27 June 2017 06:34 AM

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Judges

Legal Texts
  • Judicial Judiciary Law
  • Legislative decree number 118 dated 12/06/1959
  • Administrative Judiciary Law


Appointment of judges

Incumbent Judges
In the Judicial Judiciary
The trainee judges, declared competent, are appointed as incumbent judges of the last degree or the degree which salary is equivalent to that of the appointed judge, by virtue of a decree issued upon the suggestion of the Minister of Justice.
Upon the appointment of the trainee judges as incumbent judges, they are automatically joined to the Ministry of Justice, until they are duly joined to the positions related to the judicial judiciary.
The incumbent judges may be appointed through a competition according to the above-mentioned conditions, with the exception of the age. The candidate shall be whether an attorney since at least six years including the training years, or a judicial assistant who has practiced his function for at least six years after obtaining the bachelor’s degree at Law, or an employee in the administrations or the public institutions whose position requires a bachelor’s degree at Law and who has practiced this function for the aforementioned period after having obtained this degree. The former trainee judges already declared incompetent by the Supreme Council of Justice cannot be candidates of the competition to handle a justice function.
The appointment for the last degree is made by virtue of a decree issued upon the suggestion of the Minister of Justice after the approval of the Supreme Council of Justice.
The incumbent judges, when appointed, and before starting their work, take the oath provided for in the article 46 of the Code of Judicial Judiciary as the following:
“I swear in the name of God that I will perform my judicial function with dedication and impartiality, and that I will be fair with people, loyal to their rights, and I will maintain the confidentiality of the deliberation and act in all my works as a sincere honest judge”.

In the administrative Judiciary: (The Council of State)
The trainee judges, declared competent, are appointed as incumbent judges. They become after graduation assistant consultants before the Council of State.
The assistant consultant may also be appointed among the judicial judges of fourth degree and above, and the attorneys listed in the Public roll since more than five years provided that they are not more than 40 years old. The administrative judges, when appointed, take, before the Council of State, the oath provided for in the article 22 of the Code of Administrative Judiciary as the following:
“I swear in the name of God that I will perform my judicial function with dedication and impartiality and that I will be fair with people, loyal to their rights and I will maintain the confidentiality of the deliberation and act in all my works as a sincere honest judge”.

In the Financial Judiciary (Court of Audit)
The incumbent judges are appointed in the Financial Judiciary according to the article 6 of the law issued by virtue of the decree number 118 comprising the provisions related to the Court of Audit, whether among the graduates of the Public Section or those of the Financial Judiciary at the Institute of Judicial Studies, or according to the results of a competition in which the observers participate -before the Court of Audit- holding a bachelor’s degree at Law provided that they have spent in the function of observer at least six years.
According to the article 13 of the same legislative decree, with the exception of the provisions stipulated in this decree, the judges of the Court of Audit are submitted to the Judges Statute and the other related texts.

Positions occupied by judges
In the Judicial Judiciary
In the Judicial Judiciary
The appointment of the judges in their functions is done according to their degrees and to the stipulations of the article 80 of the Code of Judicial Judiciary.
A judge may not be appointed as a Single Judge, unless he is of the second degree and above.
A judge may not be appointed as a consultant in the Court of Appeals or as the President of a Chamber at the First Instance Court or as an Examining Judge or as a Prosecutor in Appeals or as an Assistant Commissioner of the Government Commissioner at the Military Court, unless he is of the fourth degree and above.
A judge may not be appointed as the president of a chamber at the Court of Appeals or as a Public Prosecutor in Appeals or as the Government Commissioner at the Military Court or as a First Examining Judge, unless he is of the eighth degree and above.
A judge may not be appointed as the president of a chamber at the Cassation Court or as a First President of the Court of Appeals, unless he is of the tenth degree and above.
A judge may not be appointed as the First President or as the Public Prosecutor of the Court of Cassation, unless he is of the fourteenth degree and above.
However, it is allowed to attribute the functions mentioned in the first five paragraphs of this article, per interim, for one year, renewable once or more, to the judge who does not meet the aforementioned requirements, provided that the difference between his degree and the degree qualifying for the function attributed to him does not exceed one degree, while in all other matters the Public Employees Statute will be applied. The authorization per interim is given by virtue of a decree issued after the approval of the Supreme Council of Justice and upon the suggestion of the Minister of Justice.

