Article 65

In accordance with the provisions of the first paragraph of Chapter 113 of the Constitution, the Council shall ensure the implementation of the guarantees granted to judges. To this end, the Council shall ensure the management of their career according to the principles of equal opportunities, merit, competence, transparency, impartiality, and parity, and in compliance with the criteria provided for in this Organic Law and the conditions by the Organic Law on the Status for Judges.

All decisions on the professional status of judges issued by the Council or its President-Delegate are justified.

Article 66

The Council shall take into consideration the following criteria in the management of judges’ careers:

• the standards set out in the career competences reference for judges and judicial officials, drawn up by the Council;
• professional expertise and qualifications of the judge;
• professional conduct and commitment to judicial values;
• the scientific and intellectual competences of the judge;
• The specialized training of the judge;
• active participation in continuous training sessions and programs;
• the family stability and social conditions of the judge;
• health condition.

The Council shall also take into account the performance assessment reports, the reports of the General Inspectorate of Judicial Affairs and the reports of judicial officials.

Additionally, in application of the provisions of the last paragraph of Chapter 116 of the Constitution, the Council shall consider, with regard to the judges of the Public Prosecution, the evaluation reports submitted by the Prosecutor-General of the king before the Court of Cassation in his capacity as President of the Public Prosecution.

Appointment of judges and judicial officials

Article 67

The Council shall appoint judges to the judiciary and determine their judicial positions.

It also appoints judicial officials in various Appeal Courts and First-Degree Courts.

Article 68

Pursuant to the provisions of chapter 57 of the Constitution, the King shall consent, by Dahir, the appointment of judges to the judiciary.

The King shall also approve, by Dahir, the appointment of judicial officials in various Appeal Courts and First-Degree Courts.

Article 69

The Council shall take into account, when appointing new judges:

• courts' needs, after having decided on promotions and requests for transfer;
• evaluation forms drawn up by the institution in charge of the training of judges;
• the ranking of judges according to the results of the end-of-training examination;
• the social status of the judge;
• the wishes expressed in the questionnaires filled by judges.

Article 70

Judges shall be appointed to the positions of responsibility provided for in the provisions of the Organic Law relating to the Statute for Judges, for a period of four (4) years renewable once; however, their appointment may be terminated before the end of the term.

The judicial officials may, at the expiry of the aforementioned period, be appointed to positions of responsibility in jurisdictions different than those in which they have assumed responsibility.

Article 71

The General Secretariat of the Council shall compile a list for vacant positions of responsibility, which shall be disseminated throughout the courts and by all available means. The General Secretariat shall receive applications from judges or judicial officials to occupy these vacancies, addressed by judges or judicial officials.

The following shall be fixed by order of the Council:

• the list of vacant positions of responsibility;
• the requirements that candidates must meet, including competences and the professional experience required;
• the deadline for applications .

The Council shall consider applications for vacant positions of responsibility in accordance with the criteria prescribed in Article 72 below.

The Council shall hold an interview with the interested applicants, during which they shall express their conception of the possible ways to carry out the duties of the judicial administration.

In the event that no candidates are selected nor are applications received, the Council shall appoint judicial officials according to the same criteria.

The Council may, as the interests of the judiciary require, appoint a judicial official to assume other functions of judicial responsibilities at the same lever.

Article 72

The Council shall consider, in particular, when appointing judicial officials or renewing their appointment:

• the professional career of the judge or judicial official;
• the ability to take responsibility;
• communication, leadership, and accompaniment skills;
• organization, supervision and control skills;
• the ability to make decisions;
• qualifications in the field of judicial administration;
• the wishes expressed by candidates to assume positions of responsibility or the positions of judicial officials.

The Council shall also take into account the reports prepared by the Minister of Justice on the performance of judicial officials in supervising and overseeing the administrative management of courts, without prejudice to the independence of the judiciary.

Article 73

The Council may appoint judges at the second grade, for a period of five years, to assume the duties of assistant advisers at the Court of Cassation.

Promotion of Judges:

Article 74

The Council shall draw up the eligibility for promotion list for the current year.

