Ouahbi Responds to Constitutional Court's Rejection of Civil Procedure Code
The Court declared 35 articles of Law 23.02 unconstitutional on Wednesday, effectively sending the legislation back to Parliament.
'We do not fear constitutional oversight; on the contrary, we encourage it and see it as a genuine guarantee of the rule of law,' Ouahbi declared in a statement released by the Ministry of Justice. 'Those who doubt the role of the Constitutional Court are questioning the very essence of democracy itself.'
Despite the setback to his ministry's reform agenda, Ouahbi portrayed the ruling as an opportunity. 'This decision opens the door to high-level legal debate and reinforces our reform project within and through institutions,' he stated.
The minister characterized the Court's observations as 'adding value to the legislative work,' insisting they would ultimately 'strengthen citizens' trust in justice and consolidate principles of good judicial governance.'
In its official statement, the Justice Ministry expressed 'respect for the competencies and independence of the Constitutional Court,' calling the decision 'an important constitutional milestone in the democratic construction process.'
The ministry noted that the ruling 'reflects the vitality of the Kingdom's constitutional institutions and embodies the spirit of positive interaction between powers, within the framework of respecting the principle of separation of powers, rule of law, and protection of rights and freedoms.'
The Court's decision came after Parliament completed the legislative process in July, following intense debate. The bill had followed a lengthy path since its introduction to the Council of Government in August 2023, facing strong opposition from lawyers along the way.
Among the rejected provisions was Article 17, which would have permitted the public prosecutor to request annulment of final judicial decisions deemed contrary to public order within five years. The Court determined this violated the principle of legal certainty.
Articles 408 and 410 were rejected for allowing the Justice Minister to refer cases to the Court of Cassation for judges allegedly exceeding their authority or on grounds of legitimate suspicion. This contravened the separation of powers principle and judicial independence guaranteed by Article 107 of the Constitution.
The Court also invalidated Article 90's provisions for remote hearings, which lacked necessary procedural guarantees. Articles 107 and 364, which prohibited parties from responding to the royal commissioner's conclusions, were found to restrict the adversarial principle unduly.
Additionally, the Court rejected Article 84 for using subjective criteria in the notification process, including language about individuals 'whose appearance suggests they are sixteen years old.' This was deemed to compromise defense rights and regulatory clarity.
Article 339, which exempted judges from providing reasoning when accepting recusal requests, was found contrary to Article 125 of the Constitution, which requires all judgments to be reasoned without exception.
Read also: Morocco Plans Special Courts in Stadiums for 2030 World Cup
The Court also invalidated Articles 624 and 628, which would have given the Justice Ministry control over the judicial information system. The Court maintained that judicial administration falls exclusively under judicial authority.
Ouahbi pledged to 'take the necessary legal and institutional measures, in coordination with all stakeholders, to adapt the provisions in question.' He added that this would occur 'within the framework of legislative continuity that ensures the development of the justice system in a way that serves the interests of litigants.'
The ministry's statement stressed that the drafting process 'was marked by a broad participatory approach and rich deliberations' with input from judicial authorities, professional organizations, and rights groups. It renewed its commitment to continue working 'in a spirit of constructive institutional dialogue.'
Morocco will continue operating under the current Civil Procedure Code while the ministry revises the rejected provisions. The amended text must pass through both parliamentary chambers before returning to the Constitutional Court for final approval. The Court validated the remaining provisions in the 644-article code.
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