The expedited judiciary " A comparative Study"

• Main Author: Ammar Saadon Al-Mashhadani
• Format: Article
• Language: Arabic
• Published: University of Mosul College of Law 2011-06-01
• Series: الرافدین للحقوق
• Subjects: the expedited judiciary; normal prosecution
• Online Access: https://alaw.mosuljournals.com/article_160659_4ba16dbd124b0831f8b156de9463d3c3.pdf

The expedited judiciary is one of the most important issues in the working life, because following the path of the ordinary prosecution in certain special cases, which is feared by the time-lapse, harms the interests of the parties if the delay of their access to judicial protection, and it is found that this judiciary to specialize in the separation of these cases, which are countless, which are mentioned in the laws, for example, but not limited to, because each case has a condition of jurisdiction of the expedited judiciary, which is considered an urgent case.<br />As the judiciary is a branch of the civil judiciary, the rules of functional, qualitative and spatial jurisdiction take into account the jurisdiction of the expedited judiciary, as well as the necessity of two conditions: urgency, which is the imminent danger or irreparable harm or necessity which is generally an influential situation in the legal status of one of the litigants. The second condition is that the procedure required temporarily is not related to the right of the case, but to the circumstances surrounding the right. The judiciary does not issue an urgent ruling on all matters relating to the right. These two conditions of public order may not be agreed upon if they are at different., and if one or both of them fail, the judiciary shall be subject to no jurisdiction.<br />The expedited court of appeals shall review the urgent matters after the petition, and the normal proceedings shall be applied to them unless such proceedings are in conflict with the nature of the urgent cases. The judge is based on urgent matters in the issuance of the urgent decision according to the documents and circumstances surrounding the request, and the decision can be implemented since its issuance because it is including expedited access to the force of law, but the temporary decision does not have the strength to prove it in front of the court, which considers the case without prejudice to the origin of the right, however, it enjoys the power necessary to expedite the judiciary and liabilities unless the circumstances or legal status of the adversaries any change, and the decision issued by the expedited judiciary can be challenged in ways that differed laws in determining.