Judges who have been sentenced to temporary suspension from work shall not be included in the eligibility for promotion list for a period of time determined by the Council's Rules of Procedure.

The list is published throughout Courts,  on the Council's website, and by all available means before the end of January of each year.

Judges may, if necessary, send to the Council within five (5) days from the date of publication, requests for rectification of the said list.

The Council shall decide on these requests within five (5) days from the date of receipt.

The Council’s decision to refuse to rectify the eligibility for promotion list is subject to appeal before the Administrative Chamber of the Court of Cassation within seven (7) days from the date of its notification by all available means.

The Administrative Chamber of the Court of Cassation shall decide on the request within fifteen (15) days by a non-appealable judgment.

Article 75

The Council shall take into account when promoting judges

• seniority in the judiciary and grade;
• the concern to render judgements within a reasonable time;
• the quality of judicial decisions;
• the ability to organize and manage cases well;
• preliminary study of case files their processing;
• use of modern means of technology;
• communication skills;
• leadership skills;
• ensure accompaniment, follow-up, and perseverance.

Furthermore, the Council takes into consideration, with regard to Public Prosecution judges:

• implementation of the general guidelines of criminal policy;
• usage of legal writing instructions;
• the quality of petitions.

1. Transfer and delegation of judges

Article 76

The General Secretariat of the Council draws up a list of vacant positions in various courts, which is thereafter disseminated throughout jurisdictions, on the Council's website and by all available means. The General Secretariat shall also receive judges’ applications for these vacancies.

The General Secretariat of the Council shall notify each judge of the receipt of their application of transfer and of the action taken on it.

Article 77

The Council shall take into account, when examining the transfer of judges:

• the needs of jurisdictions;
• the wishes expressed by judge in their requests;
• geographical proximity;
• the social status of the judge.

In addition to the above, the Council shall also consider the conditions laid down in its Rules of Procedure regarding the transfer from one court to another.

Article 78

Judges may be delegated only in accordance with the conditions and criteria provided for by the Organic Law on the Statute for Judges.

The Council shall decide, within fifteen (15) days, while taking into account the interval between Council sessions, on the complaints brought against it by the delegated judges in accordance with the provisions of the Organic Law of the Statute for Judges.

D- Attaching judges and placing them in a state of secondment or leave without pay

Article 79

The President-Delegate of the Council shall decide on requests concerning the detachment of judges or placing them in a state of secondment or leave without pay, after consulting a special committee composed of the Prosecutor-General of the King before the Court of Cassation and  four members appointed by the Council as follows:

• one member from among the judges elected from of the various Courts of Appeal;
• one member from among the judges from First-Instance Courts;
• two members from the non-judicial members .

With the exception of cases that may prejudice the rule of law, judges shall not be placed in detachment or secondment, except when it is absolutely necessary to protect interests and after the consent of the judges concerned; and in accordance with the cases and conditions stipulated by the organic law on the Statute for Judges.

The Council shall be notified of all decisions taken in accordance with the provisions of the paragraph 1 above.

Article 80

The Council shall appoint or propose, as the case may be, any judge who shall be invited to chair a body or a commission, to take on board membership, or to perform any temporary or permanent mission, in accordance with the laws and regulations in force.

Article 81

Liaison judges shall be appointed by a joint decree of the President –Delegate of the Council, the Minister of Justice and the Minister of Foreign Affairs and Cooperation, following the selection procedure, which shall fall within the competence of the Ministry of Justice.

1. Resignation and retirement of judges

Article 82

Resignation notices submitted by judges shall be filed with the General Secretariat of the Council, in exchange for a receipt fixed in date, and shall be submitted to the Council for a decision within a maximum period of sixty (60) days, without taking into account the interval between Council sessions.

If a decision is not reached within the time limit specified, the resignation shall be considered acceptable.

Article 83

Before the end of March of each year, the President-Delegate of the Council shall draw up a list of judges who will attain the retirement age or complete the extension period during the following year, and shall notify the judges concerned.

The judges concerned may, where appropriate, submit to the President-Delegate of the Council requests for rectification of their situation.

