There may be a substantial amount of controversy among the many judges of the Kingdom over a authorized situation that instantly impacts all judges of the forty first cohort of 218 judges, who could also be denied promotion if the legislator doesn’t treatment the shortcomings of articles 114 and 115. Natural Legislation No. 100.13 on The Supreme Council of the Judiciary, in keeping with sources from the judiciary.
Throughout a dialogue on the membership’s official Fb web page, Abdel Razzaq Al-Jabbari, President of the Moroccan Judges Membership, tweeted in regards to the distinctive state of affairs that characterizes the forty first Regiment, appointed in Might 2018. as it’s “the one regiment that was within the interval of formation”. On the Supreme Judicial Institute throughout the issuance and publication of the natural legislation in regards to the place of judges. This case has authorized implications that stretch to the profession path of our fellow judges of this cohort, particularly on the degree of promotion from the third diploma to the second, and extra exactly from every diploma to a different.”
Al-Jabari thought of that Article 114 of the identical legislation offers that “the council appoints judicial attachés serving their time period of schooling on the Larger Judicial Institute on the date of publication of this regulatory legislation within the Official Gazette, after they’ve efficiently handed the ultimate examination of a choose of the primary rank of the third levels, and thereafter they’re topic to the promotion referred to in Article 115.”
After rigorously analyzing the textual content within the gentle of the mentioned article 115, the identical choose concluded that the proposed promotion scheme was supplied for in chapter 23 of the repealed 1974 Judges Primary Legislation. Due to this fact, judges of the forty first regiment underneath this method can’t be promoted to the second diploma till they attain the sixth rank of the third diploma, opposite to what was acknowledged in part 33 of the aforementioned organizational legislation, which shortened the interval required to qualify for a similar promotion, and restricted him to solely reaching the fifth rank within the third diploma.
The spokesman went on to say that, in follow, the problem could be raised that the forty first would nonetheless be topic to a prolonged means of upgrading in comparison with the forty second, which accomplished coaching after it, because it deserved to be promoted from the third to the second diploma. . after eight years of labor; Whereas the cohort loyal to her will solely be promoted after six years, which means that the successive cohort can be promoted earlier than the earlier cohort, which requires intervention to appropriate this class of judges by amending the aforementioned article 114 to make sure, that this Trigger is being absorbed to realize justice and equality.
Along with the scientific contribution of the president of the Moroccan Judges Membership, the remark group expressed the necessity to discover an pressing answer to the injustice that might have an effect on 218 judges and judges all through their careers, their hope for a legislative modification to 114, which might be a good answer for them in gentle of the passage of the course seminars on the independence of judges.
It’s value noting that on October 18, the Council of Ministers authorized two draft organizational legal guidelines, amending and supplementing the 2 natural legal guidelines on the Supreme Council of the Judiciary and the Primary Legislation on Judges.