Minister Ouahbi Says Civil Procedure Bill to Enhance Access to Swift, Fair Justice

20 December 2023 Printable Version

Rabat - Justice Minister Abdellatif Ouahbi on Tuesday announced that Bill 02.23, focusing on civil procedure, is aligned with international legal advancements, with the primary goal of facilitating efficient and equitable access to justice within the shortest possible time.

Presenting the bill before the Justice, Legislation, and Human Rights Committee at the House of Representatives on Tuesday, Minister Ouahbi highlighted the inclusion of numerous legislative innovations and fundamental amendments. These form part of a new complementary and integrated law.

Ouahbi explained that the proposed legislation reflects the royal commitment expressed by HM King Mohammed VI in His speech on August 20, 2009. In that address, the Sovereign called for the enhancement of judicial efficiency by addressing deficiencies, delays, and complexities that hinder the judicial system, causing harm to litigants.

HM the King had, then, underscored the need to simplify procedures, ensure transparency, improve the quality of judgments and judicial services, and facilitate litigants' access to various courts in the country. Additionally, the Sovereign had emphasized the importance of expeditious case processing and prompt execution of judicial decisions, Minister Ouahbi reiterated.

Reviewing the novelties introduced by the bill, including the pronouncement of judgments and their execution within reasonable time-frames, the Justice Minister noted that the proposed law amends 440 chapters and adds 145 new articles.

Regarding the implementation of digitization in judicial procedures, Ouahbi stated that the bill encompasses legislative measures to enable electronic communication with various jurisdictions in the Kingdom. The legislation envisions the establishment of a platform for remote justice, along with the adoption of electronic professional accounts for communication with courts. It also includes the digitization of decision notifications and their execution.

The minister emphasized that the bill introduces a new provision promoting the principle of specialization to enhance the efficiency of court operations. This involves the creation of specialized services within the courts of first instance and appellate courts.

Furthermore, Minister Ouahbi highlighted that the new legislation regulates the conciliation procedure before the court of first instance. The court is granted the authority to propose conciliation to the parties and assign its execution to qualified entities, including lawyers and social workers.

The bill also addresses the mediation procedure, encouraging involved parties to engage in mediation while establishing a reasonable timeframe for announcing its results, the minister added.