House of Representatives Adopts Government Bill 42.20 Amending Decree-law 2.20.292 Enacting Specific Provisions to the State of Public Health Emergency and Measures to Declare it
The House of Representatives adopted Government Bill 42.20 amending Decree-law 2.20.292 of Rajab, 28th, 1441 (March 23rd, 2020) enacting specific provisions to the state of public health emergency and the measures to declare it. The adoption took place on Tuesday, July 7th, 2020, in a plenary sitting chaired by Speaker of House of Representatives Habib El Malki with the participation of Minister Delegate to Minister of Interior Noureddine Boutayeb.
The Government Bill aims to void the provisions of Article 6 of Decree-law 2.20.292, relative to the suspension of the legislative and regulatory deadlines stipulated in the laws in force during the state of public health emergency (except for the deadlines that are relative to the appeals of people who are remanded in judicial custody and the durations of placement under police custody or pretrial detention.) The setting of said deadlines will be resumed on the day following the lift of the state of public health emergency.
In his presentation of the Bill, Minister Delegate to Minister of Interior Noureddine Boutayeb noted that the provisions of Article 6 would be replaced with other provisions that enable the Government, during the state of public health emergency, to suspend the deadlines stipulated in the legislative and regulatory texts in force when it deems that they hinder some people from exercising their rights or meeting their obligations in the fixed time-limit because of the measures taken by the competent authorities to limit the pandemic’s propagation. The new provisions also stipulate the referral to an organic law to determine the cases that dictate the suspension of said deadlines.
The minister Delegate recalled the context that forced drafting Article 6 at the start of the state of public health emergency in late March. In this context, he highlighted that the imperative and recurring extension of the state of public health emergency makes of maintaining the current version of the aforementioned Article 6 as a general rule a basis for several issues following the alleviation of the sanitary lockdown.
As part of the general discussion following the Minister Delegate's presentation, the representatives of majority groups and the groups and caucus of the opposition gave their statements. In this respect, they explained their positions regarding the Government bill and presented their proposals for better management of the situation that our country is undergoing.
The deputies extended their consideration and gratitude towards the valuable efforts and innovative initiatives taken by local authorities to limit the pandemic's propagation. They also commended the proactive vision of His Majesty King Mohammed VI, may God protect him, and the continuous follow-up of the Government and the concerned actors, which spared our country the terrible spread of this pandemic, and enabled it to overcome the crisis with least human and economic losses. Hence, the Kingdom has given a valuable lesson in solidarity, synergy, and unity, which will enable it to address the future with strong confidence.
Besides, the deputies considered the Bill under review to conform with the approach that enables the Government to decide, during the state of public health emergency, to suspend the deadlines stipulated in the legislative and regulatory texts in force, when it deems that they hinder some people from exercising their rights or meeting their obligations in the fixed time-limit due to the measures taken by the competent authorities. The Bill reflects the flexibility of the legal basis in such a difficult situation.
The deputies, representing the nation, called for more firmness, despite the gradual lifting of the sanitary lockdown, in implementing the health measures to contain the pandemic in professional, industrial, and business circles. For this purpose, it is imperative to act more firmly and raise the citizens' awareness, which the deputies consider a collective responsibility.
Additionally, the deputies called for balancing between obligations and rights and engaging the legislative institution in managing this phase. In this respect, they raised several pending issues that need to be addressed within the shortest possible time.