27 June 2017 06:35 AM

MINISTRY DEPARTMENTS Back


Institute of Judicial Studies

The institute of judicial studies was created under the mandate of late president Fouad Chehab and that according to the Code of Judicial Organization issued by virtue of the decree number 7855 dated 16/10/1961. The sessions of preparation therein started in the following year to be then the eldest institution for the preparation of judges in the Arab World. In 1967, a bylaw was drafted and continued its work till 1970 then was regenerated by the end of the Lebanese civil war where during this period it was not given the chance to work normally and fully.
This is a brief review of the first legislative phase in the life of the institute. As to the second legislative phase, it was represented by the legislative decree number 150/83 which includes in its second chapter, section III the legal provisions related to the institute and these provisions were also subject to essential amendments in 1985.
During 1994 and by the end of the civil war and the stabilization of the security, a comprehensive reassessment of the institute works and systems was accomplished without any amendment in the texts.

Administration of the Institute

The administration of the institute is handled by a president, a director and a board of directors:

1.1.5.1.1 President:
The institute is chaired and its works are supervised by a judge of ninth grade and above who is appointed for this purpose by virtue of a decree taken upon the proposal of the Minister of Justice and after the approval of the Supreme Council of Justice and he will be a direct president to the employees working for the institute.
The president will take the necessary decisions to execute the resolutions of the board of directors of the institute and will take good care of the good process of work therein.

1.1.5.1.2 Director
The studies are directed at the institute by a judge of tenth grade and above who will be delegated for this purpose by virtue of a decree issued upon the proposal of the Minister of Justice and after the approval of the Supreme Council of Justice.
The Director will replace the president of the institute at his absence, and he will handle the supervision of the organization of studies and the taking care of the work process and internal discipline in the institute.
Administration of the Institute since its establishment in 2007
From To President of the Institute Director of the Institute
1962 1966 Khalil Jreij Ali Khalife
1966 Late 1966 Bader Mouchi (in his capacity as chairman of the Board of Directors of the institute because of the vacancy of the position) Ali Khalife
1966 1967 Massoud Hnein Ali Khalife
1967 1971 Fouad El Saghir Ali Khalife
The institute interrupted its work between 1971 and 1973
1973 1976 Salim El Jahel Youssef El Khalil
1976 Elie Bakhach Youssef El Khalil
Nassib Tarabey Youssef El Khalil
1977 1980 Emile Abou Kheir (in his capacity as chairman of the Board of Directors of the institute because of the resignation of Nassib Tarabey) Youssef El Khalil
1980 1986 Elie Bakhach Assaad Diab
1987 1990 Assaad Diab Bechara Matta
1990 1993 Bechara Matta (by proxy) Bechara Matta
1993 2005 Chabib Mokalad Bechara Matta
2005 2007 Bechara Matta (by proxy) Bechara Matta
2007 Still Sami Mansour Choukri Sader

1.1.5.1.3 The Board of Directors
The Board of Directors is constituted of:
1 – President of the Supreme Council of Justice, as President
2 – Director General of the Ministry of Justice, as Vice-President
3 – President of the Institute, as member
4 – Director of the Institute, as member
5 – Two judges appointed by a decision of the Minister of Justice upon the approval of the Supreme Council of Justice for three years nonrenewable but for once.
The Board of Directors puts the academic curricula, determines the methods scientific and disciplinary adjustment, organizes the academic sessions, chooses the professors and enters into contracts with them through the President of the Institute.
The current judicial organization issued in 1983 a branch for public law in the institute to ensure training to the administrative trainee judges to be after graduation assistant consultants before the council of state. And in all the matters related to those, the office of the council of state will substitute the Supreme Council of Justice. And in the Board of Directors of the institute, the president of the council of state replaces the president of the Supreme Council of justice and two judges of the council of state will replace the two judicial judges.
And in 1992, and according to the law number 133 dated 14/04/1992, the department of financial law was created in the institute to prepare the financial trainee judges and join them after their graduation to the audit court. Here, the audit court replaces the Supreme Council of Justice. And in the Board of Directors of the Institute the president of the Audit court will substitute the president of the Supreme Council of Justice and two judges of the Audit court will replace the judicial judges who shall be appointed by a decision of the President of the Audit court after the approval of the Council of the Audit court.

Financial and Administrative status of the Institute
The institute forms one of the units of the General Directorate of the Ministry of Justice, and this may result in the abolishment of the independent artificial personality and the absence of financial and administrative independence of the institute. The institute is administratively and financially related to the Ministry of Justice since its employees joined it from the total personnel of the General Directorate of the Ministry of Justice in addition to the non-existence of a special budget for it but it depends on the credits allocated to it on yearly basis at the setting up of the budget of the Ministry of Justice.

