HIBAPRESS
The Regional Councils of Notaries in Morocco held a media meeting dedicated to presenting the updates of bill 16.22 related to the organization of the notary profession, where they warned of what they considered serious repercussions that may result from its adoption in its current form, whether at the level of the stability of the documentary system or at the level of contractual and social security in the Kingdom.
The councils affirmed at the beginning of the meeting that the project goes beyond being a normal organizational amendment, to pose – according to their assessment – structural problems that affect the balance of the profession and its historical roles in securing transactions, protecting rights and protecting the legal positions of citizens. They considered that any legislative imbalance in this field would have direct repercussions on the confidence in the judicial document, and on the stability of family, financial and real estate relations, which may be negatively reflected on social cohesion.
In this context, Professor Said Al-Saroukh, head of the Regional Council of Notaries of the Tangier Court of Appeal and head of the Foreign Relations and Communication Committee of the Executive Office of the National Body of Notaries, explained that the professional bodies expressed, since the early stages of discussing the project, their reservations through detailed memoranda and amendment proposals that concerned a number of essential provisions.
However, these proposals – in his words – did not find sufficient interaction during the legislative process, which deepened the notaries' concerns about the future of their profession.
He pointed out that the suspension of documentary work on April 18 and 19 formed a first warning step in order to sound the alarm and open the door to a responsible dialogue that would lead to a real review of the text, stressing that resorting to escalation was not a fundamental option, but a direct result of what he considered a dead end in the participatory treatment horizon.
For his part, Professor Idriss Al-Tarali, head of the Regional Council of Notaries of the Beni Mellal Court of Appeal and a member of the Executive Office of the National Body of Notaries, stressed that the project in its current form is dominated by the punitive nature, with the registration of an imbalance between rights and duties, which does not guarantee – according to his estimate – the provision of sufficient professional guarantees for the notary in exchange for the seriousness of the responsibilities placed upon him.
He stressed that notaries do not object to the principle of control or accountability, but consider them part of the rule of law, but they demand the establishment of a fair balance that ensures their empowerment with legal and institutional working mechanisms, and enhances their professional independence in a way that ultimately serves the interests of citizens.
Faced with what it described as the continued disregard for essential demands, the regional councils announced a national strike for a week, which includes the suspension of documentary work at the national level, as a step of escalating struggle aimed at alerting public opinion and decision-makers to the seriousness of the stage.
It affirmed that this strike comes in defense of the stability of the documentary system and the preservation of contractual security, and not targeting the interests of citizens, stressing that any infringement on the balance of the profession or the reduction of its powers without studied alternatives will lead to disrupting transactions and weakening the legal protection of the contracting parties.
It also explained that the decision to strike came after exhausting the various institutional dialogue mechanisms, and after a comprehensive assessment of the fate of the amendment proposals that were not adopted during the discussion of the project, considering that proceeding with the ratification of the text without a deep review may threaten the principle of equal opportunities and disrupt the balance of the legal system.
At the end of the statement, the regional councils called on the Prime Minister to urgently intervene to withdraw bill 16.22 and return it to the dialogue table within the framework of an effective participatory approach, which ensures the participation of professionals in the formulation of the texts framing their profession, and establishes a balanced reform that preserves the status of notaries and their historical role in consolidating documentary justice.
The councils reiterated their affirmation that defending the profession is, in essence, defending the stability of society and the confidence of citizens in their institutions, and that any reform that does not take into account these strategic dimensions will remain incapable of achieving the desired goals in developing the justice system and strengthening the rule of law.
