النظام القانوني لضمانات التقاضي في ظل التحول الرقمي

الملخص EN

The right to litigation is one of the basic pillars on which the legal system is based in the entire society, and the request to resort to the judiciary is one of the natural rights of individuals that cannot be violated, and one of the provisions of the International charter of human rights.

as stipulated by most of the constitutions of countries, and in this regard, the French president of the council of state, member of the constitutional council and president of the European court of human rights, Rene Casson, wrote that the rule of law can only be established or achieved where the recognition and respect of human rights is fully available and that it is essential that they be protected.

these rights are governed by a strong legal system and judiciary so that in the end one does not have to revolt against tyranny and injustice.

from this perspective, I consider the right to litigate one of the components of the rule of law.

and on the occasion of the trend of the Egyptian state and the world at large towards digital transformation and entering the world of the information revolution, considering the current era the era of technology and technology, and because the law is the mirror of its time, it was also affected by the momentum and glare of technology, which prompted its description by the term technology of law or codification of law.

it is assumed that this transformation will affect legal life, including the vital judicial facility, by contributing to achieving speedy settlement of civil cases.

although the Egyptian ministry of justice, the public prosecution and the court of cassation have taken a package of measures and decisions to keep pace with that technological development to implement digital transformation programs, but it there is still a problem of how to implement that system in the absence of special legislation to ensure that the principle of litigation guarantees is not violated, even if Law no.

120 of 2008 and amended by law no.

146 of 2019.

however, the economic courts law is a special law, and what is meant by the legislative treatment in question is the Egyptian civil and commercial procedures law, as it is the main reference for all other laws, and all of them stipulate that in the absence of a text referring to the civil and commercial procedures law, and we believe that not updating it affects the effect of exaggerated in various aspects of social, economic and scientific life.

what we shed light on in particular in this research are the guarantees of electronic litigation, which require an urgent need to introduce legislation that facilitates these procedures and confronts the developments of the digital and technological era.