A Comparative Study of Dealing with Judges' Misconduct Method in Roman-Germanic, Common Law and Arabic Countries

Generally, courts may encounter two types of lawsuits against judges: firstly, Lawsuit for compensation due to wrong decision, secondly, Criminal and disciplinary lawsuit resulting from a harmful Adverse due to judicial decision. Here, in this article, it is striven to answer the following question: if a lawsuit is filed in the courts against a harmful decision, whether there is a special procedure for dealing with such a lawsuit, or the courts should follow the procedure the General rules for dealing with claims. In the current study compiled in a descriptive-analytical manner with a comparative approach in the laws of Arabic countries, Roman Germanic and Common Law, the results will be depicted as follow. if the lawsuit is of the first type, the procedures for dealing with latter type of lawsuit are the same as other civil liability and torts for lawsuits that are subject to the General rules of procedure; however, in the case of the second, on the one hand, any judge of the courts has a lot of authority and powers in their field of work; therefore, it is necessary for them to be responsible before all these legal authority so that they do not become absolute rulers. On the other hand, the security and independence of the judge requires that the filing of a lawsuit against her is different with the general rules of responsibility and prosecution. This, in all legal systems, a special procedure has been provided for dealing with these claims.