NATIONAL JUDICIAL SYSTEMS

The Member State judicial systems are very diverse, reflecting differences in national judicial traditions.

Judicial Systems In Member States – Morocco

This section provides you with an overview of the national judiciary system and court system in Morocco.

Organisation of justice – judicial systems

Morocco’s constitution under Article 82 proclaims that “the judicial authority is independent from the legislative power and the executive power”. The king is the guarantor of the independence of the judicial power. Courts in Morocco are regulated by the Decree-Law of 15 July 1974 on the organization of the courts as amended and modified.

The Judiciary is divided into three principle types of courts which are:

  • General jurisdiction courts

  • Specialized jurisdiction courts

  • Special courts

Pursuant to the provisions of Article 107 of the Constitution, the judicial power is independent of the legislative power and of the executive power. The King is the guarantor of the independence of the judicial power.

Judicial Authority
Judicial authority is exercised by magistrates who effectively exercise their judicial duties in the courts covered by the judicial organization of the Kingdom.

  •  Pursuant to the provisions of Article 56 of the Constitution, the King presides over the Superior Council of the Judicial Power.

  • Pursuant to the provisions of the first paragraph of Article 113 of the Constitution, the Council ensures the application of the guarantees granted to magistrates. To this end, the Council ensures the management of their career, according to the principles of equality of opportunity, merit, competence, transparency, impartiality and the quest for parity and as per the criteria provided for by this Regulatory Law and the conditions set by the Regulatory Law on the status of magistrates.

  •  All decisions relating to the career of magistrates rendered by the Council or its Deputy Chairman must be reasoned.

  •  The judiciary corps in the Kingdom is made up of a single corps comprising the judges and public prosecutors appointed by the courts of first instance, the courts of appeal and the court of cassation.

    The judicial posts to which magistrates are appointed are set as follows:

  •  Judge at a court of the first instance;

  • Deputy public prosecutor at a court of the first instance;

  • Counsel at a court of appeal;

  • Deputy Attorney General of the King at a court of appeal;

  • Advisor of the Court of Cassation;

  • Advocate General at the Court of Cassation.

    The functions of judicial responsibility are set as follows:

  • President of a court of first instance;

  • King’s prosecutor at a court of first instance;

  • First president of a court of appeal;

  • Attorney General of the King at a Court of Appeal;

  • First president of the Court of Cassation;

  • Attorney General of the King at the Court of Cassation;

  • Vice-first president of the Court of Cassation;

  • President of the First Chamber at the Court of Cassation and the other chamber presidents in the said court;

  • First Advocate General at the Court of Cassation.

    The judicial organization

    The Judicial organization includes the following ordinary courts: courts of first instance, administrative tribunals, commercial courts, courts of appeal, administrative courts of appeal, commercial courts of appeal, Court of Cassation, which was the former Supreme Council. The seat, jurisdiction and staff of these jurisdictions are determined by a decree.

Pursuant to the provisions of the second paragraph of article 109 of the Constitution, any magistrate who considers that his independence is threatened, must refer the matter to the Council by means of a report which he submits directly to the General Secretariat of the Council or which he submits thereto by any means available.

Legal Database

The website of the Ministry of Justice http://www.justice.gov.ma/

Last Updated March 12, 2021