As a result, a decree was recently issued in the Official Gazette related to the law of judicial organization to establish an appeals court and a commercial court in the city of Dakhla, and then create two administrative courts in Laayoune and Dakhla.
Law experts and researchers believe that the creation of commercial and administrative courts comes within the framework of the political status that the two regions have become, after they became an important destination for domestic and foreign investment.
These researchers confirm that bringing about a change in the Moroccan judicial organization, by creating courts in these southern cities, was not arbitrary, but rather the business and investment climate requires the presence of a specialized judiciary, and to avoid the incurring of litigants, whether foreign or local, to move between Laayoune or Dakhla to the city of Agadir and Marrakesh, which are far from them. by a long distance.
It is noteworthy that changing the judicial map of the Kingdom comes within the framework of a new plan by the Ministry of Justice aimed at bringing the judiciary closer to the citizen, according to sources from the Ministry of Justice.
Finally, in the Official Gazette No. 7079, the decree issued to implement the provisions of the Honorable Dahir was issued as a law relating to the judicial organization of the Kingdom, and a draft decree related to changing and supplementing the decree issued to determine the number of commercial courts and commercial courts of appeal, their headquarters and jurisdictions.
This decree raised the number of appeal courts from 22 to 23, following the decision of the Minister of Justice to create an appeals court in Dakhla, then adding a commercial court in Dakhla and another in El-Ayoun, which will raise the number of commercial courts of first instance to 10 courts. Determining the number of commercial courts in 10 courts, by creating two administrative courts in Laayoune and Dakhla.
In this regard, Lawyer Abdelali Al-Safi, an expert and researcher in law, said in an interview with “Sky News Arabia” that the creation of a general court of appeal in the city of Dakhla would guarantee human rights guarantees for a fair trial first, then provide judicial and legal security, and then enable the citizen to obtain A court ruling in a reasonable time and of quality, i.e. quantity and quality together.
Al-Safi recommends the same for establishing commercial and administrative courts in both El-Ayoun and Dakhla, after they were jointly affiliated with the Agadir Administrative and Commercial Courts of First Instance and the Marrakesh Courts at the level of appeal of the same type or specialization (commercial and administrative).
The same lawyer believes that the Dakhla Valley Valley region, in addition to their political position, has become an important destination for domestic and foreign investment, pointing out that this investment is looking for a good business environment for reassurance, and the most important elements of good business is the presence of a public judiciary specialized in the commercial and administrative fields, at a lower cost, whether material or effort. and judicial security.
The legal expert pointed out that the Guelmim region has an appeals court, while the regions of El-Ayoun and Dakhla do not have commercial and administrative courts, despite the economic boom witnessed by the region as a whole and the region in particular, as well as the rapid demographic growth and urbanization of its cities, as well as its area and distance from Agadir by more than 600 km. .
The spokesman explained to the “Sky News Arabia” website, that Dakhla has a Court of First Instance affiliated to the Appeal Court of El-Ayoun, which is more than 500 kilometers away from it, and its influence has a vast geographical area in cities or population centers, including Al-Arkoub, Al-Amili, Bir Anzran, Kleibat Al-Fula, Umm Drika, Mejib, Lagouira, Aousserd, Bir Kunduz, Aguinet, Zuk and Tesla.
Al-Safi went on to say, “The fact that the outskirts of this side are separated by scattered population gatherings makes the issue of access to the judiciary very difficult, especially in its second degree of litigation. It contravenes constitutional requirements, especially Article 118 of the Constitution, which guarantees the right to litigation for every person to defend his rights and interests that are protected by law.”
The researcher in legal affairs stated that the justice system reform charter spoke of legal and judicial security and insightful access to justice as basic principles for reforming the justice system in general.
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