Discord of the ‘influentials’
in more than one article, i have highlighted our need for a law regulating rental issues — whether residential, service or otherwise.
in addition, unlike almost every other country in the world, we have no law regulating the relationship between apartment owners, given the increasing number of these individuals, including citizens and tens of thousands of expatriates.
in an effort by the ministry of justice to develop the legislative system and reduce disputes that burden the judiciary and hinder the adjudication of cases, the minister of justice issued a decision to form a committee to study, prepare and develop the legislative system related to rental issues.
the committee will also create another legislative system to regulate the landlords’ association, in addition to reviewing some relevant provisions of the civil and commercial codes.
perhaps, his generous gesture is in response to our repeated demands, or perhaps, to put an end to the significant increase in the number of rental cases fi led in courts, which average 22,000 cases annually, as well as the remarkable increase in disputes between apartment owners.
these same problems have long been, and continue to be, an obstacle to many people accepting the idea of moving into an apartment. this is a wonderful idea, especially since people age and children move out to be on their own.
we were very pleased with the minister’s statement about the nature of the specialized committee, which will be tasked to draft the laws on rent and apartment owners, and review some relevant provisions of the civil and commercial codes.
he stated that the committee will operate according to a consultative approach that ensures the involvement of relevant state entities — government agencies and those involved in the real estate and housing sectors.
the committee will then strive to transform the system electronically and establish dispute resolution committees to expedite access to rights.
however, it did not please us at all that the committee will include legal experts, including advisors at the court of appeals and other judges.
with all due respect, we hope judges will not be assigned law-making duties. this will overlap with the powers of other authorities, given the presence of a fully integrated government body specializing in drafting laws, with over half a century of experience.
this situation becomes even more astonishing due to the dangerous backlog of cases awaiting adjudication at various levels of the courts, and the urgent need to have judges in the most useful positions, leaving the drafting of laws to the relevant authorities.
the role of judges in all systems is to adjudicate, not to participate in law-making committees.
judges have long refrained from participating or expressing their opinions on the drafting of legislation, even when previously requested by the speaker of the national assembly.
if a judge wishes to express his opinion on a case or draft law, he often includes it in the rationale for a ruling!
the government’s suspension of amendments to the public funds protection law, which judges participated in drafting, is just one example among many of the insidiousness of the recent and dangerous expansion of legislative committees to include judges, whose noble mission is to adjudicate cases, not draft laws.
we hope this is not the result of a dispute between the two highest levels within the ministry.