Article 84

In particular, the Council shall consider when examining the possibility of extending or renewing the retirement age limit for judges:

• the judicial interest;
• the professional performance of the judge, particularly during the five (5) years preceding the date of reaching his/her retirement age;
• health capacity of the judge;
• the consent of the person concerned.

The Council decides on cases presented to it at least six (6) months before the date on which the retirement age limit is reached, or the end of the extension term.

1. Disciplinary procedures against judges

Article 85

The Council shall have the capacity to rule on any breach of duty that may be imputed to a judge as provided for by the organic law on the Statute for Judges.

Article 86

The President-Delegate shall be notified of all breaches of duty which may be imputed to a judge and which may be subject to disciplinary proceedings.

The Council's rules of procedure prescribe the procedures for the handling and addressing of complaints and grievances .

Article 87

Disciplinary proceedings may not be initiated until the necessary inquiries and investigations have been carried out.

In accordance with the provisions of the third paragraph of Chapter 116 of the Constitution, experienced inspection judges shall assist the Supreme Council of the Judicial Power in the disciplinary matter.

Inspection judges conduct inquiries and investigations under the supervision of the Inspector General of Judicial Affairs

Article 88

The President-Delegate of the Council shall bring the results of the investigations and inquiries to the attention of the Council, which shall decide to either dismiss the case or appoint a judge-rapporteur of a rank higher than or equivalent to that of the judge concerned, taking into account seniority in the judiciary.

Article 89

The President-Delegate shall notify the judge concerned of any breach attributed to him/her as well as of the name of the judge-rapporteur in charge of his/her case.

If necessary, the judge concerned has the right to recuse the judge-rapporteur before the Council. This shall result in the suspension of all proceedings until the Council has ruled on the recusal application.

The judge-rapporteur shall conduct all necessary inquiries and investigations, including holding a hearing for the judge in question and for anyone who shall benefit the hearing.

The judge-rapporteur shall summon the judge concerned to a hearing. The summons shall indicate the day, time, and place of the hearing, as well as the alleged breach for which the judge is responsible and the applicable legal Articles, with the condition that the interval between the date of receipt of the summons and the date of the hearing is  at least seven (7) days.

The judge concerned shall have the right to examine all documents and take copies of them, at least three (3) days before the fixed date of the hearing.

The judge concerned has the right to remain silent during the hearing.

The judge concerned has the right to take a copy of the transcript of his/her hearing right as soon as it is signed.

The judge-rapporteur shall draw up a detailed report which shall be deposited with the General Secretariat of the Council, in which, where appropriate, mentions that the judge concerned missed the hearing without a valid excuse, despite being duly summoned.

Article 90

The Council shall decide, after having taken cognizance of the report of the judge-rapporteur, to either dismiss or refer the concerned  judge to the Council, if gravity emerged in respect of the breach attributed to the judge.

Article 91

The judge concerned shall be notified of the decision taken.

Article 92

The President-Delegate of the Council may, after consulting the ad-hoc commission mentioned in Article 79 above, temporarily suspend the judge concerned from his duties if he/she is facing criminal proceedings or has committed a serious offence, in accordance with the provisions of the organic law on the Statute for Judges.

The decision to temporarily suspend the judge shall stipulate whether the person concerned shall keep his/her salary during the period of suspension or determine the amount to be deducted from it, excluding the family remunerations, which he/she receives in their entirety.

The Council shall be informed, at its first assembly, of the measures taken so as to decide on the action to be to be taken.

Article 93

The disciplinary proceedings file shall contain all documents relating to the acts attributed to the accused judge, including the decision of the judge-rapporteur.

Article 94

The prosecuted judge may be assisted by one of his fellow judges or by a lawyer.

The concerned judge or the person assisting him/her shall have the right to access all documents relating to the case and take copies thereof after the judge-rapporteur has submitted his report

Article 95

The prosecuted judge shall be summoned at least seven (7) days before the date on which the Council shall convene to examine the case. The summons shall include the details referred to in paragraph 4 of Article 89 above.

If the judge fails to appear without a valid excuse, despite being duly served a summons, the case shall be decided in absentia.

Article 96

The judge-rapporteur shall present his report in the presence of the prosecuted judge and his/her defenders.

