A national database of addresses for more efficient justice
execution of judgements handed out by
the courts pretty well everywhere in the world, and Morocco is no exception. A pilot project, which could be expanded to all courts in Morocco, has been set up in Casablanca to facilitate the notification procedure. The idea is to create a national database of addresses. Any citizen who has changed address, should declare it to the relevant services, failing which they would have administrative services withheld… The European Union and the Council of Europe support the country in its efforts for judicial reform, to strengthen democratic reform in Morocco. A journalist from the EU Neighbourhood Info Centre followed a visit by the European Commission for the Efficiency of Justice (CEPEJ) to Morocco’s authorities, and sends us this report.
Text by: Safi Naciri
Photos by: AFP © EU / Neighbourhood Info Centre
www.enpi-info.eu
Morocco is no exception.
A pilot project, which could be expanded to all courts in Morocco, has been set up in Casablanca to facilitate the notification procedure. The idea is to create a national database of addresses. Any citizen who has changed address, should declare it to the relevant services, failing which they would have administrative services withheld… The European Union and the Council of Europe support the country in its efforts for judicial reform, to strengthen democratic reform in Morocco. A journalist from the EU Neighbourhood Info Centre followed a visit by the European Commission for the Efficiency of Justice (CEPEJ) to Morocco’s authorities, and sends us this report.
Text by: Safi Naciri
Photos by: AFP © EU / Neighbourhood Info Centre
CASABLANCA – “I’ve suffered a lot because of the procedures,“ says Zahra, a seventy-year-old living in a rural area. In the premises of Casablanca’s Court of First Instance, Zahra talks about the problems that she faced after her husband’s death, in order to have access to her share of the inheritance, because of prevarications between the beneficiaries among the children of the deceased.
And Zahra had to turn to a lawyer for advice. To her great surprise, the lawyer told her that procedural problems
led to cases being dragged out at court for a long time. So Zahra was forced to reach an agreement with the
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not represent the official view of the EC
beneficiaries to sell them her part of the inheritance, for half its real price. Zahra had to resort to this to avoid the maze of notification procedures…
The difficulties related to these procedures and the ways to avoid
or the EU institutions.
The EC accepts no responsibility or liability whatsoever with regard to its content.
them are among the subjects dealt with in Casablanca by a delegation from the European Commission for the Efficiency of Justice (CEPEJ), which was created by the Council of Europe.
In 2012, a joint programme between the European Union and the Council of Europe was launched. It aims to strengthen the political and democratic reform process in countries from the southern neighbourhood, especially in Morocco and Tunisia. In this context the CEPEJ was given the task of evaluating the operation of judicial systems in these countries.
EU Neighbourhood Info Centre
Feature no. 129
This is a series of features on projects funded by the EU, prepared by journalists and photographers on the ground or the EU Neighbourhood Info Centre.
© 2014 EU/Neighbourhood Info Centre
EU Neighbourhood Info Centre – Feature no. 129
A national database of addresses for more efficient justice
p.2
n A view of the inside of the Place Mohammed V courthouse in Casablanca
A judgement in absentia
Notifications are the cause of long delays
Here we are in Casablanca, in the heart of the metropolis. Visitors are attracted by the splendour of the buildings, which adjoin United Na- tions Square. The seat of the Court of First Instance is in this attractive area, which plunges visitors into the history of Casablanca. One of its rooms plays host to the meeting between the President of the Court and the members of CEPEJ. A calm discussion takes place, during which the President of the Court presents his guests with the results of the pilot project that CEPEJ offered Morocco during its first visit in order to facilitate the procedure for notifying judgements, in order for them to be executed within reasonable timeframes. The Vice Presi- dent of the Association of Bailiffs of Casablanca steps in the midst of the discussions. His aim is to complain about the negligible amount of fees for this category of judicial staff. According to him, the fees are no more than three euro for each certificate, for the efforts made to- wards this notification.
The President of the Court, Mr Abdallah Boujida, cuts in to state that progress has been achieved at this level that has made it possible to cut the time needed for notification from three or four years to only two months. For Mr Boujida, this change reflects the involvement of bailiffs in this pilot project and heads in the direction of more services coming from this category of judicial staff. The President of the Court made sure that he informed his interlocutors that the pilot project on notification has achieved real success in Casablanca and that it will subsequently be extended to all the courts in Morocco.
“Progress has been achieved that has made it possible to cut the time needed for noti- fication from three or four years to only two months.”
“The pilot project on notification has achieved real success in Casablanca and it will
Currently, the project envisages two scenarios for the submission of the notification of judicial
acts by the bailiff. The first consists of handing over the notification to the person concerned or to a member of his/her family and, if ever the bailiff cannot find who to hand the notification to, he will post it, which constitutes a summons sent to the person concerned. This is a first novelty. In the event that the person’s absence continues – which is often the reason for delay in the procedure of notifying judgements delivered by the courts – a second innovation consists in contacting the police services or the administrative district to find out their address. These services have 48 hours to reply to the bailiff. And in the event of a failure to identify the address, an official statement will be sent to the bailiff indicating that the person concerned is not known. As a result, the court will be able to deliver its judgement in absentia. So the wheels of justice will no longer grind to a halt.