The missions of the Institute
The institute will handle the following tasks
1 – To form the trainee judges in order to handle the judicial work in all the three departments being judicial, administrative and financial.
2 – To organize training sessions for the bodies assisting the justice, judicial assistants, notaries public, experts and others that the Ministry of Justice decides to submit them to training sessions.
3 – To prepare the non-Lebanese judges to take in charge the judicial work in their countries.
4 – To accomplish preparatory sessions for the persons wishing to participate in the competitions of admission to the institute.

The judicial preparation organized by the institute deals with
A- Theoretical Formation
It comprehends theoretical and practical courses in the law and the other useful sciences necessary to the judge’s work.
B- Practical and Training Formation
It will be done by joining the trainee judge to the different judicial department where the judge participates in the deliberation and will be bound with its confidentiality.
C- Intellectual and Moral Formation
It is done by the constitution of the culture necessary to rehabilitate the judge to take in charge the justice.
Teaching in the institute will be handled by a number of judges and experts who enter in contract with the institute through the president of the institute on the basis of lectures, since the staff of the institute is not on full time basis personnel including the president of the institute and its director.

Competition of Admission to the Institute
The Minister of Justice determines when needed, and after consultation of the Supreme Council of State or the Office of the Council of State, a number of trainee judges to be designated and requests the Supreme Council of Justice and the office of the Council of State to organize a competition for this purpose. As to the financial judiciary, the president of the Cabinet will replace the Minister of Justice and the council of the Audit court handles the accomplishment of the competition.
The committee organizing the competition determines the required subjects and the grades average and the Board of Examiners among the judges that it chooses for this purpose.
In the years 2006 and 2007, no competition of admission to the Institute of Judicial Studies was made with reference that the Board of Directors of the Institute – Judicial Judiciary Section – who has proceeded on 11/07/2006 to submit a recommendation to his Excellency Minister of Justice to the attention of the Supreme Council of Justice requesting the organization of a competition of admission to the institute (Judicial department) and that after the determination of the number of trainee judges wanted to be appointed pursuant to article 59 of the decree 150/83.
Sample of the application for admission to the Institute of Judicial Studies
A first interview will be effectuated to all the candidates in the Institute of Judicial studies by the president of the institute and his director and one of the members of the committee who organized the competition, then followed by another interview for the candidates who passed the first interview as a result of the first interview by the committee with all its members and in the presence of the president of the institute or the director. And as a result the list of the approved to participate in the competition will be issued. The candidates who successfully passed the written competition will be subject to a verbal examination before the committee effectuating the competition and the Board of Examiners.
At the end the committee declares the results of the competition and informs immediately the Minister of Justice or the Prime Minister and the supreme Council of Justice or the Office of the Council of State or the council of the audit court and to the board of directors of the institute.
The candidates who passed the competition will be designated as trainee judges by virtue of a decree to be taken upon the proposal of the Ministry of Justice or the Prime Minister and after the approval of the committee that organizes the competition. They will join the institute for three years after giving their oaths before the courts of appeal in Beirut or the Chamber of the President of the Council of State or the chamber of the president of the audit court.
The trainee judges may be appointed without competition of those among them who hold diploma of doctorate of state in law and that by virtue of a decree taken upon the proposal of the Minister of Justice and after the approval of the Supreme Council of Justice.

Curricula of education and pedagogical methods at the institute
The board of director of the institute will determine the subjects to be taught for the three years of training, and most of these subjects were not mainly or closely learned at the universities, and among the subjects that relate to the judicial work.
The three years will be divided into six sessions; each of them remains six months. The first session will contain close theoretical studies with practical operation dealing with the following matters: real estate Law, Lease Contract, Civil Status, Bankruptcy, Code of Civil Procedure, File Examination, Methodology of Research, private research and the informatics laws.
By the end of the first educational year, and upon a decision of the president of the institute, the trainee judges will join different judicial departments for a duration varying between three and four months in every judicial department, and that all along the remaining five sessions but the trainee judges remain at the same time related to the institute where they continue their theoretical session along the five weeks in some remaining subjects which are from preliminary domain.
The trainee judge will stay in every judicial department for three or four months where he participates in the sessions and deliberations, organizes the judgments and decisions without having the right to sign them. In every session, he will be assigned to prepare an expanded legal study which subject is compatible with the legal matters treated before the courts which he joined. This study is discussed by a committee constituted of the president of the judicial department in his capacity of supervisor and the president of the institute and the Director of the studies.
At the end of the session, the trainee judge shall elaborate a report of his training, and parallel to this, the president of the judicial department to which the trainee judge was joined, a report related to the works of this latter and his remarks concerning the work methods, his conduct and the extent of his assimilation and his capacity. This report will be considered as an important element for the evaluation of the trainee judge; the grades of this report will be added to the grades of examinations of the theoretical materials and the grades of legal study.
At the end of every academic year, the board of directors of the Institute will be entitled to take the proposals it deems adequate concerning the competence of the trainee judges and refer them to the Supreme Council of Justice to take the necessary decisions in its concern. This fact occurs definitely by the end of the training term and after that the board of directors of the institute organizes a list of the graduates. The decision of the Council of Justice related to the non competence, terminates the service of the trainee judge with no need to issue any other administrative decision. As to the judges whose competence was declared, they will be appointed as incumbent judges by virtue of a decision to be taken upon the proposal of the Minister of Justice. And in the absence of the decree the duration of their training starts as if they are incumbent judges after the expiry of three months from the declaration of his capacity.
In brief, it is worth to mention that in the issues related to the administrative and financial sections, the same rules shall be followed towards the training and the theoretical studies and the declaration of competence or non competence, while observing the difference in the topics of the studies and the replacement of the supreme council of justice by the Office of the Council of State and the Council of the Audit court.


