The Effects of Corona Pandemic (Covid 19) on the Exercise of Access to Justice
A Comparative Analytical Study
DOI:
https://doi.org/10.35246/jols.v38i1.596Keywords:
Coronavirus, Litigation Procedures, Legal Direct Effects of Coronavirus, Legal Indirect Effects of CoronavirusAbstract
This study seeks to clarify the adequacy of the current legal texts - procedural and objective - to respond to our situation under Corona and whether it needs to modify or develop treatment for this general exceptional circumstance or to avoid it, and the appropriateness of the idea of force majeure or emergency circumstance or (the idea of foreign reason) to face the consequences or effects of Corona on the rules of litigation and the formation of the court and its jurisdiction and procedural appointments and litigation procedures and appeal and judgment and its implementation in order to maintain and implement the public order that interferes with the mechanisms and measures taken It is intended and has legal and judicial implications for the legal stay and the exceptions that are included. All this is done through an analytical, rooting and comparative approach to access alternatives and proposals in this regard.
Downloads
References
i. Bolassi, Hamid, 2020, Continuity of public utility in the time of Corona between the basis of continuity of public utility and judicial protection, in the Revival of Law Sciences series (Moroccan).
ii. El-Bilad , Hamid Ould, 2020, The Nature of the Decree-Law, Reflections in Light of the Decree-Law Concerning the Enactment of Special Provisions for the State of Health Emergency, in the Revival of Law Sciences Series (Moroccan), 4th Edition.
iii. al-Tamawi, Suleiman Muhammad, 1986, Administrative Judiciary - Book Two - Judgment of Compensation and Methods of Appeal of Judgments (Comparative Study), Dar Al-Fikr Al-Arabi, Cairo.
iv. Khaman , Samah, 2020, Protecting Procedural Appointments in Light of Legislative Amendments to Confront the Health Crisis of the Covid 19 Pandemic: A Comparative Analytical Study Between French and Kuwaiti Laws, Journal of the Kuwaiti International Law School, Year Eight, Special Supplement, Issue 6.
v. Ammari, Abdelghani, 2020, Corona Pandemic and the Dominance of Virtual Judiciary, Revival of Law Sciences Series, Morocco.
vi. Haris, Abdel Fattah, 2020, Judicial Security in light of the state of health emergency in Morocco, in the series Reviving Moroccan Law Sciences.
vii. Abdel-Fattah, Azmi, 1995. Kuwaiti Civil Judicial Law.
viii. Mahmoud, Ali Abdel Fattah, 2009, Al-Wajeez in the Administrative Judiciary, The Principle of Legitimacy - The Case for Cancellation - A Comparative Study, New University Publishing House, Alexandria.
ix. Hussein, Emad Al-Din, 6/9/2020, Settlement of Commercial Disputes in Light of the Corona Pandemic, Towards Exploring Means, Alternatives, and Solutions, p. 1, Akhbar Al-Khaleej Newspaper, Bahrain.
x. Presiding Judge El-Kashou, Moncef, 2020, Force Majeure in Civil and Commercial Pleadings in the Time of Corona "Covid-19".
xi. Abdel-Rahman, Muhammad Saeed, 2001, Force Majeure in the Law of Procedures, Dar Al-Nahda Al-Arabiya.
xii. Al-Bakri, Muhammad Azmi, 2018, The New Civil Law, Volume Thirteen, Encyclopedia of Jurisprudence, Dar Mahmoud for Publishing and Distribution.
xiii. Mahrous, Marwan Muhammad, 2017, Constitutional Judiciary Oversight of Legislative Drafting, Journal of the Kuwaiti International Law School, Issue 2, Part One.
xiv. Al-Sabawi, Yasser Basem, 2020, Pandemic (Corona Virus) and its impact on the provisions of procedural laws - a comparative study, Journal of the Kuwaiti International College of Law, Year 8, Special Supplement, Issue 6.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 استاذ دكتور سيد أحمد محمود، استاذ دكتور أحمد سيد أحمد محمود
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