In the Administrative Judiciary
The president of the Council of State and the Government Commissioner are appointed by virtue of a decree issued by the Cabinet upon the suggestion of the Minister of Justice, among the presidents of chambers of the four high degrees and above, or among the consultants of the first degree and above. They can be appointed by virtue of a decree issued by the Cabinet upon the suggestion of the Minister of Justice among the judges of the second degree and above.
The President of the Chamber in the Council of State is appointed by virtue of a decree upon the suggestion of the Minister of Justice after the approval of the Office of the Council of State, among the consultants of the tenth degree and above.
The President of the Chamber may be appointed, by virtue of a decree issued upon the suggestion of the Minister of Justice after the approval of the Office of the Council of State among the judicial judges of the tenth degree and above.
The Consultants are appointed by virtue of a decree issued upon the suggestion of the Minister of Justice after the approval of the Office of the Council of State, among the assistant consultants of the seventh degree and above.
The Consultants may be appointed by virtue of a decree issued upon the suggestion of the Minister of Justice after the approval of the Office of the Council of State, among:
  • The judicial judges of the seventh degree and above and the judges of the Court of Audit whose degree is equivalent to the seventh degree.
  • The public employees of the first category, holders of the Lebanese Bachelor’s Degree at Law, who have practiced a function requiring the possession of a Bachelor’s Degree at Law for at least five years before the Council of Civil Service or the Central Inspection or the Public Disciplinary Council.
  • The employees of the first category in the public administrations and institutions and the Parliament, holders of the Lebanese Bachelor’s Degree at Law, and who have practiced their functions for at least five years, and the employees of the second category, holders of the PHD Doctorate Diploma in Public Law, in the public administrations and institutions.
  • The holders of the PHD State Doctorate at Law and have practiced the higher studies as professor for full ten years at least in accredited faculties and institutes of Law and Business Administration.
  • The lawyers recorded within the public roll since at least fifteen years provided that they are not more than forty eight years old.

In the Financial Administration
The President and the Public Prosecutor in the Court of Audit are appointed by virtue of a decree issued by the Cabinet, upon the suggestion of the Prime Minister, among the judges of the Court of Audit of the two first degrees of at least the second category of the Court of Audit personnel.
The presidents of the chambers are appointed in virtue of a decree issued by the Cabinet among the judges of the Court of Audit of the first two degrees of the third category at least.
The consultants and the assistants of the Public Prosecutor are appointed among the graduates of the section of law or financial judiciary at the Institute of Judicial Studies, or according to the result of a competition in which the observers in the Court of Audit, who are holders of the Bachelor’s Degree at Law, are allowed to participate, provided that they have practiced the function of observers for six years.

Delegation to the Public Administrations
Judicial Judges
The article 48 of the Judicial Judiciary Law stipulates that, unlike all public or private texts, the judge can be transferred upon his approval to the personnel of one of the different public administrations or institutions, by virtue of a decree issued by the Cabinet upon the suggestion of the Minister of Justice and the concerned minister after the approval of the Supreme Council of Justice. The judge cannot be delegated to one of the public administrations or institutions personnel unless it is stipulated in its statue that such kind of delegation is authorized. This delegation is for a limited or an unlimited duration.
The delegated judge continues to receive his due salaries and remuneration related to his category and degree from the budget of the ministry of labor; and the delegated judge receives the remuneration related to the function to which he is delegated from the budget of the administration to which he is delegated.

