Speaking on this occasion, Khadija Benjelloun, Head of Pole within the CSPJ, noted that the world is today experiencing radical changes, particularly in the economic field, generating new practices that challenge the traditional fields of commercial transactions and impose new conditions of competition, in particular integration into large economic blocs to guarantee a position in international trade.
These changes place the Moroccan economy, with all its components, facing enormous challenges, especially since the Kingdom has engaged in economic partnerships with many countries with advanced economies and seeks to ensure a stimulating business environment capable of advancing the national economy and including it in these economies, added Ms. Benjelloun.
During this conference, chaired by Amale Lamnii, head of the Training and Cooperation Unit within the CSPJ, the speaker specified that this reality requires the judiciary, as one of the essential tools for improving the business climate, to improve its performance and increase its efficiency in order to meet the needs of the economy.
Financial and economic incentives and legislative measures alone are not enough to attract investment, she insisted, stressing in this regard the need to establish an effective justice system allowing investors to develop their economic project in a secure environment subject to the rule of law.
In this sense, she considered that the development of the courts has become an urgent necessity and a priority for the action of the CSPJ, as illustrated by the Council’s Strategic Plan (2021-2026), which draws its references from the Royal Speeches and the Constitution of the Kingdom, in particular its article 120, the relevant legislative texts, as well as the recommendations of the reform of the judicial system and the report on the new development model.
For his part, the president of the Commercial Chamber at the Court of Cassation, Es-Said Saâdaoui, indicated that countries compete through public policies to attract investment, by creating a favorable environment.
Like other countries, the Kingdom seeks to attract investment, whether national or foreign, by creating a favorable legislative and institutional environment, particularly through commercial courts as jurisdictions specialized in the settlement of commercial disputes, he further explained.
He added that the Court of Cassation continues to work to create an environment favorable to the development of national and foreign investment, through decisions aimed at unifying jurisprudence and applying the law correctly and fairly.
As for the first president of the Marrakech Commercial Court of Appeal, Mohamed Saber, he emphasized the radical change that Morocco experienced with the adoption of the Investment Charter in 1995, before being repealed following the promulgation of framework law No. 03-22 forming the investment charter, followed by the adoption of the Commercial Code, the laws on companies and industrial property, and the law establishing commercial courts.
Speaking on the role of social justice in protecting workers and supporting businesses, the President of the Social Chamber at the Court of Cassation, Malika Benzahir, stressed that guaranteeing legal and judicial security and establishing an investment environment requires a legal arsenal defining the rights and obligations of the parties, in order to establish a contractual balance between the employer and the employee.
In this sense, she clarified that the Social Chamber contributes through its preliminary decisions to achieving this balance, and to dealing with the exceptional circumstances that the employment relationship between the employee and the employer is experiencing, with the aim of guaranteeing the stability of transactions in general.
2024-09-12 20:48:58