The Importance of Investment in Economic Growth
Mouh Khoya, the President of the Commercial Court in Agadir, emphasized that investment serves as a fundamental lever for development and a driving force for the economy. It creates job opportunities and generates wealth, underscoring the necessity of fostering a robust economic force through encouraging investment. During a presentation titled "Aspects of Investor Protection Through Business Distress Procedures," held at the Supreme Judicial Council's booth on Sunday, as part of the International Publishing and Book Fair, Khoya asserted that whether domestic or foreign, an investor is unlikely to risk their capital unless supported by a clear and effective legislative framework. This framework must encompass business law, tax law, and labor law, alongside a specialized judiciary that ensures the swift application of laws protecting rights.
Khoya further elaborated that the procedures addressing business difficulties represent some of the most significant recent legislative advancements aimed at investors, whether they are creditors or debtors. He highlighted that the provisions in Book Five are designed to enhance legal security, encourage investment, protect businesses, and preserve job positions. He noted that the legislator has adopted a gradual approach to tackling business difficulties, beginning with internal prevention measures within companies under a cloak of confidentiality. Additionally, he mentioned external prevention measures supervised by the court president, which may involve appointing a special agent or mediation procedures before potentially moving to judicial settlements.
Judicial Governance and Investor Rights
Samira Zaroud, the First Vice President of the Commercial Court of Appeal in Marrakech, discussed "Judicial Governance in Protecting Investor Rights," pointing out that this governance aims to guarantee investor rights and safeguard their investments through the correct application of legal texts and transparency in resolving disputes fairly and without discrimination among litigants. Zaroud emphasized that judicial governance dictates how judges administer their work and authority in court, aiming to achieve justice and efficiency while enhancing investor confidence in the judicial institution. She referenced various laws that bolster and promote investment while ensuring economic security and stability, including the Investment Charter, tax regulations, corporate law, as well as arbitration and mediation laws, and laws protecting industrial property.
Mohamed Mahboub, a Director in the Office of the Public Prosecutor, addressed the "Protective Role of the Public Prosecution in Safeguarding Industrial Property Rights to Regulate and Encourage Investment." He raised concerns regarding the state's protection of intellectual property rights, particularly industrial property rights, especially in light of the rampant issues of counterfeiting, piracy, imitation, and unfair competition, which deter investment. Mahboub pointed out the legal protections afforded to industrial property rights, affirming that the legislator has provided special protection to combat infringements through preventive and judicial safeguards, while also highlighting the Public Prosecution's role in the field of industrial property and investment encouragement.
Furthermore, Mourad Fadail, an Attorney General at the Court of Cassation, delivered a presentation titled "The Clear and Unclear Aspects of Arbitration in Public Contracts." He stated that alternative dispute resolution methods encompass various forms aimed at achieving amicable solutions to allow for the continuity of relations between investors, with arbitration being at the forefront, contributing to achieving legal security, which is a crucial strategic goal and an irreversible choice.
In conclusion, the session featured a contribution from Professor Roucham Taki, a Higher Education Professor, who discussed regulating the economic public order concerning practices that restrict competition, titled "Market Transparency: From Guaranteeing Fair Competition to a Pillar of Economic Public Order." He reflected on the historical context of the state's role in the economy, elucidating that competition is not an end in itself but rather a means to achieve three strategic objectives: economic growth, resource allocation, and social welfare, linking them to social security and peace, which are deemed essential for investment.
As reported by hespress.com.
