Mechanisms of Judicial Service: From Traditional Methods to Electronic Transition

Abstract

This study examines the judicial notification system under Libyan law, as it constitutes the fundamental cornerstone for establishing legal proceedings and safeguarding the right to defense. The research highlights the deficiencies of traditional methods (paper-based service via process servers), which have become a primary cause for prolonged litigation and the loss of rights due to formal complexities and difficulties in reaching the notified parties.

Employing a comparative analytical approach, the study evaluates the provisions of the Libyan Civil and Commercial Procedure Code in light of modern legislative experiences—specifically those of Egypt, Jordan, and the UAE—which have adopted "Electronic Notification" systems. It also considers the French legislator's approach regarding notification through legal counse.

The findings reveal that the traditional Libyan system, despite various amendments, still relies on "presumptive knowledge" in many instances, necessitating an urgent modernization of the procedural framework. The study recommends amending the Code of Procedure to align with the Libyan Electronic Transactions Law No. (6) of 2022. It advocates for the activation of notification via email and mobile text messaging to keep pace with global technological advancements. Furthermore, it suggests expanding the role of lawyers in receiving notifications to enhance judicial efficiency and achieve swift justice.