The Judge Litigating Suit as Legal Guarantee for Judges and Litigants Analysis Under Libyan Civil Procedural Law

Abstract

 The independence and impartiality of the judiciary are fundamental pillars for achieving justice and ensuring public trust in the judicial system. To enable judges to perform their duties with confidence, legal safeguards must be in place to protect them from direct legal accountability, while acknowledging the possibility of human error in their work. Accordingly, the Libyan legislator established the recusal lawsuit or judicial accountability lawsuit as a special mechanism for holding judges accountable, distinct from ordinary legal proceedings, in recognition of their esteemed role in upholding justice.

The recusal lawsuit aims to strike a balance between safeguarding judges from undue pressure and protecting litigants' rights. It allows aggrieved parties to seek compensation for damages resulting from judicial errors without undermining judicial independence. This legal remedy is examined in terms of its conditions, procedures, and effects under the Libyan Code of Civil Procedure to assess its effectiveness in ensuring fair and impartial justice.

The core research problem revolves around the extent to which the recusal lawsuit provides comprehensive protection for both judges and litigants, while preserving judicial neutrality and independence. The study raises key questions regarding the concept of the lawsuit, its grounds, stages, and its role in reinforcing trust in the judicial system. A deductive-analytical approach is applied to examine the relevant provisions of the Libyan Code of Civil Procedure governing the recusal lawsuit.