On August 20, 2026, Law No. 66.23, which governs the legal profession in Morocco, officially came into effect following its publication in the Kingdom's official gazette, Number 7536, under the Royal Decree No. 1.26.75. This development follows a protracted period marked by disputes and protests between attorneys and the Ministry of Justice, reflecting the ongoing tension surrounding legal reforms.
The publication of this law comes at a time when the Moroccan Bar Association has announced a continued halt in professional services, a move that underscores the complexities of transitioning to a new legal framework. In the wake of the law's official announcement, numerous lawyers expressed their reactions through posts and articles on their Facebook pages, illustrating a spectrum of opinions regarding this significant change.
Among those who commented was lawyer Mohamed El-Haini, who expressed his frustrations in a brief post, criticizing what he described as “strange, mafia-like, and malicious entities” calling for civil disobedience, claiming, "This is a lawyer's perspective." Conversely, lawyer Sabri Laho, a member of the Meknes Bar Council and responsible for cultural affairs, penned a lengthy article questioning the implications of the new law. He titled it, "After the Publication of the Law on the Legal Profession! Where Did We Go Wrong?" In his analysis, Laho acknowledged the achievements of unity, resilience, and sacrifice among lawyers but lamented that the demands that had sparked their protests had not been fulfilled, particularly after the law's enactment.
Laho likened the current situation to a palace without an exit design, asserting that everyone feels trapped within this context. He urged a reassessment of protest strategies, suggesting that continuing with outdated methods may no longer achieve their intended goals. Furthermore, he criticized how the legal profession has been portrayed during this crisis, emphasizing the need for lawyers to maintain their relationship with institutions and the public, asserting that they operate within the law and respect established institutions.
For Laho, the enactment of the law does not signify the end of discourse; he believes that the legislation is subject to amendment or repeal. He reiterated that lawyers still possess legal and constitutional avenues to advocate for their positions, calling for a "re-deployment" away from despair and defeat. In a similar vein, Fatima Zahra Ibrahim, a lawyer from the Casablanca Bar, who has previously been contacted by our publication but chose to remain silent until now, emphasized in her post the Justice Ministry's commitment to collaborating with various stakeholders, particularly the Bar Associations, to implement the new law and revise related regulatory texts.
Ibrahim encouraged the Casablanca Bar Association to respond to this call by lifting the work stoppage and engaging in the law's implementation phase. She views this period as an opportunity for lawyers to actively participate in shaping the operational details that will define the future of their profession, especially regarding access to the legal profession and ongoing training.
Moreover, lawyer Najib Al-Adadi provided a legal perspective on the law's implementation, noting that the conclusion of the legislative process marks the "beginning of the implementation test," especially given that the law is taking effect amidst ongoing disputes between the Ministry of Justice and the Bar Association. Al-Adadi highlighted that the Constitutional Court had declared it "impossible to rule" on the referrals presented, suggesting that this decision should not be interpreted as a judgement on the law's constitutionality. He further posited that the law's implementation does not preclude continued discussions regarding its provisions through available legal means.
He argued that this new phase necessitates a balance between the independence of the legal profession, the rights of defense, and the rights of litigants, while ensuring the continuity of the justice system. The battle has now shifted from legislation to how the law will be implemented and an assessment of its outcomes. In light of this atmosphere, our publication attempted to reach out to several lawyers to gauge their stance on the law's official entry into the official gazette and the future of the work stoppage. However, many declined to comment, while others evaded providing a clear position, citing the ongoing strike.
As reported by goud.ma.