The judge concerned shall provide explanations and defenses regarding the acts allegedly attributed to him. The President and Council members may direct any questions they deem relevant to the judge-rapporteur and the prosecuted judge. The defense of the prosecuted judge may also direct any useful questions through the intermediary of President or upon his permission.

Article 97

Disciplinary cases shall be adjudicated within a maximum period of four (4) months from the date of notifying the judge concerned of the referral decision. However, the Council may, upon a reasonable decision, extend this time limit only once and for the same period.

This time limit shall apply to the prosecuted judges only after a judgment possessing the force of res judicata has been pronounced.

Article 98

If the Council does not adjudicate on the situation of the suspended judge within four (4) months from the date of the execution of the suspension decisions, the judge shall be reinstated in his/her functions and his/her financial and administrative situation shall be regularized, unless he/she is the subject of a criminal prosecution.

Article 99

The Council may order supplementary investigations to be carried out by the same judge-rapporteur or by another judge-rapporteur of a rank higher than or equivalent to that of the judge concerned

Article 100

Disciplinary proceedings shall prescribe after:

• five years from the date on which the act subject to proceedings occurred;
• prescription of the public action, if the act committed constitutes an offence.

Prescription shall be discontinued by each inspection or investigation procedure carried out by the judge-rapporteur.

Article 103

The Council shall ensure respect for and commitment to judicial values and shall promote a culture of integrity and ethical behavior, in order to foster the independence of the judiciary. To this end, it shall take all measures it deems appropriate.

Article 104

The provisions of the second paragraph of Chapter 109 of the constitution prescribe that any judge who considers his or her independence is jeopardized shall refer the matter to the Council by means of a report which he/she shall file directly with the General Secretariat of the Council, or he/she shall possess all available means do so.           

Article 105

Pursuant to the foregoing Article, the Council shall receive referrals from judges whenever an attempt to influence them in an unlawfully manner occurs, and shall conducts, should the need arise, the necessary inquiries and investigations, including holding a hearing for the judge concerned and anyone that may be of interest to the hearing.

The Council shall take the appropriate measures or refer the matter, if necessary, to the Public Prosecution if it appears that the act of a criminal nature.

Article 106

The Council shall elaborate, after consulting professional associations of  judges, the code of judicial ethics which contains the values, principles and regulations that judges must abide by in the exercise of their judicial duties and responsibilities, with the aim to:

• preserve the independence of judges and enable them to exercise their functions with integrity, impartiality and accountability;
• safeguard the prestige of the judicial body to which they belong, adhere to the noble ethics of judicial work, and commit to the proper functioning of justice;
• protect the rights of litigants and of all users of the judicial service, and ensure they are treated in full respect for the rule of law;
• guarantee the durability of the judicial institution and maintain its proper functioning;

The Code of Judicial Ethics shall be promulgated in the Official Gazette.

The Council shall establish, in accordance with Article 52 of the present organic law, an ad hoc commission on judicial ethics which shall monitor and surveil judges' compliance with the said Code.

Article 107

The President-Delegate of the Council shall be entrusted with tracking judges’ assets.

He shall always have the right to, after the approval of Council members, estimate through inspection the value of assets of judges, as well as the value of assets of their spouses and children.

Every judge whose assets have witnessed a significant increase during the performance of his/her duties, to which he/she cannot provide a valid justification, shall be the subject of disciplinary proceedings.

Article 108

Pursuant to the provisions of the second paragraph of Chapter 113 of the Constitution, the Supreme Council of the Judicial Power, shall draw up, on its own initiative, reports on the state of the judiciary and the justice system and shall issue appropriate recommendations.

These reports shall include proposals seeking to:

• strengthen the rights of litigants and ensure that the proper application of rules of justice;
• improve the performance of judges;
• strengthen the integrity and independence of the judiciary;
• optimize judicial efficiency;
• qualify human resources;
• improve the material and social conditions of judges.

Article 109

In addition to the report stated in Article 61 above, the Council shall submit to the King an annual report in which it details the results of its activities and its future prospects.

A copy of this report is sent to the Head of the Government before it is promulgated in the official gazette.

