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However, independence of the judiciary means also noninterference in its affairs by any entity from outside since
legislation has entrusted monitoring of judicial action to a judicial
body comprised of a number of judges of higher degrees, or the
so-called Inspection Department. Inspection is carried out by
examining the performance of the inspector every year at the
Inspection Department Headquarters or the competent branch, as
appropriate, or by the inspector moving to the workplace of the
member subject of inspection.
In all cases, the inspector is provided with a copy of the legal
work performed by the member subject of inspection, while the
latter may present to the inspector first-hand positive level of
effort to indicate his efficiency. This work or level of effort is
subject to evaluation affirmatively or negatively and no member
of the judicial body will be entitled to promotion unless he is
reported to have been evaluated at least by above average grade.
The judge applies justice in balancing legal interests of
adversaries. The Judicature Law presupposes the impartiality of
the judge; however he is to be prevented from examining the case
once proved to be of vested material or moral interest or if he is
bound in kinship up till the fourth grade with any of the
adversaries, or if he has had prior opinion on the subject case
under his examination. The Libyan Law has adopted this
principle to ensure smooth conduct of justice and maintain its
networking with public order, which the judge is automatically
committed to it, even without plea on the part of the adversaries.
2- Ensuring the right of litigation and equality before court:
The Great Green Human Rights Charter in the Era of the Masses
stipulates in its ninth principle that "Mass society guarantees the
right of litigation and the independence of the judiciary and that
the accused has the right to a fair trial".
This principle applies to foreigners as well. The foreigner who
goes to court, will be entitled to enjoy the same rights of the