Administrative Judges
The members of the Council of State can participate for a limited duration in activities that meet their legal competences in the ministries and the administrations or public institutions or municipalities, and they can be designated for a task outside. The designation will be made upon a decision of the Council of State.
The consultants and the assistant consultants can be delegated for the different functions in the ministries, administrations, public institutions or municipalities.
The delegation is made upon the suggestion of the Minister of Justice and the approval of the President of the Council of State, and the term of delegation should not exceed six years all along the duration of practicing the judicial function.
The article 7 is not applicable on the judge delegated to one of the committees of the Ministry of Justice.
The number of the delegates of each category shall not exceed in anyway one third of the number noticed in the personnel.
The delegated judge maintains his quality and position at the administrative judiciary, and no other judge shall replace him, and he participates in the Public committee and continues to receive his due salaries related to his category and degree from the budget of the Council of State.
The delegated judge receives the remuneration related to the function to which he was delegated, and all other remuneration granted to him as a result of his delegation, of the budget of the administration to which he is delegated.
The judicial leave statute is not applicable to the delegated judge who benefits from the administrative leaves stipulated in the public employees statute.

Judges Guarantees
Independence
The judges are independent in accomplishing their functions and they should not be transferred or discharged from the judicial corps unless according to the law provisions.

Principles of the Judges’ Trial in Criminal Procedures
According to the articles 344 and its following of the new Code of Criminal Procedure, the Court of Cassation is competent to examine the crimes committed by judges, whether they are unrelated to their function, or resulting there from, or in its occasion.
If the crime is committed by one of the judges of the courts of First Instance, one of the Examining Judges, one of the Prosecutors in Appeals, Financial or Military Courts, one of the consultants of the Court of Appeals, one of the consultants of the Administrative Courts or the Court of Audit or one of the assistant consultants of the Council of State, outside his function, of misdemeanor type, then the Cassation Public Prosecution will sue him automatically or upon a complaint of the damaged party. The case will be held before the penal chamber in the Court of Cassation.
If the misdemeanor is attributed to one of the presidents of the chambers of Appeals, the Public Prosecutor in Appeals, the Financial Public Prosecutor, the Government Commissioner, one of the judges of the Court of Cassation, one of the members of its Public Prosecution or the First Examining Judge, then the Public Prosecution in Cassation will sue him automatically or upon a complaint of the damaged party. The case will be held before the Plenary Assembly of the Court of Cassation.
If the act attributed to the judge, regardless his degree constitutes a felony, then the First President of the Court of Cassation nominates a judge of a degree at least similar to that of the defendant, to investigate his case.
The Public Prosecutor in Cassation handles the task of public prosecution and the “use” of the public action.
If there is a necessity to arrest the defendant judge for the felony, the judge, nominated to initiate the investigation, issues against him an arrest warrant, but which is not executed unless approved by the First President of the Court of Cassation.
The judge is arrested in a private place, as determined by the Public Prosecutor in Cassation.
The judge, assigned to handle the investigation, must consult the Public Prosecutor in Cassation in all the cases in which the law requires the Examining Judge to consult the Public Prosecution in Appeals.
The judge, assigned to handle the investigation, is entitled to substitute the arrest of the defendant judge for control measures which may restrict his freedom of movement or travel. If he violates any of these measures, or in case the investigator finds out that they are ineffective, then the investigator issues an arrest warrant according to the provisions of article 348 of the Code of criminal procedure.
The judge assigned to handle the investigation applies the procedures enforced by the Examining Judge in felony cases.
The decisions of the judge assigned to handle the investigation are brought in Appeals before the committee mentioned in the article 350 of the above-mentioned law, according to the procedures applied in the appeals of the decisions of the Examining Judge.
The investigations are brought to a committee constituted of three judges, of a degree at least similar to the degree of the defendant judge, and appointed by the Supreme Council of Justice.
The committee is presided by the judge of the highest degree or whoever designated by the First President of the Court of Cassation for this purpose.
The committee is assigned to handle the tasks of the Indictment Chamber, and refers -in its decision- the accused judge to one of the criminal chambers in the Cassation Court, in case he is one of the judges mentioned in the article 345 of the Code of Criminal procedure, and to the Plenary Assembly of the Cassation Court, in case he is one of the judges mentioned in the article 346 of the same code.
If the committee finds out that the evidences are not sufficient to accuse the defendant judge or that the criminal elements are unavailable, then it decides to stop the trial against him.
All the decisions taken by the committee cannot be subject to any way of revision. The previous provisions are to be applied to the judges’ crimes resulting from their functions.
All these provisions are applied as well to the judges of the Council of State, to the judges of the Court of Audit and to the judges retired in the honor position.
The party, damaged by the criminal act attributed to a judge, can claim remuneration related to the public action.
He is not entitled to intent a direct action in which he starts the public action.
If the criminal act committed by a judge does not result from his function or in its occasion, then the claim for remuneration is brought against the defendant judge.
However, if it results from his function or occurred in its occasion, then the damaged party is allowed to bring his claim against the State and the judge or against any of them.
If the judge, accused for a misdemeanor or a felony resulting from his function or not related to it, has a partner, an accomplice, an instigator or a concealer, then the pursuit, investigation and trial will comprehend both of them.
If the investigation does not unveil the identity of the partner, accomplice, instigator or concealer, or his pursuit is impossible or late, then this will not affect the pursuit of the judge and the examination of his case.
In the event that any of the President of the Supreme Council of Justice, the President of the Council of State, the Public Prosecutor in Cassation, the President of the Court of Audit or the President of the Judicial Inspection Committee commits a crime, of misdemeanor or felony type, outside his function or during its exercise or in its occasion, he will be sued before a judicial committee constituted of five judges appointed by virtue of a decree issued by the Cabinet upon the suggestion of the Minister of Justice.
The members of the committee are chosen out of the judges working or retired provided that their degree is not less than the seventeenth degree.
The Public Prosecutor in Cassation handles in person the pursuit unless he has himself committed the crime or participated therein. In this case, a judge whose degree is not less than the seventeenth degree will be appointed by virtue of a decree issued by the Cabinet to handle the tasks of the Public Prosecutor in Cassation, in order to accomplish the pursuit in this crime only.
The Minister of Justice appoints, upon the approval of the Supreme Council of Justice, the judge who will handle investigating the crime, among the judges whose degree is not less than that of the judge referred before him.
The provisions stipulated in the articles 345 and its following are applied in the pursuit and the trial of the above-mentioned persons.
The president of the designated judicial committee handles the tasks of the First President of the Court of Cassation concerning the approval for arresting the defendant judge.

