فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The Government Council, meeting on Thursday, January 8, approved Draft Law No. 66.23 on the regulation of the legal profession, a step that continues the legislative process of the text despite a wave of protests being carried out nationwide by the legal profession.
A statement issued by the ministry in charge of relations with Parliament explained that the adoption of the draft law came after its discussion within the Council, based on a presentation delivered by Abdellatif Ouahbi, stressing that “a number of the issues raised were taken into consideration.” However, this clarification failed to allay professionals’ concerns, as many believe that the text, in its current form, represents a setback to gains related to the independence of the profession and the guarantees of defense.
This approval comes amid escalating tensions, as lawyers—through the Association of Bar Associations in Morocco—continue nationwide strikes and protest actions that have led to a near-total paralysis of several courts across the Kingdom.
The Legal Profession Between Protest and Regulation
Professional bodies argue that certain provisions of the draft law undermine the independence of the legal profession and the constitutional roles of professional bodies. They also criticize what they describe as the absence of a genuine participatory approach in drafting the text, contrary to constitutional provisions calling for the involvement of relevant stakeholders in the preparation of legislation.
In this context, calls have emerged within professional and political circles for broader coordination among the various components of the defense profession. Some bodies have even discussed the possibility of forming a unified framework to confront what they consider a “unilateral approach” in managing this legislative reform.
Government Affirms the Reform Option
On the other hand, the Ministry of Justice maintains that the draft law falls within a comprehensive vision to modernize the justice system and adapt it to societal changes, considering that the reform aims to develop the profession and enhance its effectiveness without undermining the essence of the defense’s role.
With the referral of the draft law to the legislative institution, the debate is expected to move to Parliament, where the issue is likely to be widely discussed, especially given the continued broad rejection within professional circles of any text that does not guarantee the independence of professional bodies and respect the recommendations of national lawyers’ conferences.
Human Rights Call to Resume Dialogue
For its part, the Moroccan Organization for Human Rights called for the resumption of dialogue between the government—represented by the Ministry of Justice—and bar associations, in order to overcome the state of tension that has disrupted the normal functioning of the judicial service.
In a statement, the organization considered that the protest actions undertaken by lawyers fall within the constitutional right to expression and protest, while at the same time stressing the need to guarantee litigants’ right of access to justice and to protect the rights of defense, in accordance with Article 118 of the Constitution.
The human rights body also emphasized that any legislative text regulating the legal profession or related to fair trial guarantees should be prepared through a participatory approach based on dialogue and respect for pluralism, in line with Article 12 of the Constitution and with the basic principles adopted by the United Nations regarding the role of lawyers.
The organization concluded that overcoming the current situation requires responsible and transparent dialogue leading to a consensual formula that respects the independence of the profession, strengthens defense guarantees, and strikes a balance between justice reform and the protection of citizens’ fundamental rights.
Source: Fes News Media
