2003年-世界发展银行全球_Morocco___Legal_and_Judicial_Sector_Assessment_73页_1mb

Morocco Legal and Judicial Sector Assessment Summary

Core Content

This document presents a comprehensive assessment of the legal and judicial sector in Morocco, conducted in June 2003. It outlines the current state of the legal framework, judicial system, legal education, professional training, and the challenges facing the sector. The assessment also includes recommendations for reform and improvement.

Main Points

1. Country Overview

• Morocco is a constitutional monarchy with a population of 30 million.
• It has a developing economy with a market-based approach, but growth is slow and unemployment is high, especially among youth.
• There have been improvements in education and health, but the legal and judicial system remains underdeveloped.

2. Legal and Judicial Reform

• The Ministry of Justice plays a central role in legal and judicial reform.
• The King has emphasized the rule of law as a key priority for governance.
• The reform program includes modernization of the justice system, rationalization of case management, simplification of procedures, and increased use of information technology.
• A Council for Judicial Reform has been established, but its role and support are still unclear.

3. Legal Framework

• Morocco has civil, criminal, and commercial codes, along with corresponding procedural codes.
• The Civil Procedure Code is being updated, and a law on electronic signatures is expected.
• The Criminal Procedure Code has undergone major reforms, including the reintroduction of investigating judges and juvenile courts.
• The Code of Personal Status was revised in 1993 to improve the legal status of women, though polygamy remains unaddressed.
• International conventions are incorporated into domestic law, such as the 1996 Agreement on Abducted Children.

4. Judicial System

• The judicial system is independent from the legislative and executive branches.
• There are general, specialized, and special courts, including commercial and administrative courts.
• The Supreme Court's decisions are de facto binding, but their dissemination is limited.
• The High Council for the Judiciary oversees judicial careers and discipline, but it is seen as rigid and ineffective in managing rising caseloads.

5. Legal Education and Training

• Legal education is primarily offered through 14 public universities, with two streams: Arabic and French.
• The curriculum is outdated, dating back to the 1960s, and does not meet the needs of the economy.
• Only about 60% of students complete their LL.B studies.
• Legal professionals are trained through the Institut National des Etudes Judiciaires (I.N.E.J.), but the system lacks standardization and oversight.

6. Legal Professions

• Lawyers, notaries, bailiffs, and experts must pass professional exams and complete internships.
• Training for these professions is minimal and poorly supervised.
• The legal profession is dominated by litigation, with limited focus on alternative dispute resolution (ADR).

7. Court Administration and Enforcement

• The court system is complex and includes over 1,109 courts.
• There is a need to rationalize and simplify the judicial map.
• Enforcement is a major challenge due to unclear roles, outdated procedures, and corruption.
• Court managers have limited autonomy to improve performance.

8. Legal Aid and Access to Justice

• Legal aid is embryonic and limited to criminal matters.
• Public access to legal information is poor.
• Alternative dispute resolution (ADR) is being promoted, particularly commercial arbitration.

9. Institutional and Budgetary Challenges

• The budget for the legal and judicial sector is small, limiting reform efforts.
• Donor contributions are often offset by government budget cuts.
• Judicial salaries are low, and the judiciary relies on Ministry-managed benefits.
• There is no established donor coordination mechanism.

Key Information

Legal and Judicial Sector Status

• Legal Framework: The legal system is based on civil and Islamic law, with a dual structure.
• Judicial Independence: Judicial independence is constitutionally guaranteed, but institutional rigidity and lack of accountability hinder its effectiveness.
• Enforcement Issues: Enforcement is a critical problem, affecting the credibility and efficiency of the justice system.
• Technology: The Ministry of Justice has initiated a computerization program with donor support, but expansion and maintenance are needed.

Education and Training

• Legal Education: Offered through 14 public universities, with a split between Arabic and French.
• Curriculum: Outdated and not aligned with modern legal needs.
• Training: Limited and inconsistent, with no standard monitoring or supervision.

Reform Priorities

• Modernization of the Justice System: Including the use of information technology and ADR.
• Rationalization of the Judicial Map: Simplifying and streamlining the court system.
• Capacity Building: Enhancing the skills and knowledge of legal professionals and the judiciary.
• Legal Information Dissemination: Improving access to legal documents and case law.
• Infrastructure and Equipment: Upgrading court facilities and technology.

Recommendations

Legal Sector

• Maintain the current pace of legislative modernization.
• Enhance research and support to meet the actual needs of Moroccan society.
• Disseminate decisions of superior courts to ensure consistency and transparency.

Judicial Sector

• Reform the training of the judiciary to produce high-quality professionals.
• Expand in-service training for judges and court administration staff.
• Strengthen oversight mechanisms to ensure accountability and independence.

Legal Education

• Redesign the legal education curriculum to include practical skills and specialized training.
• Integrate courses tailored to the needs of different legal professions (notary, bailiff, lawyer, judge).
• Develop and maintain a legal toolkit for judges, including updated legal codes and documents.

Legal Professions

• Review and standardize the training curricula for legal professionals.
• Implement examination procedures to ensure quality.
• Strengthen supervision and disciplinary oversight by professional bodies.

Court Administration

• Expand computerization across the entire court system.
• Ensure regular upgrades and maintenance of IT systems.
• Improve legal information dissemination and access.

Enforcement

• Address enforcement challenges through improved procedures, supervision, and anti-corruption measures.
• Clarify the roles and competencies of enforcement personnel.

Funding and Coordination

• Increase the budget for the legal and judicial sector.
• Establish a donor coordination mechanism to avoid overlap and ensure effective implementation of reforms.

Conclusion

Morocco's legal and judicial sector is undergoing significant reform, driven by the government and supported by international donors. However, challenges remain in areas such as legal education, judicial training, enforcement, and resource allocation. A holistic and long-term approach is necessary to ensure sustainable reform and improve access to justice for all citizens.