مبدأ مجانية القضاء: دراسة تحليلية مقارنة

Abstract EN

The right to litigate before courts is guaranteed to every person by the state to protect the basic personal rights granted by constitutions and international conventions.

a trial is free of charge as the state pays the salaries of judges to ensure justice and equality among all individuals before the judiciary system.

indeed, gratuitousness of judiciary means that the litigants do not pay the wages and fees of the judge who settles the dispute, given that the judge is a public servant charged with a public service, and that the appointment of judges and their salaries, grades, and annual salary raise are at the state’s expense, in an effort to guarantee of the impartiality and independence of the judge, so that the judge is not biased towards the litigant who pays his wages.

however, the judicial expenses and duties a person have to pay when bringing or defending themselves against legal action may vary: claim filing fees, attorney fees, expert fees, translation fees, and witness cost.

this may deprive a range of individuals from resorting to courts.

therefore, this paper studies the extent of gratuitousness of the judiciary.

is consists of two sections: the first deals with the provisions of judicial aid, and the second deals with the effects of such aid.