2023-04-18 19:30:10
Lawyers fear surprises in the draft laws put forward by the Ministry of Justice, despite the existence of coordination between the Bar Associations Association and government authorities regarding the projects that the Minister of Justice, Abdel Latif Wehbe, intends to implement in the context of his plan to adopt broad reforms in the justice system.
The source of this fear is a seemingly small detail in the draft law of the Higher Judicial Institute, which the government approved last week.
In Article 9, which deals with the composition of the Board of Directors of the Higher Institute for the Judiciary, lawyers noted that the only fundamental change to this board was the removal of lawyers’ representation from it. In the previous law, they were represented by a bar association on the board of directors of this institute. Now, with the expansion of the representation of judicial bodies in this council, lawyers no longer have a foothold in it.
Omar Benjelloun, a lawyer, a member of the office of the Association of Bar Associations in Morocco, and a member of the Council of Bar Associations in Rabat, says, “This is another step in removing and reducing the role of the legal profession within the judicial system, in which defense is considered a fundamental pillar, as we have seen in the rest of the legal and procedural arsenal since taking office.” This government has its constitutional responsibility.”
Benjelloun points out that these operations “contradict the principle of participatory law, which is framed by law and which requires the government to involve the relevant sectors in draft laws.”
However, this lawyer points out that “what matters to lawyers is the Higher Institute of Law, which must be run by bodies, compatible with international law and funded by the state.”
The Ministry of Justice has not yet released its draft legal profession law, but copies of some drafts are causing some controversy.
On Monday, in the House of Representatives, the Minister of Justice denied that his draft law on lawyers set a 35-year ceiling for access to this profession, as suggested by a lawyer in the Rabat Commission. “The draft I have includes a 45-year clause.” However, he revealed that it is the Association of Bar Associations in Morocco that wants to limit access to the profession in 35 years.
Lawyer Benjelloun replies by saying that what he knows “through my assignment of professional responsibilities, is that the format of the green volumes or the digital format that carries the draft laws of the Ministry of Justice is what was proposed for 35 years, except if there are behind-the-scenes hidden from the lawyers.”
Despite the Minister of Justice’s pledges to implement a participatory approach with lawyers regarding draft laws related to reforming justice systems, suspicion invades lawyers.
Benjelloun explains, “There is an abundance of issuance of drafts by the partner ministry in all areas that target the legal profession, including the civil and criminal procedure law, the profession law, criminal law, alternative penalties, the bar institute and a tax on lawyers.” However, he notes that all of this is happening “within a framework of political communication that is alien to lawyers and Moroccans in general… We have not seen any progress from it so far at the level of the legislative process, except in the field of collection.”
And he adds: “In the absence of a participatory discussion between the constitutional, civil and professional frameworks, it is more likely, and even more likely from the legislative, administrative and judicial efficiency, that the profession law – as a constitution for lawyers and defense – will remain as it is in its current form until we answer, beforehand, the question of balancing with other actors in justice.” “.
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