Strengths of the Moroccan Legal System
From International Business Wiki
Strengths of the Moroccan Legal System by Michelle Krupa
Firstly, Morocco is a constitutional and democratic monarchy similar to the United Kingdom. It contains all three systems of legality: executive, legislative, and judiciary. Within the executive branch, the King is the supreme representative of the Nation and the representative for all citizens, social groups and organizations. Subsequently, the government is composed of a Prime Minister with ministers under him. They, in turn are answerable to the King as well as the Parliament which is presided over by the King.(7)
The legislative branch (The Parliament) is composed of a House of Representatives and a House of Counselors which hold sessions twice per year. The House of Representatives members are elected to six-year terms by collective ballot. The House of Counselors members are elected from each region to nine-year terms by electoral colleges and elect or renew Board members every three years. The board is elected in proportion to size of the respective electoral groups.(7)
The judiciary branch, the most influential branch, is stated by Morocco’s constitution to be “independent from the legislative power and the executive power.” It consists of low level civil courts, regional courts, courts of appeal, a supreme court, and is brining Morocco up to speed with the rest of the modern world.(7)
The lower courts consist of first instance courts which deal with all affairs relevant to individuals. This also includes cases of the Mudawana, or Family Code of Laws, which has, in the last five years, been reformed by King Muhammad VI himself. Under the old Mudawana, women were, by law, forced to obey their husbands or male family members, divorce was only allowed to men, and they held no property rights. Those in abusive relationships often committed suicide due to the lack of recognition of women’s rights.(1,2, and 6)
Since 1990, attempts have been made to reform the Mudawana and by 2003, the reforms finally became a reality. With the new reforms, women no longer have to obey there husbands or male family members by law, a divorce can be legally obtained by a woman through the court, they share property rights with their husband, and polygamy has tighter restrictions. These reforms show how the Moroccan legal system is moving to a more truly democratic society.(1,2 ,and 6)
Headway has also been made by the supreme courts reform of the labor law. The reform mainly addresses these issues: employer-employee relations, working hours, holiday rights, equal opportunities, equal pay, right to join unions, maternity leave, child labor, and a number of others. Specifically, the new code allows: short-term contracts for one year in industry, fixes the duration of probationary periods, demands collective bargaining between government, unions, and employers, formalizes the right of workers to union representation, modernizes the system of workplace and health inspections, and institutionalizes the process of arbitration and conciliation.(3 and 4)
The new code advances employment legislation and brings it up to international standards. With labor being more flexible, investment is encouraged, more jobs are created, and workers interests are now protected.(3 and 4)
Overall, Morocco’s economy is growing rapidly stronger in the sense of it’s legal reforms. Presently, the country is working on trade reforms with the United States as a main benefactor. Soon, Morocco will be more open to foreign investors and, therefore, influences from the modern democratic societies it wishes to emulate.(5)
--69.254.25.205 22:01, 30 October 2007 (UTC)Michelle Krupa
Works Cited
1. "Analysis: Legal reforms for Moroccan women.(8:00-9:00 PM)(Broadcast transcript)." Weekend All Things Considered (March 6, 2004): NA. Academic OneFile. Gale. University of Central Florida. 30 Oct. 2007 <http://find.galegroup.com.ucfproxy.fcla.edu/itx/start.do?prodId=AONE>.
2. Kent Davis-Packard Contributor to The Christian Science Monitor (2003, November 12). Morocco pushes ahead :[ALL Edition]. Christian Science Monitor,p. 15. Retrieved October 25, 2007, from Christian Science Monitor. database. (Document ID: 443847271). <"http://ucfproxy.fcla.edu/login?url=http://proquest.umi.com/pqdweb?did=443847271&Fmt=3&clientId=20176&RQT=309&VName=PQD">
3. Morocco regulations: Labour law passed. (2003, November). EIU ViewsWire. Retrieved October 25, 2007, from ABI/INFORM Global database. (Document ID: 665046331). <"http://ucfproxy.fcla.edu/login?url=http://proquest.umi.com/pqdweb?did=665046331&Fmt=3&clientId=20176&RQT=309&VName=PQD">
4. Morocco regulations: New labour law viewed as big improvement. (2004, July). EIU ViewsWire. Retrieved October 25, 2007, from ABI/INFORM Global database. (Document ID: 675035201). <"http://ucfproxy.fcla.edu/login?url=http://proquest.umi.com/pqdweb?did=675035201&Fmt=3&clientId=20176&RQT=309&VName=PQD">
5. Morocco regulations: US ratifies free-trade deal. (2004, August). EIU ViewsWire. Retrieved October 25, 2007, from ABI/INFORM Global database. (Document ID: 701225461). <"http://ucfproxy.fcla.edu/login?url=http://proquest.umi.com/pqdweb?did=701225461&Fmt=3&clientId=20176&RQT=309&VName=PQD">
6. "Morocco: new family code is both progressive and backward." off our backs 34.9-10 (Sept-Oct 2004): 5(1). Academic OneFile. Gale. University of Central Florida. 30 Oct. 2007 <http://find.galegroup.com.ucfproxy.fcla.edu/itx/start.do?prodId=AONE>.
7. Touchent, Damene. Guide to the Morocco Legal System. Published on May 14, 2002. Retrieved October 25, 2007. <http://www.llrx.com/features/morocco.htm>