European support for more efficient justice
The European Commission for the Efficiency of Justice’s initiative is part of the support programme provided for democratic reforms in the countries of the southern neighbourhood, led jointly by the Council of Europe and the European Union. The component on the quality of justice is based on several aspects in Morocco. The first aspect concerns the quality of justice in the three CEPEJ reference courts, Casablanca, Agadir and Sidi Kacem.
The second aspect is to do with the simplification of the notification via the proposal to create a national record of addresses. Here, a convention brings together the Ministry of the Interior and the Ministry of Justice and Freedoms on this file so that every citizen who has changed address has to declare it to the relevant services, failing which they will not be provided with administrative services. The third aspect relates to the Higher Institute of the Magistrature with, in particular, the training of trainers on CEPEJ tools covering judicial statistics, reasonable timelines for the procedure and justice quality indicators. The trainers, who were trained in November 2013, are now operational and are
putting in place the new tools on the ground.
subsequently be extended
to all the courts in Morocco.”
Subsequently, they will be in charge of the training of integrator officials. This aspect also
n Helene Jouy, a member of the European Commission for Efficient Justice (CEPEJ), Joao Arsénié de Oliveira, the head of the International Affairs Department, and Mathieu Chardon, the first secretary of the International Union of judiciary bailiffs and officers in Casablanca
EU Neighbourhood Info Centre – Feature no. 129
A national database of addresses for more efficient justice
p.3
n CEPEJ expert Joan de Oliviera (right) hands out documents during a judiciary training session in Rabat
“The trainers, who were trained in November 2013, are now operational and are putting in place the new tools on the ground. Subsequently, they will be in charge of the training of integrator officials.”
includes the introduction of modules for the management of courts and the functioning of jurisdictions. The last aspect deals with encouraging evaluation via inquiries targeting citizens and lawyers.
A charter for reform
The mission of the CEPEJ delegation in Morocco, led by Jacques Bühler, coincides with a public debate on the reform of justice and in particular with the publication of the Charter for the Reform of Justice.
This charter constitutes the fruit of a long period of reflection by Moroccan experts. It is a diagnosis, a road map, which, while setting out where things stand in terms of justice, defines ways to improve matters and sets goals to be achieved. The charter therefore unequivocally covers the many malfunctions that hamper the smooth operation of the sector in terms of the level of independence of justice vis-à-vis the executive, both in terms of the
ethics of the judiciary and the inefficiency of supervisory and transparency tools. The charter also puts its finger on the negative aspects of penal policy in Morocco, its anachronistic structures and the inefficient management of the sector.
On the basis of this diagnosis, the Charter for the Reform of Justice developed a vision, which in particular draws inspiration from the provisions of the new Moroccan Constitution, which was adopted in 2011. The charter stresses the principle of independence of judicial power and stresses the importance of raising the moral standards of the judicial system to immunise it against attempts at corruption and misdemeanour. This summary recommends strengthening the principle of transparency, supervision and professional responsibility. In conclusion, the charter puts forward the importance of ruling on cases and executing judgements within reasonable timeframes.
This last point – related to the simplification of the notification procedure – is particularly important for CEPEJ, which can only thank its Moroccan counterparts.
Joint programme: "Strengthening democratic reform in the southern Neighbourhood" (Morocco, Tunisia, Jordan)
http://www.coe.int/t/dghl/cooperation/cepej/cooperation/south_prog/default_EN.asp?
Launched in January 2012, this three-year programme aims to strengthen the democratic and political reform process in the southern Mediterranean countries following a demand-driven and targeted approach. The programme focuses on four spe- cific objectives:
1. Strengthening the efficiency and independence of the judicial system by improving the performances of the courts and by facilitating judicial reform
2. Promoting good governance thanks to more prevention of corruption and money laundering
3. Strengthening and protecting human rights, especially thanks to the prevention and fight against trafficking in human beings
4. Promoting democratic values in the region by using the support of existing Council of Europe networks
Budget:
€4.8m
To find out more
Council of Europe – the South Programme: website http://south-programme-eu.coe.int/default_EN.asp?
EU Neighbourhood Info Centre – themed page – Justice, Freedom, Security http://www.enpi-info.eu/thememed.php?subject=1&lang_id=450
eighbourhood Info Centre
An ENPI project
The EU Neighbourhood Info Centre is an EU-funded Regional Information and Communication project highlighting the partnership between the EU and Neighbouring countries. The project is managed by Action Global Communications.
www.enpi-info.eu
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