ضمان حياد القاضي الإداري

Abstract

The principle of neutrality is one of the basic principles imposed by the laws, whereby the judge must decide all cases brought before him, far from his inclinations and emotions towards one of the parties. Judicial neutrality ensures the achievement of justice and equality between the two parties.

It is a legal duty imposed on every judge, and the laws have granted several guarantees to litigants in the event that this duty is not observed. These guarantees are represented by the recusal procedure, which is without a doubt a legal means of protecting litigants.

This means that allows both parties to exclude a specific judge from considering the dispute in the event that one of the legally specified cases of rejection occurs, but the legislator in some countries, such as France, also granted the litigant the right to reject the court entirely before the court of a higher degree.