In Morocco, the government is a constitutional, democratic, parliamentary, and social monarchy. Moroccan independence came in 1956, forty-four years after it had been ruled by France as a protectorate.
Morocco’s law has been influenced by French Civil Law, as well as a mix of Muslim and Jewish traditions, since independence. Laws and legal systems in Morocco have also been shaped by Morocco’s Constitution. Following the ‘Arab Spring,’ the most current constitutional changes took occurred. Moroccans designed and accepted a new constitution in July 2011 after this upheaval.
Having a king who has been in power for more than three centuries makes the political and constitutional situation in Morocco unique.
Moroccans speak a wide variety of languages. Modern Standard Arabic and Amazigh are the two official languages of the country (Berber). Morocco’s official language is Darija, a dialect of Moroccan Arabic. Arabic in its Classical and Modern Standard Forms and French, which many Moroccans use as a second language, are the official languages of Morocco.
The Prime Minister and his cabinet serve as the governing body’s legislative and executive branches. The head of government and ministers sit on the Council of Ministers, which is presided over by the monarch. The monarch and parliament hold the government to account.
Traditionally, the monarch has chosen ahead of government from within the political party that is expected to do well in the next elections for members of the House of Representatives. Government employees may now be appointed by the prime minister and parliament can be dissolved at his or her discretion under the country’s new constitution, adopted in 2011. Immediately after the Prime Minister’s selection of cabinet members, he presents a program (concerning national activities, namely in the areas of economics, social welfare, culture, and foreign policy) to each chamber of parliament. The House of Representatives must vote on the program.
The government is responsible for ensuring that laws are carried out, and the prime minister is in charge of this. The government has full control over all public infrastructure. Chambers of Representatives and Counselors make up the parliamentary body. All citizens are entitled to vote for the five-year term of the members of the House of Representatives. Indirect universal suffrage is used to elect the members of the House of Counselors’ Chamber for terms of six years.
However, members of parliament may only be detained in circumstances where they are being accused of violating the king’s rights or the monarchy’s monarchical system of government or religion.
MOROCCAN COURT SYSTEM
Moroccan law states that “the judicial authority is autonomous from the legislative and executive powers” under Article 82 of the constitution. The king is the guardian of the judicial power’s independence. The Decree-Law of 15 July 1974 on the structure of the courts in Morocco, as amended and modified, governs Moroccan courts. In the Judiciary, there are three main sorts of courts, namely [A.] the courts that have the power to rule on a wide range [B.] courts of special jurisdiction and [C.] the Supreme Court for the last say on any appeals.
General Courts of Jurisdiction were created in 1974 in order to make the legal system more user-friendly. As part of the judiciary, judges are either career members or elected by a local political body. Two elected advisors help elected judges. Minor criminal offenses and civil disputes involving less than USD 110 are handled by these courts. Each of the sixty-eight courts has authority over civil, social, and economic problems as well as personal sagas, as well as real estate proceedings.
Petty offenses and misdemeanors, as well as crimes punishable by more than a month in jail and more than twelve hundred dirhams in fines, are heard in these courts. For social law cases, single judges’ jurisdiction has been revived. Ex parte orders may be issued by the presiding judge of the first-instance court in summary and urgent proceedings as per Morocco Process Service rules. An investigating judge, who has the authority to incarcerate a defendant before trial, looks into serious crimes. Appeals from lower courts are heard by the country’s twenty-one courts of appeal. Courts of appeal have criminal divisions that handle offenses punished by death, imprisonment, or detention for a short period of time. Five judges sit in the criminal division. This contains a misdemeanor section that handles appeals from lower courts, as well as orders made by the investigatory judge.
A statute passed in 1991 set up seven new administrative tribunals. It is usually accepted that administrative courts are respected. There are proposals to set such administrative appeals courts in the future. Right now, cases are being appealed to the Supreme Court’s administrative division. An independent audit court system is in place at the national and regional levels. In 1997, there were eight commercial courts and three commercial appeals courts. If the sum in dispute exceeds twenty thousand Dirhams, these courts will handle business disputes involving commercial contracts, commercial paper, or commercial items. Courts of commerce keep an eye on a commercial registration that is divided between local registries under the jurisdiction of individual courts and a central registry under the control of the Ministry of Commerce.
The Supreme Court of Appeal in Morocco is the country’s highest court of appeal. Specialized divisions are subdivided into parts of the court. Cases are heard by a group of justices consisting of at least five members. The court may convene an en banc session for significant matters. The Supreme Court is a court of cassation, which means it solely considers appeals based on the law. Cases are sent back to the appellate court for further consideration of both fact and law once petitioning is granted and decided on.
First-instance court appeals and appeals from presidents of those courts are handled by the appellate courts, which include a president, judges, prosecutors, and the clerk of the court as members. They also assess offenses in their first instance chambers and hear appeals from investigating judges and others
how to serve DOMESTIC LEGAL PAPERS IN MOROCCO
The legal notice is sent to the other party (such as a defendant), court, or administrative body in order to exercise jurisdiction over that person in order to allow that person to reply to a proceeding before a court, body, or other tribunals. Serving these papers is also known as “service of process.” By presenting a collection of court papers (known as ” Morocco Process Service rules “) to the person being served, a process server completes the Morocco Process Service rules.
