Some Judicial Experiences in the Light of The Principle of Easy-Access to Justice to Settle Small Civil Claims: Egypt – France - Emirates

Abstract

The rule of law is one of the main principles of countries, the basis of government, and the key to stability upon entering into force against each and every one. Such principle is based on the following rules: 1) Independence and fairness of judiciary, 2) Granting the right of litigation and resorting to court for people on low income, 3) The right of fair and equitable trial, 4) Easy-access to justice, 5) Forbidding the exclusion of the administrative orders from the judicial supervision, 6) Ceasing the operation of courts of exceptional jurisdiction and granting the right of court resort, 7) Enforcing the judgments in the name of the people, provided that; the country shoulder the responsibility of enforcement.([1]) The present paper aims at shedding light on the principle of Easy-Access to Justice – the main basis of the principle of the rule of law being a constitutional requirement. The country shall grant the right to litigate and overcome any obstacles that prevent access thereto if there is a need to resort to court asking for effective judicial protection which has as many forms as the type of violating the legal status or the legal right may be. .([2]) The court does not interfere unless the law has been broken since the court has been deemed the observer and the interpreter of law .([3]) [1]Articles 94:100 of Part Four of the Egyptian Constitution, 2014. [2]Articles 94:100 of Part Four of the Egyptian Constitution, 2014. [3] Ragheb, W. (2004). The principles of the Civil Judiciary. 4th edition, Dar El-Nahda El-Arabia, p. 40.