New Conditions for Executing Foreign Judgments in Morocco
Starting from August 24, 2026, Moroccan residents abroad, particularly those in Europe, will face new requirements for the enforcement of foreign court decisions in Morocco. This reform is particularly relevant for Moroccans living in countries such as France, Belgium, the Netherlands, and Spain, where legal judgments will no longer be automatically enforceable upon their arrival in Morocco. Instead, these judgments must undergo a process known as "exequatur," which involves obtaining recognition of their enforceability from a Moroccan court.
The principle of exequatur is not entirely new; it has existed previously. However, the upcoming changes in the Code of Civil Procedure, which has been published in the Official Bulletin, outline specific conditions under which Moroccan courts can either accept or deny the execution of decisions made overseas. This reform could impact a wide array of situations faced by Moroccans residing abroad, including the recovery of debts, alimony claims, family disputes, property issues, and certain implications of divorce judgments.
Moroccan judges will have to ensure that the foreign court did not rule on matters exclusively reserved for Moroccan courts and that its involvement was not the result of fraudulent jurisdiction shopping. Furthermore, all parties involved must have been duly summoned and represented during the proceedings. The foreign judgment must also be final in its country of origin and should not contradict any decisions previously rendered by Moroccan courts. Moreover, it cannot contain provisions that conflict with Moroccan public policy or applicable international treaties.
Reciprocity as a New Criterion
One of the most significant changes appears in Article 456 of the new Code, which introduces reciprocity as a criterion during the examination of exequatur requests. This means that Moroccan courts will now consider how the country that issued the judgment recognizes decisions from Moroccan courts. This condition was absent in the previous Code of Civil Procedure, making its application particularly important for judgments from countries that are major residences for Moroccans abroad.
The revised legislation also stipulates that, in cases where an appeal is made regarding the granting or refusal of exequatur, the court of appeal must make a decision within one month. A special regime remains in place for foreign judgments that dissolve marriages. Once exequatur is granted in Morocco, such decisions are generally not subject to appeal unless the public prosecutor intervenes on grounds of public policy violations.
Additionally, documents established abroad before public officials or officers will also be impacted. These documents can be enforced in Morocco under specific conditions, including possessing enforceability in their country of origin and not conflicting with Moroccan public order. This reform is part of Law No. 58.25 concerning civil procedure, published in the Official Bulletin of Morocco. The law will come into effect six months post-publication, specifically on August 24, 2026.
Thus, for Moroccans residing abroad, this does not signify the introduction of a completely new procedure but rather the establishment of a revised framework for the recognition and enforcement of foreign judgments in Morocco. The impact of the reciprocity criterion will ultimately depend on how Moroccan courts implement it.
As reported by bladi.net.
