The Subject-Matter Jurisdiction of Courts and the Impact of Specialized Judiciary in Reducing the Slowness of Justice in Libya: An Analytical Study in Light of the Libyan Judicial Organization

Abstract

This research examines and analyzes the relationship between regulating the subject-matter jurisdiction of courts and activating specialized judiciary as two means to enhance the effectiveness of the Libyan judicial system and reduce the phenomenon of slow justice. Defining subject-matter jurisdiction is one of the most prominent guarantees for achieving prompt justice, as it contributes to directing cases to competent courts based on their legal nature and helps organize judicial workflow and reduce procedural congestion and confusion. The research also highlights the importance of specialized judiciary in responding to contemporary legal, social, and economic changes by establishing specialized courts and circuits supervised by judges with academic qualifications and specific experience. This contributes to expediting litigation procedures and raising the quality of judgments. The study concluded that the Libyan judicial system, despite having a legal basis for regulating subject-matter jurisdiction, still faces challenges related to overlapping jurisdictions, the ambiguity of some legislative texts, the scarcity of specialized courts, and the poor qualification and training of judges in some specialties. The research recommended the need to update legislation, intensify qualification programs, and expand the scope of specialized judiciary, in order to enhance the efficiency of judicial performance and enhance litigants' confidence in justice