دعوى مخاصمة القضاة و أعضاء النيابة العامة في ضوء قانون أصول المحاكمات المدنية والتجارية الفلسطيني رقم (2) لسنة 2001
رزق احمد ابراهيم زبيدات
Rizeq Ahmad Ibraheem Zobaidat
The purpose of a litigation action is to hold a judge or a public prosecution member, the accountability, in order to compensating damages incurred due to a decision or a procedure taken by him, if it has been impaired with fraud, treachery, deceit, or a flagrant professional mistake. The study discussed the subject of litigating judges and members of the public prosecution in light of the Palestinian Civil and Commercial Procedure law No.(2) of the year (2001), in comparison with the Comparative Legislations, taking into account the historical development of litigation actions, litigation actions substance, and distinguishing it from other similar systems, in addition to the cases where lodging litigation actions is possible. The study has investigated that the legislator has established the civil liability on the judge or the public prosecution member for their judicial acts in certain circumstances in law, mentioned exclusively, considering them just as other individuals, who may commit errors during performing their job. The study also indicated that the nature of the litigation action, is merely an accountability action that are subject to certain rules by legislator; considering the capacity of defendant, herein the judge or the public prosecution member, as well as the sensitivity and precision of their job. Furthermore, the study demonstrated litigation action parties, the court competent to examine it, litigation action proceedings, its conditions to be accepted in the comparative legislations, and the effects consequent to the decision delivered in such actions. At the conclusion, the study recommended the importance to amend the first paragraph of Article(153), of the Palestinian Civil and Commercial Procedure Law, in addition to the matter of treachery and denial of justice, and considering them as the reasons for lodging the litigation action, as well as the importance to amend the first paragraph of Article (155) of the Palestinian Civil and Commercial Procedure Law, regarding lodging an action by a practitioner lawyer. While in case where the plaintiff proved the rejection of proxy by lawyers, to allow plaintiff to submit the litigation action by himself; as it is a difficult and complicated action, which requires expertise in the field of Law. In addition, the study has also recommended to strictly ensure judges and public prosecution members’ proficiency before appointing them, to intensify training programs designed to them, and to increase their number to reduce work load. The study also stressed the importance of examining difficult and complex actions by more knowledgeable and experienced judges in order to minimize occurrence of errors.