The Moroccan legal system is a complex heritage, shaped by centuries of history and diverse influences. For anyone interacting with the justice system in Casablanca or elsewhere in Morocco, a basic understanding of its structure, operation, and sources is indispensable. This guide offers a simplified overview to demystify this legal environment. If you're looking for a lawyer in this context, our ultimate guide to choosing a lawyer in Casablanca can help.
1. Structure and Hierarchy of Courts in Morocco
The judiciary in Morocco is independent of the legislative and executive powers, a fundamental principle enshrined in Article 107 of the Constitution. The King is the guarantor of this independence.
The Moroccan judicial structure is organized into several levels of courts:
- Local Courts (Juridictions de Proximité): Established by Law 42-10 of August 2011, they replaced the former communal and district courts. They operate with a single judge, and proceedings are oral and free of charge. Their jurisdiction is limited to personal and movable property actions where the amount does not exceed 5,000 dirhams. They are not competent for disputes relating to personal status, real estate matters, social affairs, and evictions. The Public Prosecutor's Office is not represented in these courts.
- Courts of First Instance (Tribunaux de Première Instance - TPIs): These are the courts of general jurisdiction. They judge all matters not specifically assigned to another court. They may include several chambers (family chamber, civil chamber, etc.). They rule collectively (three magistrates) but can also operate with a single judge for certain matters. The Public Prosecutor's Office (King's Prosecutor and deputies) is represented here. In Casablanca, one finds notably the Casablanca Court of Appeal and the Casablanca Court of First Instance.
- Specialized Courts:
- Commercial Courts: Competent for commercial matters. There are eight commercial courts in Morocco, including one in Casablanca.
- Administrative Courts: Competent for administrative disputes. There are seven administrative courts in Morocco, including one in Casablanca.
- Courts of Appeal: They review appeals against decisions rendered by the Courts of First Instance. They exercise control over both law and fact. There are 21 courts of appeal in Morocco, composed of magistrates divided into chambers (civil, social, criminal) and they judge collectively (three or five magistrates). The Public Prosecutor's Office (King's Attorney General and deputies) is represented. There are also Administrative and Commercial Courts of Appeal.
- Court of Cassation (Cour de Cassation): Formerly known as the Supreme Court. It exercises jurisdiction over the entire territory. It is divided into chambers (civil, criminal, commercial, etc.). The Court of Cassation is not a third level of jurisdiction; its role is to review legal compliance without re-examining the facts. An appeal to the Court of Cassation is possible against any decision rendered in the last instance by the TPIs or Courts of Appeal. The presence of the Public Prosecutor's Office is mandatory at all hearings. Its seat is in Rabat.
The specialization of courts, with the existence of commercial and administrative courts in addition to general courts, reflects Morocco's economic and administrative complexity. This sophistication of the judicial system is a direct response to the growing complexity of regulations and economic stakes in the country. It aims to ensure that commercial and administrative matters, which have technical specificities, are handled by judges with dedicated expertise, which is essential for the legal security of businesses and citizens in their interactions with the state.
2. The Independence of the Judiciary and the Role of the King and the Superior Council of the Judicial Power
The independence of the judiciary is a fundamental principle enshrined in Article 107 of the Moroccan Constitution. The Constitution explicitly states that the judicial power is independent of the legislative and executive powers.
The King of Morocco plays a central role as the guarantor of judicial independence. In accordance with Article 56 of the Constitution, the King presides over the Superior Council of the Judicial Power (CSPJ). This body is responsible for ensuring the application of guarantees granted to magistrates. Its functions include managing the careers of magistrates, based on principles of equal opportunity, merit, competence, transparency, impartiality, and the pursuit of parity. Any magistrate who believes their independence is threatened can refer the matter to the Council by submitting a report.
This structure represents a complex balance between modern principles of separation of powers and the historical and religious heritage of the Moroccan monarchy. The 2011 Constitution enshrines the independence of the judiciary while maintaining the King as its guarantor and president of the CSPJ. The preeminence of royal prerogatives in all areas, including judicial, is a direct effect of Morocco's historical relations with the Arab-Muslim Orient. The King's role is not a contradiction to independence but a legitimization through tradition, a distinctive feature of the Moroccan legal system that continues to permeate the legal order.
3. Sources of Moroccan Law
Moroccan positive law is a complex system, characterized by several legal layers deposited throughout history. It has been profoundly shaped by the French protectorate and a combination of Muslim and Jewish traditions.
- Muslim Law (Sharia): It constitutes a primary source of reference for Moroccan law. It is based on the Quran, the Sunna (prophetic tradition), Ijmaa (consensus of scholars), and Qiyas (analogical reasoning). Muslim law encourages Ijtihad (the effort of interpretation). Its influence is manifest in public law (Islam is the official state religion, the King is the Commander of the Faithful) and in private law (Code of Obligations and Contracts, Land Code, Penal Law, Islamic Finance). The Sunni Maliki rite is predominant in Morocco.
- Customary Law (La Coutume / Ourf): This is an unwritten rule of law, stemming from ancient and prolonged practice. Muslim judges integrated Ourf into the Moroccan legal order. Historically, it governed various areas such as tribal security, markets, or water management. Although colonial texts sought to develop it, they were abrogated after independence, but custom retains influence in certain areas, notably the Family Code and the Commercial Code.
- Statute Law (La Loi): A law is a mandatory, general, and impersonal rule, mainly developed by the legislative power (Parliament). The initiative for a law can come from the government (bill) or a parliamentarian (proposed law).
- Regulations (Le Règlement): These are texts adopted by administrative authorities (the government) to organize the legal framework, in compliance with the law and the Constitution. They include Royal Decrees (Dahirs), Prime Ministerial Decrees, and Ministerial Orders.
- Case Law (La Jurisprudence): This refers to all decisions rendered by courts in disputes submitted to them. If a decision is adopted by other judges in identical situations, it can become a rule of law.
- Legal Doctrine (La Doctrine): This consists of opinions and commentaries formulated by jurists (professors, researchers) in their publications. Doctrine indirectly influences law creation through its critiques, ideas, and suggestions.
- Practice (La Pratique): The intervention of legal professionals (notaries, lawyers, advisors) contributes to the adaptation and interpretation of legal rules.
- International Treaties: International conventions ratified by Morocco take precedence, upon their publication, over national legislation. Morocco has always demonstrated its commitment to international legality and the primacy of the international legal order over the internal order.
The coexistence and integration of these diverse sources (religious, customary, legislative, jurisprudential, international) are not static but constitute a constant dynamic. This dynamic allows Moroccan law to adapt to "new cases" and "complex challenges" of a modern world while retaining its profound identity. Understanding this dynamic is essential to grasp the flexibility and adaptability of the Moroccan legal system in the face of contemporary challenges.