The Execution of Administrative Decisions in Morocco
Participation of the UIHJ on 23 April 2015 in Rabat in a roundtable on the execution of administrative decisions in Morocco as part of the Joint Programme between the European Union and the Council of Europe "Towards Strengthened Democratic Governance in the Southern Mediterranean"
From L. to R.: Clementina Barbaro, Head of the cooperation programme with Morocco at the CEPEJ secretariat, Abderrafi Erouihane, Director of Human Resources of the Ministry of Justice and Liberties of Morocco, Mohamed Kasri, member of the Constitutional Council of Morocco, Mustapha Simou, President of the Administrative Court of Rabat
The European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ) organised in the framework of this programme a four-day visit to Morocco from 21 to 24 April 2015. The visit had four objectives:
- Meeting with the Ministry of Justice and Liberties of Morocco and visits to the Administrative Court of Rabat and the Court of Appeal of Rabat;
- Awareness for heads of courts of the new referent courts and public prosecutors;
- Roundtable on the execution of administrative decisions;
- Visit of the Commercial Court of Casablanca.
The CEPEJ delegation included Clementina Barbaro, Head of the cooperation programme with Morocco at the CEPEJ secretariat, Jacques Bühler, President of the CEPEJ Saturn Group, Joao de Oliveira, member of the CEPEJ Quality Group (CEPEJ-GT-QUAL), Mireille Heers, President of the Administrative Court of Rouen (France), Mathieu Chardon, 1st Secretary of the UIHJ, Felicie Diard-Detoeuf, administrative assistant, and Halima El-Jundi, consultant.
On the Moroccan side, the round table of 23 April 2015 was attended by:
- The Ministry of Justice and Freedoms;
- The heads and chief clerks of the Administrative courts of Agadir, Casablanca, Fez, Marrakech, Meknes, Oujda and Rabat;
- The Administrative Court of Appeal;
- The Ministry of Equipment and Transport;
- The Ministry of Education;
- The Ombudsman of the Kingdom;
- The General Tax Directorate;
- The Local Government Branch;
- The Directorate General of National Security;
- The Customs Administration;
- The General Treasury of the Kingdom;
- The Bank Al Maghreb (Central Bank);
- The Judicial Agency of the Kingdom;
- The Bar Association;
- The National Order of Judicial Officers.
Abderrafi Erouihane, Director of Human Resources of the Ministry of Justice and Liberties of Morocco, thanked the participants for their presence. He said that the execution of administrative decisions is important for citizens and the economy: it is related to the image of the public service of justice and the rule of law. The roundtable will, he felt, draw benefits and lessons of expertise and best practices to improve the execution of administrative decisions.
After recalling the role of the CEPEJ, Clementina Barbaro said that the cooperation with the Kingdom of Morocco began in 2012 and has focused on several areas. Today as part of the new cooperation programme, ten referent courts have been chosen.
Mustapha Simou, President of the Administrative Court of Rabat, considered the theme as particularly relevant: “these issues are a vital link in the chain of judicial reform in Morocco and correspond to the daily concerns of our court".
Mohamed Kasri, member of the Constitutional Council of Morocco, said that the execution of administrative decisions is a constitutional principle. He added that the judges in attendance would enrich the debate and propose practical solutions on two issues:
- Execution against the administration;
- And execution in favour of the administration.
Mireille Heers presented the good practices in Europe to deal with issues relating to the execution of administrative decisions including the French experience and recommendations of the Council of Europe.
Following this presentation, a round table allowed each participant to speak in order to highlight the difficulties encountered during the execution of administrative decisions and propose solutions both in practice and in the light of possible legislative provisions.
The National Order of Judicial Officers, through the voices of its President, Redouane Benhamou, and of its Vice-President, Abdelaziz Fouganni, has been particularly active in the discussions.
Hicham Riyani, judge attached to the Department of Civil Affairs of the Ministry of Justice and Freedoms, said he was particularly pleased with the discussions and proposals. He concluded that the roundtable had helped developing a list of issues to be considered in the context of the judicial reform currently underway in Morocco.
Mustapha Simou closed the roundtable. He thanked the participants and the CEPEJ for their efforts to support the process of judicial reform in Morocco. Clementina Barbara, in turn, thanked the participants and experts as well as the European Union for its support in organising this meeting.
The next day, the CEPEJ delegation was received at the Commercial Court of Casablanca during a working meeting where the activities and the functioning of the court were fully and accurately presented.