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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