The evaluation of laws, an essential instrument for consolidating democracy and human rights (Parliamentary Seminar)

by times news cr

2024-04-18 01:52:04

Speaking at this seminar on the evaluation of laws, organized by the Moroccan Parliament, the Parliamentary Assembly of the Council of Europe (PACE) and the European Commission for Democracy through Law (Venice Commission), the President of the temporary thematic working group responsible for evaluating the conditions for implementing the law relating to the fight against violence against women, Khadija Oulbacha, noted that this is an essential mechanism to strengthen the role of Parliament in terms of developing effective legislation adapted to the needs of society, achieving sustainable development and consolidating democracy.

Recalling that the Moroccan Parliament has created a thematic working group responsible for evaluating laws and a temporary thematic working group responsible for evaluating the conditions for implementing Law No. 103.13 relating to the fight against violence made to women, Ms. Oulbacha highlighted the legislative institution’s commitment to supporting the democratic process and improving legislation relating to issues of high importance such as the fight against violence against women.

This is an important step to strengthen women’s rights, achieve gender equality and combat gender-based discrimination, she added.

For his part, Abid Badil, member of the House of Advisors and member of the Moroccan delegation to the PACE, considered that the evaluation of laws, particularly after their entry into force, allows more effective monitoring of their implementation. implemented by both Houses of Parliament, the objective being to give effect to the constitutional principle according to which “the law is the supreme expression of the will of the nation”.

According to Mr. Badil, the evaluation of laws is a broad area of ​​research which includes the evaluation of the expected effects of bills (upstream) and the evaluation of the results of their implementation (downstream).

Among the measures put in place by the Chamber of Advisors to strengthen this mechanism, the parliamentarian mentioned the creation of commissions responsible for exploratory investigations into the conditions of application of legal texts, the treatment of delays in terms of publication and implementation of implementing decrees and strengthening post-evaluation through the evaluation of the legal framework of public policies.

Regarding the challenges linked to the post-evaluation of laws, Mr. Badil noted the absence of a clear legal framework for the application of the parliamentary post-evaluation procedure as well as a poor mastery of methodological tools.

Speaking at this seminar, Bertrand Mathieu, professor emeritus at the University of Paris 1 Panthéon-Sorbonne and member of the Venice Commission of the Council of Europe, highlighted the importance of legal certainty as a foundation of Right wing state.

Legal certainty involves respecting, when drafting legal texts, a certain number of requirements, in particular clarity and precision to remove any ambiguity and the consistent use of legal terms and expressions, explained Ms. . Matthew.

“Taking out of the law what is not normative undoubtedly leads to improving the quality of the law,” he argued, adding that the accessibility and predictability of the norm are also important to protect individuals and respect the principle of separation of powers.

Highlighting the “privileged links” that Morocco and France maintain, particularly on the academic and human levels, the academic noted that this seminar will allow a good understanding of international standards and a sharing of experiences in terms of evaluation of laws.

This two-day seminar is attended by parliamentarians and administrative officials from the House of Representatives and the House of Councilors, experts, academics and representatives of the Venice Commission, PACE and the European Union in Morocco.

2024-04-18 01:52:04

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