Ministry of Wahbi: Response to Human Rights Organization’s Observations on the Lawyers’ Law
In a detailed official response to the memorandum presented by the Moroccan Human Rights Organization regarding draft law No. 66.23 related to the regulation of the legal profession, Justice Minister Abdellatif Wahbi clarified the philosophy and contents of the project, emphasizing that it represents a “faithful and progressive implementation” of the constitutional provisions and the international commitments of the Kingdom, and does not undermine the independence of the profession or legal gains.
Wahbi affirmed that the ministry appreciates the engagement of civil society in the public discussion on justice system reform, considering that the legal profession occupies a central role in protecting rights and preserving freedoms, as per the 2011 Constitution and relevant international documents.
Reform in a Changing National and International Context
The ministry explained that the draft law aims to modernize the legal framework of the profession to keep pace with national and international transformations on institutional, economic, and legal levels, ensuring effective performance and reinforcing the constitutional role of lawyers. It also noted that the assessment of the organization’s observations was based on constitutional principles and international standards, headed by the United Nations Principles on the Role of Lawyers (Havana, 1990) and reports by the Special Rapporteur on the independence of judges and lawyers.
Functional Independence and Administrative Organization
The ministry rejected what it described as “a fragmented reading” of the Havana Principles, asserting that regulatory measures such as maintaining an electronic registry or notifying the ministry about opening offices do not constitute supervision over lawyers, but fall within the state’s duty to ensure legal security and quality defense. It confirmed that the legislative regulation of access to the profession, unifying training standards, and administrative transparency does not violate a lawyer’s independence but is part of the state’s jurisdiction.
Access to the Profession and Raising Qualification Levels
The ministry responded to the organization’s comments regarding the requirement of a master’s degree to sit for the entrance examination, indicating that legal complexities, international relations, and digitization of justice necessitate raising academic qualification levels. It assured that this measure aims to ensure that lawyers are competent in defending rights and freedoms, and is a protective measure rather than exclusionary.
Disciplinary System and Role of the Public Prosecution
The ministry explained that granting the advisory chamber of the Court of Appeal the authority to address appeals, along with empowering the public prosecution to initiate proceedings, enhances guarantees rather than weakens them, as the final decision remains with the judiciary.
Notifications and Administrative Organization
The ministry confirmed that the requirement for the dean and the council of the bar to notify the governmental authority does not imply endorsement or permission but represents an organizational necessity to enhance trust in the profession and protect litigants from impersonation.
Regulation of Foreign Offices and National Sovereignty
The ministry stated that granting the Minister of Justice the authority to permit foreign lawyers and offices is linked to national sovereignty and public economic order, aiming to protect Moroccan lawyers from the dominance of international firms while maintaining ethical oversight of foreign practices.
Digital Transformation and Electronic Notification
The ministry defended the adoption of a national identification number for lawyers and electronic notification through the national identity card to ensure judicial efficiency and combat evasion from notifications.
Prohibition of Protests Inside Courts and Facilitating Access to Justice
The ministry pointed out that the court’s hall is designated for resolving disputes, not for demonstrations, confirming that the freedom to protest is guaranteed, but must respect the rights of others and public order. It also clarified that certain exemptions from mandatory legal representation aim to facilitate access to justice and protect financially vulnerable groups.
Discipline in Sessions and Inspections
The ministry confirmed that granting the court the authority to draft minutes of violations reinforces the rule of law, and that inspecting offices or interviewing a lawyer in the absence of the dean balances the defense’s immunity with the imperatives of criminal investigations.
Ethics, Conflicts of Interest, and Seniority
The ministry argued for the disciplinary accountability of lawyers for dishonorable acts outside of their professional scope, and the prohibition of combining law practice with permanent teaching to ensure dedication and prevent conflicts of interest. It also justified raising the seniority requirement of 15 years to plead before the Supreme Court to ensure the quality of submissions and reduce non-serious appeals.
Financial Transparency
The ministry indicated that the requirement to pay fees exceeding 10,000 dirhams by check or electronically aims to enhance financial transparency, combat corruption, and protect the rights of both lawyers and clients.
In closing, the Ministry of Justice emphasized that draft law No. 66.23 seeks to balance the independence of lawyers with the state’s duty in organizing justice, enhance disciplinary efficiency, and elevate qualification standards to serve the interests of litigants. It underscored its openness to constructive and objective dialogue with professionals, fostering cooperation between the profession and the state according to Principle 25 of the Havana Principles.
