2024-06-12 20:32:00
The minister, who spoke on the opening of a world convention organized by his division in partnership with the European Union and the Council of Europe, on “the enchantment for unconstitutionality of legal guidelines within the Moroccan constitutional system”, indicated that the implementation of the natural regulation establishing the circumstances and modalities of this enchantment is prone to consolidate the rule of regulation and set up the position of the Constitutional Court docket on this regard.
Throughout this assembly, which noticed the participation of a bunch of attorneys, magistrates and constitutional lecturers and representatives of worldwide our bodies, Mr. Ouahbi underlined that the unanimous adoption, on January 9, 2023, by the Committee on Justice and Human Rights within the Home of Advisors of Natural Regulation No. 86.15 establishing the circumstances and modalities for bringing appeals for the unconstitutionality of a regulation testifies to the relevance of this textual content and the significance of the anticipated results of its software, to protect rights and freedoms through the totally different levels of a trial.
Emphasizing the goals and functions of this textual content of regulation, the position of the lawyer and his relationship with the Constitutional Court docket, the minister famous that the latter should have good mastery of authorized instruments, notably within the side procedural associated to appeals.
He reviewed, on this sense, the evolution of the management of the constitutionality of legal guidelines within the Kingdom for the reason that Structure of 1962, noting that this evolution reached its peak with the constitutional revision of 2011, which launched new provisions making it potential to maneuver from political management via the Constitutional Council to judicial management through the Constitutional Court docket.
And to notice that the Constitutional Court docket known as upon to supply case regulation able to consolidating the enchantment procedures and optimizing its use within the preservation of rights and freedoms, elevating that the precept of enchantment for the unconstitutionality of a regulation is of significance important insofar because it constitutes a basic assure for the safety of residents’ rights, the management of the constitutionality of legal guidelines and the achievement of constitutional justice.
For her half, the Ambassador of the European Union to Morocco, Patricia Llombart Cussac indicated that the participation of the EU within the actions of this seminar goals to complement the discussions between Moroccan and European specialists on the theme of constitutional justice. , as a part of sharing the constitutional experiences of the 61 member international locations of the Venice Fee of the Council of Europe.
In a press release to MAP, she famous that the final word goal of the enchantment for unconstitutionality is to guard the Structure and, due to this fact, to guard rights and freedoms, noting that this assembly “is a part of a stable and dependable partnership between the European Union and Morocco, and in a worldwide context which goals to safeguard universally acknowledged rights, and to strengthen the rule of regulation.
“This partnership is predicated on stable cooperation and customary values that we all the time try to advertise,” she stated.
Alongside the identical traces, Carmen Morte Gomez, head of the Council of Europe workplace in Rabat, stated that this assembly, organized in partnership with the European Union as a part of the “South program” financed collectively between the Council and the EU, goals to spotlight EU good practices on this space and share them with Morocco.
It’s also a possibility to debate the important thing experiences of Belgium, France, Italy and Egypt specifically relating to appeals for the unconstitutionality of legal guidelines, in addition to to assist the adoption course of. of Moroccan regulation on the matter, she stated.
For her half, the Director/Secretary of the European Fee for Democracy via Regulation (Venice Fee), Simona Granata-Menghini defined that the Fee, which is an advisory physique of the Council of Europe on constitutional issues, its major duties are to assist develop constitutional texts and laws, put together research and manage worldwide boards to entrench the tradition of rights and the modalities of software of the structure all through the world.
This two-day convention focuses specifically on the theme of the management of constitutionality, specializing in its theoretical and sensible framework and its position within the promotion of the rule of regulation and the safety of constitutional rights, in addition to on the issues which hinder the appliance of article 133 of the Structure and the means to beat them, along with the trade of worldwide experiences within the subject.
2024-06-12 20:32:00