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Saturday, June 10, 2023
As part of its participation in the 28th edition of the Int’l Book and Publishing Fair, held in Rabat under the High Patronage of HM King Mohammed VI, may God assist him, the Supreme Council of the Judicial Power outlined the Council's efforts and achievements in the field of the digital dissemination of judicial information at its 9th colloquium, held on Saturday, June 10, 2023, at the Council's pavilion at the book fair.

On this occasion, Mr. Ghazali Ahmed, member of the Supreme Council of the Judicial Power, presented the main lines of the Council's Strategic Plan in the field of digitalization and judicial jurisprudence, highlighting the importance of the digitalization project taking place within the State’s institutions, particularly the Supreme Council of the Judicial Power. He also outlined the measures introduced by the 2021-2026 Council's Strategic Plan to strengthen internal and external communication.

Mr. Ghazali stated that the experience of digitizing a large part of the elections for judges’ representatives on the Council was a pilot experiment that contributed to these elections’ success, which stood out for their transparency. This experiment complements the efforts made by the Council to consolidate communication with judges, through the creation of a communication space reserved for them and a modern and developed digital platform, not forgetting the digitalization and dissemination of jurisprudence, which will contribute to the unification of judicial case law and the achievement of judicial security. By the same token, the Supreme Council of the Judicial Power is committed to digitizing judicial procedures with a view to transitioning to the digital court in the future.

For his part, Mr. Fettoukh, adviser to the Cabinet of the President Delegate of the Supreme Council of the Judicial Power, stated that the publication of judicial decisions is being carried out in accordance with the high directives contained in the Royal Message addressed by HM the King to the participants in the Second International Conference on Justice, in which He called for the judiciary to be at the service of citizens, the rule of law, and development, and stressed the need to exploit information technology in the field of justice and the publication of judicial decisions.

 Mr. Fettoukh underlined that the publication of the jurisprudence of the Court of Cassation and of other jurisprudence produced by lower courts is a matter of human rights, since it constitutes a reference for university researchers, as well as for judges, lawyers, bailiffs, and all members of the justice system. The Council has made this a reality by publishing more than 16,000 judicial decisions on the opening of the judicial year on January 26, 2022, and is continuing its efforts in this regard.

Furthermore, Mr. Fettoukh also revealed that the consultation rate for the electronic portal dedicated to the publication of jurisprudence has exceeded 3 million views and downloads, which he believes is an important indicator of the growing interest shown in the platform by users both inside and outside Morocco.

Ahmed Ajaoun, Dean of the Faculty of Law, Economic, and Social Sciences at Ibn Tofail University in Kénitra, believes that the publication of jurisprudence contributes to the dissemination of legal information, legal thinking, and justice values. It also facilitates the work of researchers, particularly in the legal field, since the regular publication of jurisprudence makes it an essential source of material for researchers' work, providing them with real cases and decisions.

Along the same line, the President of the First Instance Court of Temara, El Ouakfi Fatima, stated that jurisprudence guarantees the continuity of legislative standards by adapting them to facts and conflicts. It also contributes to the drafting, amendment, and interpretation of legal texts and redress any shortages, ambiguities, or omissions. In this sense, jurisprudence is therefore a source of law.

Ms. El Ouakfi also explained that the importance of jurisprudence would be nullified if it were not disseminated among practitioners and specialists by various means. If we look at things from the point of view of the practicing judge, Ms. El Ouakfi emphasizes that the publication of jurisprudence is one of the best tools available to legal practitioners and that it is a means of developing and raising awareness of legal culture. It is one of judges’ best weapons for dealing with the difficulties they encounter when applying the law, and is used to unify judicial vision. The latter is the basis for creating an atmosphere of trust, without which social and economic development would be unattainable.

Mr. Fountir Benbrahim Abdelilah, a lawyer at the Rabat Bar, considered that the publication of thousands of judicial decisions and making them available to all, both within the country and abroad, is a major transformation and a large-scale undertaking, highlighting the vital importance of the electronic publication of decisions by the Court of Cassation and the lower courts in the context of current digital transformations.

Mr. Fountir concluded by saying that the importance of the electronic publication of judicial jurisprudence lies in the achievement of three main objectives: firstly, to publicize the work carried out by the Court of Cassation, as a court of law, in laying down the foundations for rationalizing, guiding and supervising the judicial work of the various courts. Secondly, to enable all those involved in the judicial process, whether judges, lawyers, litigants, or others to consult the efforts made by the Court of Cassation and the lower courts devoted to unifying jurisprudence and avoiding contradictions between decisions handed down in similar disputes.

As for the third objective that is achieved by the electronic publication of jurisprudence, Mr. Fountir explained that it concerns the sometimes apparent but often discreet role played by the Court of Cassation in rectifying any errors or shortcomings in order to guarantee the proper application of the law and the establishment of justice, which remains the ultimate goal.

Finally, Mr. El Khamsi Said, policy officer at the Secretary General of the Council for the Moroccan Community Abroad, took the floor to applaud the communication policy adopted by the Supreme Council of the Judicial Power, highlighting that the publication of jurisprudence automatically places the Council at the forefront of international competition, and commended its track record in terms of electronic publication of jurisprudence of the Court of Cassation.


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