22 - Foreign Judges on Domestic Courts in the MENA Region

Summary

In the Middle East and North Africa region, laws organising the judiciary and bilateral agreements on judicial cooperation expressly permit the use of foreign judges on domestic courts. Judicial ‘secondments’ of this type allow host courts to deal with increasing caseloads expeditiously, while providing shadow-training for domestic judges in the long term. This chapter outlines the practice of sharing judges in the region and describes how foreign judges serve on domestic courts in Bahrain, Kuwait, Qatar and the United Arab Emirates, in law and practice. Using the lens of political economy, the analysis highlights two trends in the region. The first is the recruitment of foreign judges to fill skills and knowledge-based gaps among domestic judiciaries. The second is the high degree of executive control over the movement of judges, in both sending and receiving states, with implications for the separation of powers, judicial independence and executive accountability.