National Justice Union Warns of the Danger of Delegating Court Clerk Duties to Judicial Commissioners

Casablanca, October 1, 2024 – The National Office of the National Justice Union, affiliated with the Democratic Confederation of Labor, has issued an open letter to the Prime Minister of Morocco, warning of the risks of delegating some of the duties of the court clerk body to private entities.

The letter states that the union was not presented with the final version of the draft statute for the Judicial Commissioners body to provide its opinion, despite the fact that this project includes the delegation of a group of original tasks from the court clerk body to the Judicial Commissioners body.

The union affirmed that the duties of court clerks are of a judicial nature and have been protected by the Constitutional Court’s decision No. 19/89. Therefore, the union considers that the provisions in the draft statute for Judicial Commissioners violate the aforementioned Constitutional Court decision and seriously compromise the independence of the judiciary.

The union warned that privatizing court clerk duties would have a negative impact on vulnerable groups in society, as it would undermine a constitutional right, namely the free and equal access to justice. This would establish a class-based litigation system and undermine the foundations of fair trials.

This warning comes two days before the government council meeting scheduled for Thursday, October 3, 2024, which will discuss the draft statute for the Judicial Commissioners body.

The National Justice Union calls on the government to reconsider this project and ensure the independence of the judiciary and protect citizens’ rights to fair and free access to justice.

About محمد الفاسي