MOROCCO > JUSTICE, FREEDOM AND SECURITY
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A CEPEJ training session in Rabat
Justice suffers from delays in the www.enpi-info.eu execution of judgements handed out by the courts pretty well everywhere in the world, and Morocco is no exception. A pilot project, which could be expanded to all courts in Morocco, has been set up in Casablanca to facilitate the notification procedure. The idea is to create a national database of addresses. Any citizen who has changed address, should declare it to the relevant services, failing which they would have administrative services withheld… The European Union and the Council of Europe support the country in its efforts for judicial reform, to strengthen democratic reform in Morocco. A journalist from the EU Neighbourhood Info Centre followed a visit by the European Commission for the Efficiency of Justice (CEPEJ) to Morocco’s authorities, and sends us this report. Text by: Safi Naciri Photos by: AFP © EU / Neighbourhood Info Centre CASABLANCA – “I’ve suffered a lot because of the procedures,“ says Zahra, a seventy-year-old living in a rural area. In the premises of Casablanca’s Court of First Instance, Zahra talks about the problems that she faced after her husband’s death, in order to have access to her share of the inheritance, because of prevarications between the beneficiaries among the children of the deceased. And Zahra had to turn to a lawyer for advice. To her great surprise, the lawyer told her that procedural problems led to cases being dragged out at court for a long time. So Zahra was forced to reach an agreement with the This publication does beneficiaries to sell them her part of the inheritance, for half its real price. Zahra had to resort to this to avoid not represent the the maze of notification procedures… official view of the EC The difficulties related to these procedures and the ways to avoid or the EU institutions. them are among the subjects dealt with in Casablanca by a delegation EU Neighbourhood Info Centre The EC accepts no from the European Commission for the Efficiency of Justice (CEPEJ), Feature no. 129 responsibility or which was created by the Council of Europe. This is a series of features on projects liability whatsoever In 2012, a joint programme between the European Union and the Council funded by the EU, prepared by with regard to its of Europe was launched. It aims to strengthen the political and journalists and photographers on the content. democratic reform process in countries from the southern ground or the EU Neighbourhood neighbourhood, especially in Morocco and Tunisia. In this context the Info Centre. CEPEJ was given the task of evaluating the operation of judicial systems © 2014 EU/Neighbourhood Info Centre in these countries.
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A view of the inside of the Place Mohammed V courthouse in Casablanca
Notifications are the cause of long delays Here we are in Casablanca, in the heart of the metropolis. Visitors are attracted by the splendour of the buildings, which adjoin United Nations Square. The seat of the Court of First Instance is in this attractive area, which plunges visitors into the history of Casablanca. One of its rooms plays host to the meeting between the President of the Court and the members of CEPEJ. A calm discussion takes place, during which the President of the Court presents his guests with the results of the pilot project that CEPEJ offered Morocco during its first visit in order to facilitate the procedure for notifying judgements, in order for them to be executed within reasonable timeframes. The Vice President of the Association of Bailiffs of Casablanca steps in the midst of the discussions. His aim is to complain about the negligible amount of fees for this category of judicial staff. According to him, the fees are no more than three euro for each certificate, for the efforts made towards this notification. The President of the Court, Mr Abdallah Boujida, cuts in to state that progress has been achieved at this level that has made it possible to cut the time needed for notification from three or four years to only two months. For Mr Boujida, this change reflects the involvement of bailiffs in this pilot project and heads in the direction of more services coming from this category of judicial staff. The President of the Court made sure that he informed his interlocutors that the pilot project on notification has achieved real success in Casablanca and that it will subsequently be extended to all the courts in Morocco.
A judgement in absentia Currently, the project envisages two scenarios for the submission of the notification of judicial acts by the bailiff. The first consists of handing over the notification to the person concerned or to a member of his/her family and, if ever the bailiff cannot find who to hand the notification to, he will post it, which constitutes a summons sent to the person concerned. This is a first novelty. In the event that the person’s absence continues – which is often the reason for delay in the procedure of notifying judgements delivered by the courts – a second innovation consists in contacting the police services or the administrative district to find out their address. These services have 48 hours to reply to the bailiff. And in the event of a failure to identify the address, an official statement will be sent to the bailiff indicating that the person concerned is not known. As a result, the court will be able to deliver its judgement in absentia. So the wheels of justice will no longer grind to a halt.
