SEEKING NATIONALITY THE JUDICIAL ODYSSEY OF APPLICANTS Two main matters, among others, that negatively affect the judicial process and impede the normal flow of proceedings are 1) the successive interlocutory decisions; and 2) the long court summer “vacation”. administration. It is mainly the responsibility of the court, in the first place, to ensure that the trial proceeds normally, fairly, and within reasonable time limits rather than standing hands crossed and letting the proceedings flow without any clear time limit. The court should ensure the proper flow and administration of processes so that each party justly receives its rights without delay. Therefore, it is the court that should specify time limits and take the necessary measures to ensure smooth proceedings. Delays in Hearings The Lebanese Code of Civil Procedure does not specify time limits for the schedules, , with the exception of the judgement session that should be place within six weeks from the closing of trial. However, such provisions are not respected in reality. Judges often do not set short schedule between court hearing sessions on a minimum average of six months’ intervals, and quasi regularly this interval is repeated several times. This is due to the fact that the judges a wait receiving the different parties replies counterarguments, or the execution of the interlocutory decisions, or receiving the investigations reports of the General Security, or the results of the DNA test when requested. Two main matters, among others, that negatively affect the judicial process and impede the normal flow of proceedings are 1) the successive interlocutory decisions; and 2) the long court summer “vacation”. The issuance of successive interlocutory decisions for different reasons, such as once for clarifications, and another time requesting submission of additional documentation, instead of issuance one that include all requests to be executive in one time. As for the second matter, in “normal” time, the courts’ summer “vacation”, during which the courts refrain from scheduling hearings, stretches from mid-June till mid-September making the judicial recess practically stretched over a period of four months rather than two months (starting 15 July till 15 September) every year as per Decree No. 2879 of 29/12/2009.71 For example, in a registration lawsuit, the legal representative requested a hearing, eight months after the court received the DNA test results and 4 months after the General Security conducted the investigation. The court scheduled the hearing three months later. Furthermore, in a nationality lawsuit, the court hearing to issue the final ruling or judgement was adjourned three months after the closing session of the trial in violation of CCP Article 498 mentioned above. SEEKING NATIONALITY | PART 3 FRONTIERS RIGHTS 84

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