Remuneration of damages resulting from the judicial work
The state guarantees for the judicial and administrative judges, in addition to the guarantees stipulated in the applicable laws, the remuneration of any damage caused to them, to any of their family’s members or to their funds, because of the function, during its exercise or in its occasion.

Judges in Honor Position
Are accepted in the honor position the judges who, during twenty years of service, were not subject to any disciplinary penalty, excepted for the warning penalty, and they enjoy -then- the privileges of the judges.
The judges are accepted in the honor position by virtue of a decree issued upon the suggestion of the Minister of Justice and after the approval of the Supreme Council of Justice.

Qualification of Judges
The article 95 of the Code of Judicial Judiciary, amended by the article 9 of the law number 389 dated 21/12/2001, stipulates that, outside any disciplinary pursuit, the Council of Justice is entitled to decide at any time the incompetence of the incumbent judge, by virtue of a justified decision taken upon the suggestion of the Judicial Inspection Committee and after having listened to the concerned judge, and that by the majority of eight of its members.
The decisions of the Supreme Council of Justice, concerning the competence of the candidate participating in the competition as trainee or incumbent judge, or concerning the competence of a trainee or incumbent judge, taken according to the provisions of this legislative decree, cannot be subject any way of revision, including the annulment request for exceeding the limit of authority.

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