Structural Analysis of Protracted Litigation in Iran and Its Comparison with the Judicial Systems of France and Germany: A Comparative Analysis of Intra-Organizational Factors and Proposal of a Multi-Level Reform Framework

Rohbakhsh Ezhari, Reza; Yousofi, Hasan

doi:10.22034/jlvi.2026.2061408.1380

Structural Analysis of Protracted Litigation in Iran and Its Comparison with the Judicial Systems of France and Germany: A Comparative Analysis of Intra-Organizational Factors and Proposal of a Multi-Level Reform Framework

Articles in Press

Document Type : p

Authors

Reza Rohbakhsh ezhari ¹

hasan yousofi ²

¹ PhD Student in Private Law, Ferdowsi University of Mashhad

² PhD in Criminal Law and Criminology, Ferdowsi University of Mashhad

10.22034/jlvi.2026.2061408.1380

Abstract

Abstract

Judicial delay constitutes one of the most persistent and structural challenges of Iran’s judicial system. Beyond mere temporal procrastination in adjudication, it reflects deep-seated institutional, managerial, and intra-organizational deficiencies within judicial proceedings. This study aims to identify and analyze the structural factors contributing to judicial delays in Iran and to propose reformative solutions grounded in comparative experiences. Employing a descriptive–analytical methodology and a comparative approach, the research examines domestic judicial rules and practices alongside the judicial systems of France and Germany as successful models in caseflow and time management.

The findings indicate that factors such as deficiencies in case allocation mechanisms, inefficiencies in expert examination procedures, lack of effective supervision over adjudication timelines, poor coordination in the execution of judicial commissions, and administrative and archival disorder play a decisive role in the persistence of judicial delays in Iran. Comparative analysis demonstrates that instruments such as process digitalization, judicial specialization, performance-based evaluation of judicial branches, and the establishment of independent oversight institutions have been effective in mitigating judicial delays. The primary contribution of this article lies in proposing a multi-layered reform framework operating at legislative, institutional, and managerial levels. This framework, while attentive to Iran’s legal and executive particularities, offers practical applicability for judicial policymaking and for enhancing the efficiency and effectiveness of adjudicative practices.

Keywords

Protracted legal proceedings

structural reform

Iranian judicial system

comparative analysis

judicial efficiency

Subjects