“Progress has been achieved that has made it possible to cut the time needed for notification from three or four years to only two months.”
“The pilot project on notification has achieved real success in Casablanca and it will subsequently be extended to all the courts in Morocco.”
European support for more efficient justice The European Commission for the Efficiency of Justice’s initiative is part of the support programme provided for democratic reforms in the countries of the southern neighbourhood, led jointly by the Council of Europe and the European Union. The component on the quality of justice is based on several aspects in Morocco. The first aspect concerns the quality of justice in the three CEPEJ reference courts, Casablanca, Agadir and Sidi Kacem. The second aspect is to do with the simplification of the notification via the proposal to create a national record of addresses. Here, a convention brings together the Ministry of the Interior and the Ministry of Justice and Freedoms on this file so that every citizen who has changed address has to declare it to the relevant services, failing which they will not be provided with administrative services. The third aspect relates to the Higher Institute of the Magistrature with, in particular, the training of trainers on CEPEJ tools covering judicial statistics, reasonable timelines for the procedure and justice quality indicators. The trainers, who were trained in November 2013, are now operational and are putting in place the new tools on the ground. n Helene Jouy, a member of the European Commission for Efficient Justice (CEPEJ), Joao Subsequently, they will be in charge of the Arsénié de Oliveira, the head of the International Affairs Department, and Mathieu Chardon, training of integrator officials. This aspect also the first secretary of the International Union of judiciary bailiffs and officers in Casablanca
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“The trainers, who were trained in November 2013, are now operational and are putting in place the new tools on the ground. Subsequently, they will be in charge of the training of integrator officials.” includes the introduction of modules for the management of courts and the functioning of jurisdictions. The last aspect deals with encouraging evaluation via inquiries targeting citizens and lawyers. A charter for reform The mission of the CEPEJ delegation in Morocco, led by Jacques Bühler, coincides with a public debate on the reform of justice and in particular with the publication of the Charter for the Reform of Justice. This charter constitutes the fruit of a long period of reflection by Moroccan experts. It is a diagnosis, a road map, which, while setting out where things stand in terms of justice, defines ways to improve matters and sets goals to be achieved. The charter therefore unequivocally covers the many malfunctions that hamper the smooth operation of the sector in terms of the n CEPEJ expert Joao de Oliveira (right) level of independence of justice vis-à-vis the executive, both in terms of the ethics of the judiciary and the inefficiency of supervisory and transparency tools. The charter also puts its finger on the negative aspects of penal policy in Morocco, its anachronistic structures and the inefficient management of the sector. On the basis of this diagnosis, the Charter for the Reform of Justice developed a vision, which in particular draws inspiration from the provisions of the new Moroccan Constitution, which was adopted in 2011. The charter stresses the principle of independence of judicial power and stresses the importance of raising the moral standards of the judicial system to immunise it against attempts at corruption and misdemeanour. This summary recommends strengthening the principle of transparency, supervision and professional responsibility. In conclusion, the charter puts forward the importance of ruling on cases and executing judgements within reasonable timeframes. This last point – related to the simplification of the notification procedure – is particularly important for CEPEJ, which can only thank its Moroccan counterparts.
Joint programme: "Strengthening democratic reform in the southern Neighbourhood" http://www.coe.int/t/dghl/cooperation/cepej/cooperation/south_prog/default_EN.asp? Launched in January 2012, this three-year programme aims to strengthen the democratic and political reform process in the southern Mediterranean countries following a demand-driven and targeted approach. The programme focuses on four specific objectives: 1. Strengthening the efficiency and independence of the judicial system by improving the performances of the courts and by facilitating judicial reform 2. Promoting good governance thanks to more prevention of corruption and money laundering 3. Strengthening and protecting human rights, especially thanks to the prevention and fight against trafficking in human beings 4. Promoting democratic values in the region by using the support of existing Council of Europe networks Budget: €4.8m
To find out more Council of Europe – the South Programme: website http://south-programme-eu.coe.int/default_EN.asp? EU Neighbourhood Info Centre – themed page – Justice, Freedom, Security http://www.enpi-info.eu/thememed.php?subject=1&lang_id=450
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