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Sunday, June 4, 2023
The participation of the Supreme Council of the Judicial Power (CPSJ) continues in the 28th edition of the Int’l Book and Publishing Fair organized in Rabat under the high patronage of HM King Mohammed VI, may Allah Bless Him. The Council organized a colloquium on the third day of the Fair on “Legal Protection of Investment and Development Challenges”.

On her first intervention, Ms. Benjelloun Khadija, advisor at the Cabinet of the President Delegate of the Supreme Council of the Judicial Power, underlined that achieving justice is a real challenge faced by different countries in the world, as it constitutes a bedrock of true democracy, a semblance of its progress or regress, and a decisive factor in its economic development and social advancement.

Ms. Benjelloun stated that the Supreme Council of the Judicial Power (CSPJ) attaches great importance to judicial efficiency in commercial courts by taking several measures namely, conducting an assessment survey of commercial courts handed out to judicial officials working in these courts, coordinating and communicating with administrations and institutions whose work and activities are related to commercial law, and subjecting commercial courts of appeals (03) and commercial circuit courts (08) to rigorous scrutiny.

Along the same line, the speaker added that the Council tracks commercial courts’ performance and holds joint committee meetings with the CSPJ, the Ministry of Justice, and the Public Prosecutor’s Office, as well as ensures coordination with the governmental authority in charge of justice in order to provide the necessary means to assure courts’ proper functioning, offer training for human resources, and organize specialized practical workshops for judges and prosecutors at commercial courts.

In his intervention about alternative commercial dispute resolution, the head of department at the Commercial Chamber of the Court of Cassation, Mr. Hanin Abdelilah noted that the importance of arbitration lies in the role arbitrators play, as parties agree to resolve any disputes by binding arbitration, rather than in court.

Mr. Hanin added that the legislator devoted scrupulous attention to alternative commercial dispute resolution by enacting evolving legislative texts with the purpose of encouraging businessmen and investors to resort to this alternative, either arbitration which acts as a form of justice that assists the official justice system of the country by resolving commercial disputes, or conventional mediation being a mechanism for alleviating the number of cases brought before courts.

The topic of judicial processing of business difficulties was the theme of the intervention of Mr. Saffouri Abdelouahed, the First President of the Commercial Court of Appeals of Casablanca. He underlined that the legislator amended the fifth chapter of the 2017 Commercial Law to maintain small businesses, stressing that the reason for providing protection for small businesses as part of the economic fabric is to enable them to preserve jobs or repay their debts. As such, the legislator was prompted to provide internal and external protection, reconciliation procedures, safeguard procedures, judicial settlement, and judicial liquidation as a final measure. Mr. Saffouri laid out the details of each phase and the procedural rules that govern it.

The President of the Commercial First Instance Court of Rabat, Ms. Britel Khadija, stressed during her discussion about the national electronic collateral registry that law No. 18.21 on movable securities is enforced as a reform adopted to enhance the business climate, encourage investment, and create an incentive framework for financing the economy and encouraging companies, particularly small businesses, which do not have sufficiently large securities to obtain loans, as is the case with former securities, which required the possession of real estate and substantial bank funds.

Ms. Britel stated that the law aims to facilitate companies' access to the various sources of financing available to them, by enabling them to benefit from the movable securities available from these sources, and to improve the conditions of companies’ competitiveness, by securing the investment financing operation and consolidating the principle of transparency, while strengthening contractual operations in the area of guarantees to ensure that judicial security is achieved, especially since solvency is an essential factor in a company's activity.

For his part, the Secretary General of the Competition Council, Mr. Abou Al Aziz Mohammed Amine, considered that investment is vital and crucial for Morocco, and its development and growth hinges on achieving fair competition, as a means to strengthen investors’ confidence in our country being a destination for productive investment.

Mr. Abou Al Aziz underlined that the securities guaranteed under the Constitution for investing in Morocco are of undeniable importance. Indeed, Article 35 of the Constitution provides for freedom of investment and free competition as constitutional principles; similarly, constitutionalizing the Competition Council gives it the institutional authority required to settle disputes, emphasizing that Morocco provides additional guarantees for investment, namely the Law on Freedom of Prices and Competition and the Law on the Competition Council, which form a system that ensures free initiative, freedom of investment, and free competition.


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