The Hague Service Convention, a multilateral pact signed on November 15, 1965, in The Hague, the Netherlands by member nations of the Hague Conference on Private International Law, mandates the use of Moroccan process servers in civil and commercial disputes. An effective and trustworthy method of serving papers on parties in other countries was the reason for its creation. Service of process in civil and commercial cases is covered by the convention’s rules, but criminal cases are not. If the person on whose behalf the document is being served cannot be located, then the Convention does not apply.
Either by a method prescribed by its internal law for Morocco Process Service rules of documents in domestic actions on persons who are within its territory or, alternatively, at the request of the applicant, the Central Authority of the State addressed serves the document or arranges for it to be served by an appropriate agency.
As long as the recipient of the document freely accepts it, the document may be served in accordance with Morocco Process Service rules. Morocco’s official language or one of its official languages is required if the document is to be served within the Central Authority’s jurisdiction.
HAGUE SERVICE CONVENTION IN MOROCCO
The Hague Service Convention made it easier for parties to serve each other in other contracting nations by establishing a simpler process. Each contracting state is obliged under the convention to appoint a central authority to receive incoming Morocco Process Service rules requests. An official of the judiciary who is qualified to serve process in the state where the Morocco Process Service rules are to be made is entitled to transmit a request directly to the state’s central authority. Requests for service in the receiving state are handled by the receiving state’s centralized authority, generally via a local court. A certificate of Morocco Process Service rules is sent to the court official who requested it after the Morocco Process Service rules have been completed.
Foreign diplomats, consular officers, judges, and other authorities may all serve papers under the Hague Convention in a variety of ways. Depending on the member country, these rules may or may not be authorized as a proper method of serving papers on their territory under Articles 8 to 10. Using the Central Agency (Article 5) as a means of serving papers is mandatory and cannot be changed. The services provided by the Central Agency might take anything from four to twelve months to complete. Even after six months, if the Central Agency has not issued a certificate of service or delivery, the convention provides redress to the claimants. As long as a fair amount of time has passed, the Court may rule on the matter. A temporary order or protective measure may also be issued by the court prior to the six-month waiting period in the event of an urgent need for action.
Central Authority of the Contracting Party in which service is to be performed receives a request for service from an authority or judicial officer competent in one Contracting Party (Art. 5). The request must adhere to the Convention’s Model Form. The Central Authority of the requesting Contracting Party will then serve or arrange for the service of the document by a competent authority in accordance with the legislation of the country in which it is being sought (Art. 5). A method or process may be requested by the applicant (i.e. the sending authority of the requesting Contracting Party), as long as it is not in conflict with the legislation of the requested Contracting Party. If service was not completed, an explanation for why is required to be included in the certificate that is appended to the Convention (Art. 6)
A state may only use this type of service, known as service by mail, if it has not objected to it under Article 10(a) of the convention and if the jurisdiction where the action is being heard permits it under the existing legislation.
On 27 November 2015, Morocco deposited its instrument of accession to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Apostille Convention”). Following the usual procedural steps, the Convention will enter into force for Morocco on 14 August 2016, making it the 110th Contracting State to the Convention.
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“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A
1. He may initiate laws, exercise administrative responsibilities, and transfer part of his duties to his ministers. The prime minister is in charge of coordinating the work of his or her cabinet members.
Legislative authority is vested in the legislative branch of the government. It casts votes on proposed legislation, monitors the government’s activities, and assesses the effectiveness of the public policy.
2. The opening sessions of parliament, which convene twice a year, are presided over by the monarch. Second Thursdays in October and April mark the beginning of the first and second sessions, respectively.
3. There is an entire title in the Constitution allocated to them because of their significance in the judiciary’s institutional framework.
4. They want to make sure that everyone who does business is registered.
5. Decisions by regulatory or administrative tribunals, the prime minister, or other administrative bodies that affect more than one administrative court’s authority are also reviewed by the Supreme Court of Appeal. A little over 40,000 cases are heard by the Supreme Court each year.
6. National Organ
Ministère de la Justice
Direction des Affaires Civiles
Service de l’Entraide Judiciaire en Matière Civile
Palais de la Mamounia
numéro de téléphone/telephone number: +212 (0) 537 213 675
numéro de télécopie/fax number: +212 (0) 537 705 914
Personnes à contacter / Persons to contact:
M. Bensalem OUDIJA
Directeur des Affaires Civiles
firstname.lastname@example.orgM. Abdelali BOUHMALA
Chef de Service
The purpose of National Organs is the communication between the Members and the HCCH’s Permanent Bureau (Secretariat). They are not intended for communications with the public.
Questions concerning a specific Convention may be directed to a Central or Competent Authority designated by a State for a particular Convention. The details of those authorities are available on the webpage relating to the specific Convention. If legal advice is required, assistance from a qualified lawyer may be necessary.
The Permanent Bureau does not respond to legal queries from private persons or legal practitioners concerning the operation of the various Hague Conventions.
7. At the ceremony, which took place at the Ministry of Foreign Affairs of the Netherlands (i.e. the Depositary), H.E. Mr. Abdelouahab Bellouki, Ambassador of Morocco, and Counsellor and Deputy Head of Mission Mr. Abdelkader Abidine represented the Embassy of Morocco. On behalf of the Depositary, Head of the Treaties Division Mr. Joseph Damoiseaux, and Legal Officer Mr. Mark Groen also attended the ceremony. Secretary-General Mr. Christophe Bernasconi and Principal Legal Officer Ms. Mayela Celis represented the Permanent Bureau of the Hague Conference on Private International Law (HCCH).
Pursuant to Article 12 of the Apostille Convention the Depositary shall give notice to the Contracting States of the accession of Morocco.