“The role of a specialized judge in attracting and protecting investments”
Professor Doctor Mohamed Gabr
Department of Economics and Public Finance - law - Mansoura University
Abstract
Research Summary The current global economy is witnessing rapid shifts in the field of investment, these shifts are governed by the laws of investment globalization and severe competition controls, especially with the emergence of differences between countries that possess capital and technical expertise, and other countries that lack one or both of these elements, which made the countries that have paid them data Global and national makes it looking for guarantees to protect its capital, while the poor countries seek to attract more investments, based on the reform of the monetary, financial and legislative policies. Accordingly: some countries have enacted legislation and created a specialized judiciary in order to facilitate the procedures and tasks of investors ... so one of the most important ingredients in investment promotion was “judicial protection as an essential element to strengthen the competitiveness of investors”, and establish the position of countries to attract more investments, preserve existing investments and advance It out. Hence the importance of the specialized judiciary and its effective judge in advancing the process of development and encouraging investment, as the specialized judge contributes directly to improving the investment environment, and these contributions are reflected through the speed of deciding cases: (financial, investment, commercial, and economic) and making the decision that is more accurate And closer to the right, which creates a safe environment for investment, which would enhance confidence among local and foreign investors and economic partners alike, the specialized judge is not only a tool to address the problem presented, but is entrusted with the search for justice and its application to the specific reality Odh 'shall be allocated to the commercial judge in the commercial, economic, suits or claims of investment is an important issue must be available for the adjudication of such cases, which reflected positively on investor guarantees. The researcher believes that there is an urgent necessity, and great importance for the commercial economic judge's specialization. This necessity is derived from the scientific and practical necessities of the judicial specialization, as it has become necessary for the commercial judge to be closely aware of the policy of criminalization and punishment in investment cases, and not merely researching the availability of the elements of crime. Accordingly, the researcher will address in his research the role of the judge and the judiciary’s specialization in stimulating investment, especially since many countries are still adhering to not endorsing this important principle, and among these legislations is the Egyptian legislation, the Egyptian legislator did not endorse the principle of judge specialization decisively, despite the fact that the Judicial Authority Law No. 43 for the year 1965 AD stipulated in Article (11) that judges specialize in a sometimes compulsory and sometimes compulsory manner, but these provisions did not come into effect ... This is related to the judge's specialization. As for the specialized judiciary in general, it means: courts formed by a specialized judiciary, and the scope of its jurisdiction is limited to a specific type or types of commercial cases or investment disputes, which are of a technical technical nature, and which are established by a special law. The importance of the specialized courts and the specialized judge is to achieve the following: • Rapid dismissal of prosecution cases, with the achievement of completed justice, and overcoming the problem of slow litigation procedures. • Qualifying the judges and equipping them with the advanced knowledge and skills to ensure a speedy judicial performance, and the issuance of sound and consistent judicial decisions, which will achieve greater justice for the litigants. • The judge's specialization makes him more able to formulate the reasons for his ruling in a simple, easy and easy way. • Reducing the total cost, due to the judges ’substantive experience, which benefits both the costs of the judiciary and the cases. Accordingly: the commercial judiciary has become more than ever required to open up to its external environment and learn about judicial experiences and other legal cultures, so that it will be able to find appropriate solutions to what may be presented to it from commercial and investment issues that serve the investment, and then be a key actor in Creating a sound climate of reassurance, confidence and stability, and constitutes a strong pillar of the process of development and investment promotion, taking into account the balance between the rights of the investor and the rights of the state.
Keywords
Judge specializes and stimulates investment
