حدود فاعلية التنظيم القانوني للمجلس الأعلى للقضاء السعودي : دراسة تحليلية مقارنة بالقانونين المصري و الإماراتي

الملخص EN

This This study aimed at extrapolating and analyzing the legal organization of the Presidency of the General Judiciary in the Kingdom (Supreme Council of the Judiciary), and comparing this organization with its counterparts inthe Egyptian and Emirati (UAE) laws.

It intended to assess its effectiveness and sufficiency to activate the presidential role of the Council in relation to the executive authority (Ministry of Justice) and to establish the guarantees of the independent judiciary.

This study was conducted in a comparative analytical framework, through three investigations.

The first addressed the stages of the council's development and the development of its functions.

The second reviewed its regulatory structure, which was developed in a comparative framework.

While the third included a comparative analysis of the adequacy and limits of the effectiveness of the legal organization of judicial presidencies in the Kingdom, Egypt, and the UAE.

The study yielded several results, most notably: 1-The legal organization of the Presidency of the Judiciary in the Kingdom is more appropriate than its counterparts in the Egyptian and UAE laws in the process of establishing guarantees of separation between the judiciary and the executive authorities, genuinely making the Council the greatest guarantee for reinforcing aspects of a successful judiciary.

2- There are important issues that require legislative reconsideration and treatment by the Saudi regulator, such as issuing disciplinary rulings to judges in public, establishing the right to appeal these rulings (m/65), abrogating the need for ratification by the Supreme Council for these rulings or the re-establishment of the Council to be a court, which is not the case (m/59), as well as the treatment of the issues of the suspension of judges and their financial entitlements during investigation (m/62), or during a criminal trial (m/69).

3- There are also important issues that require legislative review and treatment by both the Egyptian and Emirati legislators, particularly relating to the interference of the Minister of Justice in the tight technical issues concerning the affairs of courts and judges.