The House of Councillors approves the Civil Procedure Bill by majority vote
The House of Councillors voted by majority during a legislative session held yesterday, Tuesday, in favor of Bill No. 02.23 concerning civil procedures. The bill received support from 34 parliamentary councilors, while three abstained, and no opposition was recorded, with the attendance of Abdellatif Ouahbi, Minister of Justice.
In presenting the bill, the Minister of Justice clarified that this legislative text embodies the constitutional choices related to the judiciary, particularly regarding the protection of litigants’ rights and the rules of justice proceedings. He added that the bill aligns with comparative procedural laws and relates to relevant international charters, harmonizing with the recommendations of the new development model aimed at improving court performance and reducing adjudication delays by transitioning to an electronic court system, as well as enhancing coordination mechanisms among various actors in the justice system.
Ouahbi noted that the new law represent a “cornerstone” for other procedural laws and the “basic entry point for achieving substantive rights,” thus serving as one of the “most important judicial guarantees for protecting rights and freedoms and improving the quality of judicial services.” He emphasized that the bill is consistent with the digital transformation of the justice system with the goal of making the judiciary serve citizens and ensuring fair and equitable trial conditions within reasonable timeframes.
Regarding key amendments made to the bill by members of the Justice, Legislation, and Human Rights Committee within the House of Councillors, the Minister mentioned the removal of provisions related to fines to “ensure litigants’ right to access justice and to guarantee recourse to the judiciary” in line with constitutional legislative intent, particularly concerning the filing of lawsuits and presenting defenses and procedures for disqualifying judges.
Ouahbi also reviewed the reconsideration of the rules concerning lack of jurisdiction, which stipulate that the court or specialized division must issue a ruling independent of the motion regarding lack of jurisdiction, with the possibility of appealing within ten days from the notification date. He explained that if the appellate court rules on jurisdiction, it automatically refers the case to the competent court, and the appellate court’s decision is not subject to any ordinary or extraordinary appeal, with the lack of jurisdiction plea not being allowed to be raised for the first time before the Court of Cassation.
In this context, the Minister indicated a review of the value-based jurisdiction criteria for primary courts, where they will hear cases initially and finally where the value does not exceed 10,000 dirhams, while still retaining the right to appeal for all requests exceeding this amount, ensuring that broad segments of litigants are not deprived of the right to appeal.
Concerning strengthening the positive role of the judge in managing and organizing civil cases, Abdellatif Ouahbi confirmed that the bill includes provisions granting judges “procedural tools to reveal the truth and facilitate the resolution of lawsuits,” noting that this does not contradict the principle of judicial neutrality. Examples include requiring the court to notify parties to rectify proceedings and to submit documents and address incomplete data, in addition to conducting investigations and ordering the personal attendance of parties.
To effectively uphold the principle of the right to litigate, the same government official pointed out that the bill stipulates the possibility of submitting an appeal from the affected party through any court’s filing system, which will be immediately sent by the head of the registry to the competent court.
Regarding enhancing the right to defense, the Minister recorded that the bill affirms the role of lawyers in representing parties before the judiciary, even in cases where oral procedures apply, and bolstered “defense guarantees and the lawyer’s standing in civil cases.”
For their part, the parliamentary councilors highlighted the importance of the Civil Procedure Bill as “one of the most significant legislative texts governing judicial work,” due to its close connection to constitutional rights, particularly the right to litigate guaranteed by Article 118 of the Constitution.
The councilors also noted that the bill is consistent with the effective role of justice and constitutes a cornerstone in the institutional, legal, and legislative framework, representing “an important step towards addressing new challenges and enhancing citizens’ confidence in the judicial system.” They praised the revisions made to its provisions, considering them to offer “legal solutions to issues related to civil litigation” and as a crucial link in the ongoing reform of the justice system since the 2011 Constitution.
They also emphasized the importance of stipulating the digitization of judicial procedures, which they regarded as “a real challenge to enhance access to justice” and the transition towards the “digital court.” They indicated that this requires continued establishment of online platforms and portals, similar to creating a digital exchange platform with the bar associations and supporting judicial professions.
