Legal Safeguards Boosting Investment: Judicial Reforms in Morocco
Amid the 31st International Book and Publishing Fair in Rabat, a seminar jointly hosted by the Supreme Judicial Council and the Public Prosecutor’s Office examined the crucial roles of the judiciary and public prosecutor in protecting investment and regulating competition. This discussion gathered judicial officials, experts, and academics, emphasizing the importance of legal certainty and economic security in Morocco.
The Importance of a Stable Judicial Environment
The seminar highlighted significant reforms in Morocco’s judicial and legislative framework concerning investment. Muah Khoya, President of the Commercial Court in Agadir, stated that investment cannot flourish without a stable judicial environment that safeguards capital and businesses. He pointed out that the Moroccan legislator has introduced a series of mechanisms to support companies facing difficulties, ranging from confidential internal preventive measures to judicial resolution aimed at sustaining economic activity.
Khoya also noted that Moroccan commercial legislation includes incentives for investors during crises, while adapting to cross-border procedures to facilitate the international expansion of Moroccan firms and bolster legal security.
Judicial Governance: A Key Factor for Attracting Investment
Samira Zarroud, the first deputy president of the Commercial Court in Marrakech, underscored the critical role of judicial governance in attracting investments. She argued that commercial judges play a vital role in protecting corporate stakeholders, preserving industrial property rights, and ensuring the effectiveness of arbitration as a means of dispute resolution.
Zarroud indicated that commercial courts address economic transformations by tackling counterfeiting and unfair competition and are actively involved in arbitration disputes, enhancing legal certainty for investors.
Protecting Intellectual Property in an Economic Context
Focusing on intellectual and industrial property protection, Mohamed Mahboub, advisor to the Public Prosecutor, stressed that counterfeiting and piracy directly threaten investment appeal. He asserted that the Public Prosecutor’s Office has a regulatory and punitive role in ensuring fair competition and protecting the economic order.
He explained that the office’s actions can be initiated either by complaints from rights holders or automatically in cases affecting public order, particularly those involving trademarks or designs that violate national principles and official symbols. Furthermore, Mahboub emphasized the office’s role in supervising the seizure and destruction of counterfeit goods in collaboration with judicial police to combat economic crimes related to counterfeiting.
Arbitration as a Strategic Tool for Legal Security
Murad Fadilha, a director in the Legal Studies and Research Directorate at the Government’s General Secretariat, described arbitration as an increasingly strategic option for cementing legal security and safeguarding investments, especially with the implementation of Law 95.17 on arbitration and alternative dispute resolution mechanisms.
Fadilha noted that public contracts and investment agreements are increasingly relying on arbitration, despite ongoing issues related to cross-border disputes, such as enforcement immunity and the choice of applicable law.
Market Transparency and Economic Equity
Academic Roucham Taki emphasized the significance of market transparency in protecting competition and preventing monopolies. He argued that economic transparency has become a pivotal aspect of the economic public order, essential for consumer protection and ensuring equal opportunities for economic actors.
Taki called for enhanced disclosure mechanisms, digitization efforts, and expanded investigative powers in competition cases, suggesting a modern reimagining of the concept of “Hisba” to merge legal regulation with ethical standards in the marketplace.
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