Article 110

The Council shall receive reports on the state of the judiciary and the justice system, especially from:

• the First President of the Court of Cassation and its Prosecutor-General, each in his respective purview;
• the Prosecutor-General of the Court of Cassation in his capacity as President of the Public Prosecution, on the implementation of criminal policy and the functioning of the Public Prosecution, prior to its presentation and discussion it before the two committees charge of legislating in both houses of Parliament;
• Minister of Justice, on the functioning and performance of the judicial administration, the results of its achievements and agendas, as well as the situations of the judicial professions;
• the General Inspectorate of Judicial Affairs;
• organizations and bodies dedicated to the protection of rights and freedoms and good governance as provided for in the Constitution;
• professional associations of judges;
• civil society associations and non-governmental organizations concerned with justice issues, legally constituted for at least three (3)years.

Article 111

If so requested by the Council, the competent authorities must provide information, data and documents that shall assist the Council in carrying out its functions.

Article 112

In application to the provisions of the third paragraph of Chapter 113 of the Constitution, the Council shall, upon the request of the King, the Government or one of the Houses of Parliament, express detailed opinions on any matter pertaining to justice, subject to the principle of the separation of powers, in particular on the following projects and topics:

• bills and proposals of laws relating to the state of justice and the judicial system;
• the strategies and programs of reform, in the field of justice, submitted to the Council by the Government.

The Council shall express its opinion within a period not exceeding sixty (60) days from the date of receipt. This period shall be reduced to twenty (20) days if a case of urgency and the reasons for it are stated in the referral letter sent to it.

The Council may, exceptionally, request an extension of the abovementioned time limits, in the event of its inability to express its opinion within the said time limits.

The head of the Government, the Presidents of the House of Representative and the President of the House of Counsellors shall inform the Council of the action taken on the opinions expressed by it.

Article 113

The Council may, within its area of competence, establish cooperation and partnership relations with similar foreign institutions as well as with foreign bodies interested in justice issues, with a view to sharing knowledge, experiences and exchanging expertise, in coordination with the governmental authority in charge of foreign affairs and cooperation and after notifying the Ministry of Justice.

• (Article 115) The Supreme Council of the Judicial Power, as President-Delegate;
• (Article 54) The Regency Council, as a member;
• (Article 44) The Supreme Security Council, as a member;

