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Wednesday, May 15, 2024
The Supreme Council of the Judiciary hosted, on Tuesday, May 13, 2024, a colloquium on the legal and judicial guarantees of investment. This event was part of the Council's participation in the International Book and Publishing Fair (SIEL), held in Rabat under the patronage of His Majesty King Mohammed VI, may God assist him.

At the colloquium’s outset, Ms. Khadija Benjelloun, acting head of the Specialized Justice Unit within the Supreme Council of the Judicial Power, remarked that the world is currently experiencing significant changes, especially in the economic sector. These shifts are driven by globalization, market liberalization from protectionist restraints, and the digital revolution, which has introduced new competitive arenas and trading. These developments have led to innovative economic practices that challenge traditional commercial transaction frameworks and impose new competitive conditions. The Kingdom of Morocco has established economic partnerships with several advanced economies and is striving to create a conducive business environment to propel the national economy and align it with these advanced economies.

Ms. Benjelloun further stated at the colloquium, chaired by Ms. Amal Lamniai, Head of SCJP’s Training and Cooperation Pole, that this evolving reality demands that the judiciary, as a crucial mechanism for enhancing the business climate, must improve its performance and efficiency to meet economic needs. She emphasized that an effective justice system is necessary for investors to develop their economic projects in a secure, law-abiding environment; as financial and economic incentives, along with legislative provisions, are insufficient on their own to attract investors.

She emphasized that advancing courts has become a pressing necessity and a top priority for the Supreme Council of the Judiciary. This is clearly reflected in the Council's strategic plan (2021-2026), which is guided by Royal Speeches, the Kingdom's Constitution—particularly Article 120—relevant legislative texts, and the recommendations from the judicial system reform and the new development model report.

Essaid Saadaoui, President of the Commercial Chamber of the Court of Cassation, noted that countries strive to attract investment by developing favorable public policies. Similarly, Morocco has endeavored to draw both domestic and foreign investment by establishing a conducive environment through legislative and institutional measures, including the creation of commercial courts, which serve as specialized jurisdictions for resolving commercial disputes.

Saadaoui further mentioned that the Court of Cassation has consistently strived to foster an environment conducive to both national and international investment. This has been achieved through established judicial decisions aimed at unifying judicial jurisprudence and ensuring the fair and equitable application of the law.

For his part, Mohamed Saber, First President of the Marrakech Commercial Court of Appeal, highlighted the significant transformation Morocco experienced with the introduction of the Investment Charter in 1995. This charter aimed to align Moroccan investment legislation with internationally recognized business standards. Subsequently, Morocco adopted the Commercial Code, laws governing companies and industrial property, and the law establishing commercial courts.

Saber further noted that Article 5 of the law establishing commercial courts clarifies that their jurisdiction is not confined to disputes between merchants. The law is based on an objective standard that does not consider the status of the parties involved. Therefore, these courts are authorized to handle disputes related to business assets, commercial instruments, and commercial deeds, even if the parties are not merchants. This jurisdiction also extends to disputes between partners in a commercial company, with the only requirement being that the company is commercial and one of the parties is a partner, regardless of any other status.

Addressing the role of social justice in protecting employees and supporting businesses, Ms. Malika Benzahir emphasized that ensuring legal and judicial certainty for a favorable investment climate necessitates the establishment of a legal framework that delineates the rights and obligations of all parties. This framework aims to create a balanced contractual relationship between employers and employees. She highlighted that the Labour Code's provisions clarify the rights of both employees and businesses, thus fostering the development of socially responsible enterprises in response to evolving economic and social conditions.

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