House of Representatives Adopts One Parliamentary Bill and Five Government Bills, Two of Which to Update the Legal Arsenal Relative to Morocco’s Maritime Zones and Boundaries
The House of Representatives adopted in two plenary sessions convened on Wednesday, January 22nd, a parliamentary bill relative to consumer protection, and five government bills relative to fixing the boundaries of territorial waters of the Kingdom of Morocco, the establishment of an exclusive economic zone off the coast of Morocco, environmental assessment, the Code of Financial Jurisdictions, and the practice of forensic medicine. The sessions were chaired by Speaker of the House of Representatives Habib El Malki, with the participation of Minister of Foreign Affairs, African Cooperation, and Moroccans Abroad Nasser Bourita, Minister of Justice Mohamed Benabdelkader, and Minister of Energy, Mining, and Sustainable Development Aziz Rebbah.
In the first legislative session, the House unanimously adopted a parliamentary bill aiming at amending and supplementing Article 202 of Act 31.08 enacted by Dahir 1-11-03 of 14 Rabii I 1432 (February 18th, 2011) promulgating the introduction of measures for consumer protection. The Act stipulates the attribution of competences on disputes relative to consumption to courts of first instance rather than commercial courts while categorizing them as public order cases. This aims at the consolidation of consumer protection, restoration of the lost balance in consumer credit contracts, and the reinforcement of the legal protection of consumers.
In the second legislative session, the House unanimously adopted five government bills. The first was government bill 77.17 relative to the practice of forensic medicine. The bill sets the rules regulating the practice of forensic medicine, the functions of practitioners, their rights, duties, and the modalities of their recruitment by the competent judicial authorities. It also sets the rules of penalties for violations of the provisions of said Act.
The House of Representatives also unanimously adopted government bill 37.17 amending and supplementing the Dahir operating as Act 1.73.211 of 26 Muharram 1393 (March 2nd, 1973), which sets the boundaries of territorial waters, as well as government bill 38.17 amending and supplementing Act 1.81 stipulating the establishment of an exclusive economic zone of 200 nautical miles off the coast of Morocco.
On this occasion, Minister of Foreign Affairs, African Cooperation, and Moroccans Abroad Nasser Bourita reaffirmed in his statement before the House that “these bills are of huge importance to updating the national legal arsenal relative to Morocco’s maritime zones and boundaries.” He also highlighted that three main reasons enforce the presentation of these bills. First, the legal gap in the national legal system relative to maritime zones, noting that “the activation of the legislative procedure follows the directives set by HM King Mohammed VI in His speech given on the 44th anniversary of the Green March, in which he stressed on the importance of assimilating the territorial identity of the Kingdom of Morocco, which had changed following the Green March.” Secondly, the imperative of updating the legal system relative to maritime zones to precisely define the maritime zones under Morocco’s sovereignty and assert the Kingdom’s legal sovereignty over its entire maritime zones. The third reason, according to Mr. Bourita, is conforming national laws with international commitments, namely the provisions of the UN Convention on the Law of the Sea executed in 1982.
Mr. Bourita also highlighted that Morocco is committed to exercising its sovereign right of delimiting its territorial waters, but still open to dialogue with neighboring Spain. In this respect, he said that “Spain is more than just a neighboring country, but also a strategic partner and trusted ally with which we have long-standing and strong political, economic, and historical ties that are governed by cooperation, mutual respect, prioritizing constructive dialogue, and a philosophy of fruitful and positive partnership and good neighborliness.”
Following the statement of Mr. Bourita, majority groups and groups and caucuses of the opposition intervened during the general discussion. In this respect, they unanimously lauded this step, highlighting that the two bills constitute a solid pillar to the consolidation of Morocco’s sovereignty over its maritime zones, shedding light on the imperative of restoring the entirety of Morocco’s occupied territories. Additionally, they also lauded the role of parliamentary diplomacy and its dynamism, lead by the wise directives of HM King Mohammed VI, may God glorify Him.
As for government bill 39.19 amending and supplementing Act 62.99 relative to the Code of Financial Jurisdictions that the House unanimously adopted during the same session, the bill aims mainly at achieving harmony and coherence between it and the Organic Law 106.13 relative to the Statute of Magistrates, specifically in defining the legal retirement age, paid annual leave, and duration of maternity leave. The bill also aims at resetting the requirements and modalities of recruitment of some categories of applicants to financial jurisdictions, which would allow enticing skilled personnel of public institutions and enterprises.
At the end of the session, the House adopted government bill 49.17 relative to environmental assessment, which aims at assessing the strategies, programs, plans, and designs of sectoral and regional development, as well as the projects with potential impact on the environment. The bill also stipulates the implementation of environmental auditing, as stipulated in Framework Act 99.12 operating as National Charter on Environment and Sustainable Development. It also aims at overcoming some loopholes in Act 12.03 relative to environmental impact studies.