فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
In a bold and wise move that marks a historical precedent in Morocco’s judicial landscape, the Constitutional Court has issued a significant ruling, invalidating several articles of Draft Law No. 23.02 concerning civil procedure. The decision comes after the bill was referred to the court by the President of the House of Representatives.
This ruling is a clear victory for legal arguments and the legitimate positions expressed by lawyers and human rights activists, who had warned against the dangers of undermining judicial independence, marginalizing the rights of the defense, and overlooking constitutional guarantees regarding notification, justification, and remote attendance.
Among the most prominent articles that were struck down are:
- Article 84: For promoting notification based on doubt and conjecture instead of certainty.
- Article 90: For lacking sufficient guarantees in remote sessions.
- Articles 107 and 364: For their unjustified prohibition of commenting on the conclusions of the Royal Commissioner.
- Article 339: For violating the principle that every judicial decision must be justified.
- Articles 408 and 410: For granting the Minister of Justice powers that could affect the independence of the judiciary.
- Articles 624 and 628: For giving the management of the judicial information system to the Ministry of Justice instead of the judicial authority.
- Article 288: Due to an error in referral that affects the clarity of the legal texts.
The Constitutional Court’s decision today is not merely a legal review; it is an affirmation that the Constitution is not a static text but a living reference that protects rights and balances powers, all while listening to the pulse of legal and public opinion.
