Legal System Morocco

Morocco`s legal system is based on a new, modern constitution of 2011, whose implementing laws and regulations form the basis for a more open and democratic society, greater decentralization, modern institutions, and a renewed rule of law in general. Morocco has a dual legal system consisting of secular courts based on the French legal tradition and courts based on the Jewish and Islamic traditions. 1. Marriage is validly contracted by an offer from one of the parties and acceptance by the other party in any accepted expression from which the meaning of the marriage derives orally or conventionally. (2) Persons who cannot speak may lawfully give consent if they can read and write, and if they cannot write, any clear sign understood by the other party and witnesses is legally sufficient.[90] The Moroccan judicial system includes ordinary and specialized courts. Under Morocco`s 2004 family law, a highly contested reform aimed at empowering women, avoiding their vulnerability, and creating a trend in Muslim North Africa was passed and supported by King Mohamed VI.[107] The 2004 reforms gave women the right to divorce their husbands and own property and property acquired during marriage, and severely hampered a husband`s ability to disown his wife. However, there are still areas where women want to improve, underage marriage and the practice of polygamy, which are still allowed at the discretion of a judge in this country of 34.3 million inhabitants, where it is estimated that 31% of the population is under 14 years old.[108] Today, 10% of all marriages in Morocco involve minors. Custody of women under the new family laws ensures that a Moroccan mother no longer automatically loses custody if she remarries or moves to a city other than where her husband lives. However, a mother can still lose custody of her children over the age of seven if she remarries and her husband requests it. She can only obtain a legal guardian for her minor children in cases where the father is dead or legally incapacitated.[109] According to Maliki Muslim laws as interpreted in Morocco, sisters inherit less than half of their brothers` share of inheritance. If there was no male heir, the daughter still did not receive the full inheritance, and part of her parents` fortune went to her aunts and uncles.[110] Moroccan women have made significant progress in the field of work and the overall quality of women`s employment has improved.

More women are in paid positions (24.7 per cent of women report being in paid employment), the number of women in managerial positions has increased, and a greater proportion of women in the labour market have a graduate degree. While female wage earners are significantly more educated than men in urban areas, women still work in non-status jobs, such as caregivers, homeworkers or cleaning staff. The social protection system linked to the formal sector excludes most female workers in this type of employment[111]. There are 7 administrative courts established by a 1991 law. Administrative tribunals are widely respected. There are plans to establish administrative courts of appeal. Appeals are currently being lodged with the Administrative Chamber of the Supreme Court. There is an independent system of SAIs at central and regional level. They are considered so important in the institutional structure of the judiciary that an entire title of the Constitution is dedicated to them. There are eight commercial courts and three commercial courts of appeal, which were established in 1997. These courts hear commercial cases in which the value of the dispute exceeds 20,000 dirhams and the dispute concerns commercial contracts, commercial paper or goods.

The commercial courts supervise the operation of the commercial register, which consists of local registers attached to the local courts and a central register under the Ministry of Commerce. Their goal is to register all people who trade. – ensure consistency between administrative acts and legislation[41]. Morocco has significant problems with illegal migration, human trafficking, transnational terrorists, marijuana (hashish) production and trafficking, and commercial smuggling due to its long and poorly controlled border, extensive coastline and proximity to Europe. Smuggling of commercial goods and trafficking in human beings could eventually be sources of income for terrorists[71]. Because of these problems in Morocco, it is very difficult for the country`s law enforcement agencies to fight crime effectively. Morocco is also one of the world`s largest producers and exporters of cannabis. The value of this illicit trade is estimated at $13 billion per year[72].

However, the United States has set targets to support Moroccan law enforcement and has funded and established programs. The ordinary courts are divided into three levels: (a) courts of first instance; (b) courts of appeal hearing appeals against decisions of the Court of First Instance; and (c) the Court of Cassation, the highest court that decides only on the points of law at issue and not on the facts of the case. There are also specialized courts, in particular commercial courts and administrative courts. The country of Morocco has 4 state prisons. Prisons are overcrowded with unsanitary conditions. These unhealthy conditions include minimal hygiene, medical care is usually absent, and diseases are widespread.[50] Other problems of these prisons are overcrowding. The country`s prisons house up to 80,000 inmates in a system designed for less than half that number. What further aggravates overcrowding is that while some prisons are half empty, in others the only place to sleep for some prisoners is the toilets.[51] Morocco has several prisons housing men accused of terrorism. Two of these prisons are Zaki prison in Saleh and Oukakasha prison in the port city of Casablanca. The king is hereditary.

The Prime Minister is appointed by the monarch. In the House of Councillors (Majlis al-Mustacharin), 270 members are indirectly elected for a 9-year term. In the Chamber of Deputies (Majlis al-Nuwab), 295 members are elected for a 5-year term by closed list proportional representation, and 30 members are reserved for women for a 5-year term.[30] Members are elected indirectly by local councils, professional associations and working groups. One third of the members are renewed every three years. 295 MPs are elected in 95 multi-seat constituencies. The thirty reserved seats come from a national list of women.[31] The parties may also appeal to the Supreme Court within 30 days of service of the appeal decision. The Supreme Court decides on questions of law and not on the facts of the case and may decide whether to allow an appeal (in which case it sets aside the contested decision and asks the parties to appeal to the lower court) or to dismiss it. The health care system is organized according to a pyramidal hierarchy. Primary health-care facilities (clinics, urban and rural health centres and local hospitals in rural districts for the public sector); Medical practices and clinics for the private sector) are the first resort for patients. They provide preventative and promotional care as well as outpatient treatment.[19] The Moroccan legal system is a mixture of several from all over the world.

The Moroccan legal system is a combination of Muslim and civil law.[77] Civil law originated in continental Europe and consists of a truly written code. It is a rational code (based on reason) that is universal (applies to all). The secular system includes municipal and district courts, courts of first instance, courts of appeal and a Supreme Court. The Supreme Court is divided into five chambers: criminal, criminal (civil), social, administrative and constitutional. The Special Court may convict officials on the basis of charges brought by a two-thirds majority of the entire Majlis. There is also a military court for cases involving military personnel and sometimes for cases involving state security. The Superior Council of the Judiciary regulates the judiciary and is headed by the King.