Despite the entry into force of Decree no. 2.23.665 on the Kingdom’s new judicial map, published in Official Gazette No. 7260 on December 28, not all the new courts will be operational immediately.
The President of the High Judicial Council has just sent a note, dated January 19, to the presidents of all the courts, informing them of the implications of the new judicial reorganization and of the procedures for its implementation. These include the courts of first instance in Bouznika, Tahannaout, Chichaoua, El Hajeb, Erfoud, Rich, Biougra, Asssa-Zag, Boujdour, Mdiq, Demnate and Jerrada. The same applies to the commercial courts of first instance in Laâyoune, Dakhla and Beni Mellal, and the administrative courts of first instance in Laâyoune, Dakhla, Tangiers, and Beni Mellal. Other jurisdictions remain on stand-by pending the appointment of judicial officials, such as the Dakhla court of appeal, and the commercial courts of appeal in Tangiers, Agadir, and other cities.
As a result, these courts will not be able to offer their services to litigants and users immediately. In the meantime, the geographically competent courts are required to manage the transition. To do this, they will have to continue hearing cases that should normally be handled by the new entities. In short, they are called upon to continue offering their services to users as usual until further notice.
The President of the High Council of the Judiciary is also urging the First Presidents of the Courts of Appeal and of the Courts of First Instance to ensure that the provisions of the decree are properly implemented. The aim is to safeguard the rights of litigants and users, particularly in terms of procedural certainty in decision-making. At the same time, the President of the High Council is urging court presidents to inform magistrates under their authority about the content of his circular and about the new features of the decree on the new judicial map, by organizing meetings where necessary to explain the principle governing the reform.
The presidents are called upon to manage the implications of the new judicial map, which entails the abolition of certain jurisdictions and the reorganization of the geographical perimeter of other jurisdictions, in accordance with the procedure laid down by the legislative provisions, so as not to penalize litigants and ensure that judicial time is preserved.
Hassan EL ARIF
