The return of judges to work after a five-month strike has broken the absolute stagnation prevailing in Lebanon’s courts. However, it has also opened the door to numerous issues facing the justice sector this year, reflecting the critical systematic dissolution affecting all state institutions. The most important question remains: Is the judges' return to work sufficient to end the judicial paralysis? And what about judicial independence?
According to the newspaper "Al-Modon," many people find that the judges' return, following the increase of their salaries by nearly three times like other public sector employees as per the budget increases, alongside the advances they receive in dollars from the solidarity fund, has undermined the narrative linking the resumption of work to the demand for judicial independence. The financial demand, despite its validity, was the core reason for the strike, and judges themselves know that achieving the demands regarding the dignity and independence of the judiciary is nearly impossible under the current circumstances.
It is clear from a statement by the Supreme Judicial Council that the judges' return will be contingent upon the "available possibilities," and they will work "under a minimum of the necessary prerequisites in these difficult and exceptional conditions." A judicial source in the Ministry of Justice noted to "Al-Modon" that most judges will likely work two to three days a week at most, instead of five, especially those living in areas far from their workplaces. However, the actual results will only be evident through practical experience starting next week. This return is expected to positively affect pending cases, especially since more than 70% of prisoners have not been tried. It will also allow citizens to manage their legal affairs and lawsuits after a long interruption.
### Post-2019 Challenges
Does this mean that the scene in the courts will resemble the queues seen outside banks? A judicial official stated that the situation is unlikely to be rosy, and overcrowding, rush, and delays due to the backlog of cases from months will overshadow the atmosphere in courts, particularly given the logistical obstacles and severe shortages of basic supplies and stationery, as well as power outages. He added, "All conditions and indicators suggest that the courts will not return to their work pace as before 2019."
At this time, some judges fear the repercussions of ending the strike, which could negatively affect them in the future, as the collapse in Lebanon continues to impact their purchasing power and living conditions, resulting in the ongoing devaluation of their salaries. Data indicates that some judges view their return to work with embarrassment, as it will deprive them, in the foreseeable future, of the possibility of striking again after exhausting various methods of demanding their rights. After a transfer of 20 billion Lebanese pounds to the judges' solidarity fund months ago, many fear that the sustainability of these advances—which represent their only source of dollar assistance ranging between $500 and $1,000 per judge based on their rank—could be jeopardized. A source in the Ministry of Justice expressed concerns that these advances might be drained from the fund's educational and health benefits for judges, especially since most prioritize receiving cash amounts from the fund in dollars. It is worth noting that the solidarity fund provides assistance to about 950 judges, both active and retired, and includes allocations for education and healthcare.
### Judge Shortage and Judicial Appointments
Even if judges return to work, the judicial sector faces a significant shortage of judges, one of the main causes of which is the failure to finalize judicial appointments that encapsulate the deep crisis of an independent judiciary from political power. While several judges have resigned or taken indefinite leave, around 15 judges were recently retired, and others are on a similar path, according to sources from "Al-Modon." About 120 newly graduated judges are waiting for progress on the judicial appointments file. Thus, the number of active judges, estimated at around 570, is gradually decreasing, while most of them are working as substitutes across multiple courts to cover the numerical deficiency.
It is noted that during former President Michel Aoun's term, the judicial appointments file witnessed its worst phase, as it has been stalled since 2017 due to political interference. Its latest disruption occurred with the obstruction of appointing heads of the Court of Cassation in 2022, due to their significant impact on the investigations into the Beirut port explosion, which has been stalled since December 2021 because of lawsuits and requests against Judge Tarek Bitar.
According to the law governing the judiciary, judicial appointments are prepared by the Supreme Judicial Council and issued by decree signed by the Minister of Justice, the Prime Minister, the President, and the Minister of Finance if the law includes new financial allocations, with the Minister of Defense signing for military court judges. Given the presidential vacancy and the existence of a caretaker government, any previously prepared judicial appointments have lapsed, and any new appointments will require electing a president and forming a new government.
Legal expert Rizk Zghib stated in an interview with "Al-Modon" that the judicial situation in Lebanon resembles the public administration, noting that the judiciary has been unable to address the challenges posed by crises since the fall of 2019. He remarked, "The port explosion marked a pivotal turning point for the judicial authority, which publicly faced for the first time the ramifications of overt political intervention, particularly concerning appointments, placing the judiciary and judges before new challenges that transcend mere work or strikes."
