Ouahbi: “The principle of appeal for the unconstitutionality of a law, one of the pillars of the rule of law”


The principle of appeal for the unconstitutionality of a law is among the main pillars for the consecration of the rule of law, said Wednesday at Sala Al Jadida, the Minister of Justice, Abdellatif Ouahbi.

The minister, who spoke at the opening of an international conference organized by his department in partnership with the European Union and the Council of Europe, on “the appeal for unconstitutionality of laws in the Moroccan constitutional system”, indicated that the implementation of the organic law establishing the conditions and modalities of this appeal is likely to consolidate the rule of law and establish the role of the Constitutional Court in this regard.

During this meeting, which saw the participation of a host of lawyers, magistrates and constitutional academics and representatives of international bodies, Mr. Ouahbi underlined that the unanimous adoption, on January 9, 2023, by the Committee on Justice and Human Rights in the House of Councilors of Organic Law No. 86.15 establishing the conditions and modalities for bringing appeals for the unconstitutionality of a law testifies to the relevance of this text and the importance of the expected effects of its application, to preserve rights and freedoms during the different stages of a trial.

Emphasizing the objectives and purposes of this law, the role of the lawyer and his relationship with the Constitutional Court, the minister noted that the latter must have perfect mastery of legal tools, particularly in the aspect procedural related to appeals.

He reviewed, in this sense, the evolution of the control of the constitutionality of laws in the Kingdom since the Constitution of 1962, noting that this evolution reached its peak with the constitutional revision of 2011, which introduced new provisions making it possible to move from political control through the Constitutional Council to judicial control via the Constitutional Court.

And to note that the Constitutional Court is called upon to produce case law likely to consolidate the appeal procedures and optimize their use in the preservation of rights and freedoms, raising that the principle of appeal for the unconstitutionality of a law is of importance vital insofar as it constitutes a fundamental guarantee for the protection of citizens’ rights, the control of the constitutionality of laws and the achievement of constitutional justice.

For her part, the Ambassador of the European Union to Morocco, Patricia Llombart Cussac indicated that the participation of the EU in the activities of this seminar aims to enrich the discussions between Moroccan and European experts on the theme of constitutional justice. , as part of sharing the constitutional experiences of the 61 member countries of the Venice Commission of the Council of Europe.

In a statement to MAP, she noted that the ultimate objective of the appeal for unconstitutionality is to protect the Constitution and, therefore, to protect rights and freedoms, noting that this meeting “is part of a strong and reliable partnership between the European Union and Morocco, and in a global context which aims to safeguard universally recognized rights, and to strengthen the rule of law.

“This partnership is based on solid cooperation and common values ​​that we always strive to promote,” she said.

Along the same lines, Carmen Morte Gomez, head of the Council of Europe office in Rabat, said that this meeting, organized in partnership with the European Union as part of the “South program” financed jointly between the Council and the EU, aims to highlight EU good practices in this area and share them with Morocco.

It is also an opportunity to discuss the key experiences of Belgium, France, Italy and Egypt in particular regarding appeals for the unconstitutionality of laws, as well as to support the adoption process. of Moroccan law in this matter, she said.

For her part, the Director/Secretary of the European Commission for Democracy through Law (Venice Commission), Simona Granata-Menghini explained that the Commission, which is an advisory body of the Council of Europe on constitutional matters, its main tasks are to help develop constitutional texts and legislation, prepare studies and organize international forums to entrench the culture of rights and the modalities of application of the constitution throughout the world.

This two-day conference focuses in particular on the theme of the control of constitutionality, focusing on its theoretical and practical framework and its role in the promotion of the rule of law and the protection of constitutional rights, as well as on the problems which hinder the application of article 133 of the Constitution and the means to overcome them, in addition to the exchange of international experiences in the field.

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