• (Article 5) Shall represent the Council before the Judiciary and other authorities, public administrations and third parties;
• (Article 16) Shall receive requests for resignation from elected members;
• (Article 18) Shall receive requests for resignation from elected members. This resignation enters into effect from the date of the appointment of the replacement;
• (Article 22) shall notify the King of the date of expiry of the mandate of each member, 3 months prior to the said date, in order to prepare the procedure of appointment of new Council members by His Majesty the king;
• (Article 29) Shall draw up the list of the candidates of each electoral body, in the order in which they are submitted, after ascertaining that the eligibility requirements referred to in article 27 are met;
• (Article 33) shall appoint by decree, after consultation with Council members, five (5) judges from the Court of Cassation, among whom is a President, to oversee each voting office during the elections of judges' representatives;
• (Article44) Shall appoint by decree, after consultation with the members of the Council, the members of the Counting Committee in charge of the vote counting operation and the announcement of the final results of the elections of judges' representatives;
• (Article 46) Shall receive from the Secretary-General of the Council the sealed envelope signed by the President of the Counting Committee, which includes the minutes of the vote counting operation and the announcement of the final results obtained by each candidate;
• (Article 50) shall propose, after consultation with Council members, three (3) judges in the exceptional grade at least to assume the position of the Secretary-General of the Council, who shall be appointed by Dahir for a period of six (6) years renewable once; however, this appointment may be terminated before the expiry of the above-mentioned period;
• (Article 51) May delegate to the Secretary-General the signing of the documents necessary for the functioning of the administrative departments of the Council;
• (Article 51) May, if necessary, designate one of the judges at the Council to attend meetings of the Council and its deliberations on behalf of the Secretary-General;
• (Article 53) Shall Propose, after consultation with Council members, three (3) judges in the exceptional grade at least to assume the position of the Inspector General of Inspectorate General of the Judicial Affairs of the Council, who shall be appointed by Dahir for a period of (5) years, renewable once; however, this appointment may be terminated prior to the expiry of the above-mentioned period;
• (Article 54) shall oversee, jointly with the Minister of Justice, each within his purview, and without prejudice to the independence of the Judiciary, the Joint Committee in charge of coordination in the field of judicial administration;
• (Article 54) Shall appoint, by joint Decree with the Minister of Justice, the composition and functions of the said Joint Committe between the Council and the Ministry of Justice;
• (Article 56) Shall preside over Council meetings;
• (Article 56) Shall set the date of Council meetings, and propose as well as publish its agenda;
• (Article 56) Shall prepare the work of the Council and carry out its decisions;
• (Article 56) Shall draw up the Council’s Annual Budget and ensure its execution;
• (Article 56) Shall call members of the Council to meetings;
• (Article 57) Shall set, by decree, dates of the opening of the first session in January and the second session in September;
• (Article 57) Shall invite, if necessary, the Council to hold other sessions;
• (Article 61) Sall submit a general report of the Council’s activities to the King at the end of each session;
• (Article 63) Shall order to disburse the funds allocated to the Council in the State’s General Budget under a chapter entitled “ Budget of the Supreme Council of the Judicial Power”, and may delegate this power according to the forms and conditions laid down by the laws and the provisions applicable in this field ;
• (Article 79) Shall rule on requests for the secondment of judges, their leave of absences or be made available, after consulting a special committee composed of the General Prosecutor of the King before the Court of Cassation in addition to four (4) members appointed by the Council;
• (Article 81) Shall appoint Liaison Judges, by joint decree with the Minister of Justice and the Minister of Foreign Affairs and African Cooperation, after completion of the selection procedure which falls within the competence of the Ministry of Justice;
• (Article 83) Shall draw up, before the end of March of each year, the list of judges who shall reach retirement age or complete the extension period during the following year, and shall also notify the judges concerned who may, if necessary, submit requests of rectification of their situation;
• (Articles 88 and 86) Shall receive all possible misconducts attributed to a judge and may be the subject of a disciplinary proceeding, and shall present the findings of the investigations and inquiry carried out before the Council, which subsequently decides to either dismiss the case or appoint a judge-rapporteur whose status is equal or superior to that of the judge concerned, taking into account seniority in the judiciary;
• (Article 89)  Shall notify the judge concerned of any misconduct attributed to him/her as well as of the name of the judge-rapporteur in charge of his/her case;
• (Article 92) Shall, after consulting a special committee consisting of the Public Prosecutor of the king at the Court of Cassation and four (4) members appointed by the Council, temporary suspend the judge concerned from carrying out his/her duties, on the condition that he/she is facing criminal proceedings or committed a serious offence, in accordance with the provisions of the organic law relating to the Statute for Judges;
• (Article 107) Shall be entrusted with tracking the growth in the assets of judges, and shall have the right to, after the approval of Council members, estimate the assets of judges, their wives and children through inspection;

• (Article 11) Shall receive applications for candidacy to enter the judiciary for the categories provided for in articles 9 and 10;
• (Article 47) Shall grant, by decree, individual exemptions to judges to carry out tasks of teaching, conduct scientific research or perform tasks assigned to them by the State;
• (Article 47) Shall authorize judges who are authors of literary, scientific or artistic works to mention their status as judges;
• (Article 52) Shall authorize judges to reside outside the jurisdiction of the Court of Appeal in which they exercise their functions, upon a substantiated request from the judge concerned;
• (Article 64) Shall grant his permission to judges who requested to benefit from a leave without pay, to which they are entitled once every two (2) years within the limit of one indivisible month;
• (Article 65) Shall grant long and medium-term sickness leaves;
• (Article 92) May carry out the necessary investigations to ascertain the validity of the factors for placing a judge in a state of secondment;
• (Article 102) Shall send a formal notice to judges whose abandonment of post has been notified to him by the judicial official, to urge them to resume work as well as inform them of the measures that shall be taken against them in the event of their refusal;