The Right to Compensation for Delays in Justice in Libyan Law Commentary on the ruling of the City Magistrate Court at Benghazi North Court of First Instance issued on December 19, 2010, in Case No. 715/2010

Abstract

The judiciary demonstrated a creative role in protecting fundamental rights, as the judgment under study recognized an important right—namely, the right to compensation for the delay of justice in the absence of explicit legislation. This makes it a pioneering judicial precedent. The research affirmed the content of the judgment and emphasized that the logic of compensation should not be based solely on fault, but also on unjust harm. It concluded that the state must adopt a logic of equity, by bearing the consequences of damages resulting from judicial procedures—even when such procedures are lawful. This is based on the principle of equitable distribution of public burdens and the principle of legitimate expectation, both of which strengthen the individual's right to reparation even in the absence of clear fault