Criterion for Differentiating the Principle of Equality of Citizens before Courts and the Principle of Equality of Arms in Action

This article addresses the issue of conflicting the principle of equality of citizens before the courts and the principle of equality of arms in action, using enforcement proceedings as an example. This confusion may arise from the inability to support these principles with constitutional backing, given that enforcement proceedings are not stages of legal proceedings. Conversely, the independence of these principles is confirmed by the doctrine and legislation of procedural branches of law, where they are recognized as distinct. In this context, this article seeks to identify general criteria for differentiating between the principle of equality of citizens before courts and the principle of equality of arms in action. This article concludes with two criteria: the specific characteristics of equal parties that do not relate to advantages or discrimination in their legal status and the procedural status of parties compared within each principle.