Training Sessions and Visits to the Trainee Judges in 2006 – 2007

Seminars of 2006 – 2007

Plan of the Work Process before the Institute of Judicial Studies- judicial judiciary
Plan of the Work Process before the Institute of Judicial Studies – Section of Judicial Judiciary
1. Minister of Justice: Determination of the number of trainee judges upon recommendation of the Board of Directors of the Institute.
2. Supreme Council of Justice: Organization of the competition of admission to the institute in order to request trainee judges.
3. Organization of competitions to the candidates in the Institute of Judicial Studies.
4. First Interview to be made in the institution with the security and moral investigation on the candidates through the competent panels.
5. Second Interview to be made in the Supreme Council of Justice to the admitted after the first interview.
6. A written competition made in the institute for candidates admitted by the Supreme Council of Justice.
7. Oral Competition for the candidates who passed the written competition.
8. Declaration of the final results of the competition and later on the issuance of the decree of appointment “Trainee Judge” and then to give the oath before the first president of the court.
9. Three years of study– divided into six sessions – theoretical studies – elaboration of legal studies – to make the trainee judge join the judicial departments “for training” – participate in forums and scientific and legal activities inside and outside the institute under the supervision of the administration of the Institute of Judicial Studies.
10. Having accomplished the years of study, the board of directors of the institute will put a list of graduation and the suggestion of approval of the competence to move to the real justice and refer them to the Supreme Judicial Council.
11. After that the Supreme Council of Justice approved the competence, a decree will be issued by the Cabinet on the appointment of the incumbent judge who takes the oath before the president of the Supreme Council of Justice.
12. Incompetence.

Plan of the Work Process before the Institute of Judicial Studies - Administrative Judiciary
1. Minister of Justice: Determination of the number of trainee judges upon recommendation of the Board of Directors of the Institute.
2. Office of the Council of State: Organization of the competition of admission to the institute in order to request trainee judges
3. Organization of the competitions to the candidates in the Institute of Judicial Studies
4. First Interview to be made in the institution with the security and moral investigation on the candidates through the competent panels.
5. Second Interview to be made in the Office of the Council of State to the admitted after the first interview
6. A written competition made in the institute for the admitted by the Supreme Council of Justice
7. Oral exam for the candidates who passed the written competition.
8. Declaration of the final results of the competition and later on the issuance of the decree of appointment of “Trainee Judge” and then to give the oath before the president of the office of the Council of State.
9. Three years of study– divided into six sessions – theoretical studies – elaboration of legal studies – to make the trainee judge join one of the chambers of the Council of State “for training” – participate in forums and scientific and legal activities inside and outside the institute under the supervision of the administration of the Institute of Judicial Studies.
10. Having accomplished the years of study, the board of directors of the institute will put a list of graduation and the suggestion of approval of the competence to move to the real justice and refer them to the Office of the Council of State.
11. After that the Supreme Council of Justice approved the competence, a decree will be issued by the Cabinet on the appointment of the incumbent judge who takes the oath before the president of the Office of the Council of State.
12. Incompetence

Plan of the Work Process before the Institute of Judicial Studies - Financial Judiciary
1. President of the Board of Directors: Determination of the number of trainee judges upon recommendation of the Board of Directors of the Institute and the office of the Audit court.
2. Demanding trainee judges: Organization of the competition of admission to the institute under the supervision of the Audit court + Institute of Studies.
3. Organization of competitions to the candidates in the Institute of Judicial Studies.
4. Oral interview in the Audit Office with the security and moral investigation on the candidates through the competent panels.
5. A written competition made in the institute for the admitted candidates after the first interview.
6. Oral exam for the candidates who passed the written competition.
7. Declaration of the final results of the competition and later on the issuance of the decree of appointment “Trainee Judge” and then to give the oath before the president of the Audit court.
8. Three years of study– theoretical studies – elaboration of legal studies – to make the trainee judge join one of the chambers of the Audit court “for training” – participate in forums and scientific and legal activities inside and outside the institute.
9. Having accomplished the years of study (three years), the board of directors of the institute will put a list of graduation and the suggestion of approval of the competence to move to the real justice and refer them to the Audit court.
10. After that the Audit court approved the competence, a decree will be issued by the Cabinet on the appointment of the incumbent judge who takes the oath before the president of the Audit court.
11. Incompetence.

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