The confrontation between Moroccan lawyers and the government continues to escalate, as the Moroccan Bar Association (ABAM) has resolved to extend its strike which has been ongoing since the beginning of the year. This decision followed a marathon emergency meeting of the association's council that took place on August 27th in Rabat, which was initially scheduled for September 5th but was convened earlier due to pressing circumstances.
The meeting commenced at 10:30 AM and concluded around 8 PM, after which the association's bureau gathered to deliberate on the next steps for the strike. Their discussions extended into the early hours of Friday, August 28th. In the aftermath of these deliberations, ABAM announced the continuation of the suspension of professional services, with a detailed statement expected to be released later that day to outline the conclusions and decisions made during the meeting.
This extension effectively prolongs the open-ended strike that commenced following the vote on Law 66.23 in the second chamber on June 23rd. Over the past few months, lawyers have voiced their dissent regarding not only specific provisions of the reform but also the manner in which it was formulated and adopted. The association has criticized the lack of adequate consultation and claims that several provisions infringe upon the independence of the legal profession and the autonomy of its governing bodies.
Constitutional Court's Ruling Complicates Matters
Another significant factor contributing to the ongoing mobilization is the recent ruling by the Constitutional Court, which stated its inability to decide on the constitutionality of Law 66.23. In a decision issued on August 10th, the court explained that it could not rule on the matter due to procedural shortcomings. The President of the House of Representatives had referred the law to the Constitutional Court for review, but the documentation provided to the court lacked essential elements, including the version of the law as adopted by the House of Advisors during its second reading.
The court emphasized that the oversight mechanism outlined in Article 132 of the Constitution pertains to laws only after their final adoption and requires that the text submitted for review be the same as that which the court must examine. Consequently, the absence of a compliant copy of the law rendered the court unable to undertake its review, leading to a significant decision that has generated considerable discussion and prompted calls for the continuation of the strike among Morocco's bar associations.
Impact on the Justice System
The ongoing suspension of professional services is creating serious repercussions for the functioning of the justice system. Voices within the legal profession have emerged advocating for a return to regular activities, highlighting the adverse effects on litigants, inmates, and the backlog of cases in courts. Despite these concerns, ABAM has opted to maintain pressure on the government. The anticipated announcement on Friday is expected to clarify whether the current suspension of services will continue as is or if it will be accompanied by new forms of mobilization.
As reported by mobile.telquel.ma.
