The civil judge's authority to simplify or complicate civil litigation procedures
Keywords:
Civil judge - procedural simplification - procedural complication - prompt justice - discretionary power - civil procedure lawAbstract
Abstract: This study aims to examine the role of the civil judge in simplifying or complicating litigation procedures and its impact on achieving prompt justice. The research explores the legal basis granting the judge the authority to manage the case, focusing on the criteria used to simplify procedures for expediting dispute resolution or to complicate them when necessary to ensure the parties’ rights. The study is divided into four main chapters. The first chapter discusses the conceptual and legal framework of the judge’s authority in managing litigation. The second chapter examines the judge’s role in simplifying procedures and its effect on expediting judicial decisions. The third chapter highlights the factors that may lead to procedural complications and their impact on justice. Finally, the fourth chapter addresses the balance between simplification and complication, offering recommendations for improving the judicial system to enhance efficiency and fairness. The research concludes that achieving a balance between simplifying and complicating litigation procedures is essential to preserving litigants’ rights while ensuring timely case resolution without undermining justice principles. Additionally, the study presents several recommendations, including amending laws to provide judges with clear criteria for case management, promoting the use of technology in litigation, and enhancing judicial training mechanisms to improve litigation management efficiency.