In accordance with the provisions of the first paragraph of Chapter 113 of the Constitution, the Council shall ensure the implementation of the guarantees granted to judges. To this end, the Council shall ensure the management of their career according to the principles of equal opportunities, merit, competence, transparency, impartiality, and parity, and in compliance with the criteria provided for in this Organic Law and the conditions by the Organic Law on the Status for Judges.
All decisions on the professional status of judges issued by the Council or its President-Delegate are justified.
The Council shall take into consideration the following criteria in the management of judges’ careers:
The Council shall also take into account the performance assessment reports, the reports of the General Inspectorate of Judicial Affairs and the reports of judicial officials.
Additionally, in application of the provisions of the last paragraph of Chapter 116 of the Constitution, the Council shall consider, with regard to the judges of the Public Prosecution, the evaluation reports submitted by the Prosecutor-General of the king before the Court of Cassation in his capacity as President of the Public Prosecution.
Appointment of judges and judicial officials
The Council shall appoint judges to the judiciary and determine their judicial positions.
It also appoints judicial officials in various Appeal Courts and First-Degree Courts.
Pursuant to the provisions of chapter 57 of the Constitution, the King shall consent, by Dahir, the appointment of judges to the judiciary.
The King shall also approve, by Dahir, the appointment of judicial officials in various Appeal Courts and First-Degree Courts.
The Council shall take into account, when appointing new judges:
Judges shall be appointed to the positions of responsibility provided for in the provisions of the Organic Law relating to the Statute for Judges, for a period of four (4) years renewable once; however, their appointment may be terminated before the end of the term.
The judicial officials may, at the expiry of the aforementioned period, be appointed to positions of responsibility in jurisdictions different than those in which they have assumed responsibility.
The General Secretariat of the Council shall compile a list for vacant positions of responsibility, which shall be disseminated throughout the courts and by all available means. The General Secretariat shall receive applications from judges or judicial officials to occupy these vacancies, addressed by judges or judicial officials.
The following shall be fixed by order of the Council:
The Council shall consider applications for vacant positions of responsibility in accordance with the criteria prescribed in Article 72 below.
The Council shall hold an interview with the interested applicants, during which they shall express their conception of the possible ways to carry out the duties of the judicial administration.
In the event that no candidates are selected nor are applications received, the Council shall appoint judicial officials according to the same criteria.
The Council may, as the interests of the judiciary require, appoint a judicial official to assume other functions of judicial responsibilities at the same lever.
The Council shall consider, in particular, when appointing judicial officials or renewing their appointment:
The Council shall also take into account the reports prepared by the Minister of Justice on the performance of judicial officials in supervising and overseeing the administrative management of courts, without prejudice to the independence of the judiciary.
The Council may appoint judges at the second grade, for a period of five years, to assume the duties of assistant advisers at the Court of Cassation.
Promotion of Judges:
The Council shall draw up the eligibility for promotion list for the current year.
Judges who have been sentenced to temporary suspension from work shall not be included in the eligibility for promotion list for a period of time determined by the Council's Rules of Procedure.
The list is published throughout Courts, on the Council's website, and by all available means before the end of January of each year.
Judges may, if necessary, send to the Council within five (5) days from the date of publication, requests for rectification of the said list.
The Council shall decide on these requests within five (5) days from the date of receipt.
The Council’s decision to refuse to rectify the eligibility for promotion list is subject to appeal before the Administrative Chamber of the Court of Cassation within seven (7) days from the date of its notification by all available means.
The Administrative Chamber of the Court of Cassation shall decide on the request within fifteen (15) days by a non-appealable judgment.
The Council shall take into account when promoting judges
Furthermore, the Council takes into consideration, with regard to Public Prosecution judges:
The General Secretariat of the Council draws up a list of vacant positions in various courts, which is thereafter disseminated throughout jurisdictions, on the Council's website and by all available means. The General Secretariat shall also receive judges’ applications for these vacancies.
The General Secretariat of the Council shall notify each judge of the receipt of their application of transfer and of the action taken on it.
The Council shall take into account, when examining the transfer of judges:
In addition to the above, the Council shall also consider the conditions laid down in its Rules of Procedure regarding the transfer from one court to another.
Judges may be delegated only in accordance with the conditions and criteria provided for by the Organic Law on the Statute for Judges.
The Council shall decide, within fifteen (15) days, while taking into account the interval between Council sessions, on the complaints brought against it by the delegated judges in accordance with the provisions of the Organic Law of the Statute for Judges.
D- Attaching judges and placing them in a state of secondment or leave without pay
The President-Delegate of the Council shall decide on requests concerning the detachment of judges or placing them in a state of secondment or leave without pay, after consulting a special committee composed of the Prosecutor-General of the King before the Court of Cassation and four members appointed by the Council as follows:
With the exception of cases that may prejudice the rule of law, judges shall not be placed in detachment or secondment, except when it is absolutely necessary to protect interests and after the consent of the judges concerned; and in accordance with the cases and conditions stipulated by the organic law on the Statute for Judges.
The Council shall be notified of all decisions taken in accordance with the provisions of the paragraph 1 above.
The Council shall appoint or propose, as the case may be, any judge who shall be invited to chair a body or a commission, to take on board membership, or to perform any temporary or permanent mission, in accordance with the laws and regulations in force.
Liaison judges shall be appointed by a joint decree of the President –Delegate of the Council, the Minister of Justice and the Minister of Foreign Affairs and Cooperation, following the selection procedure, which shall fall within the competence of the Ministry of Justice.
Resignation notices submitted by judges shall be filed with the General Secretariat of the Council, in exchange for a receipt fixed in date, and shall be submitted to the Council for a decision within a maximum period of sixty (60) days, without taking into account the interval between Council sessions.
If a decision is not reached within the time limit specified, the resignation shall be considered acceptable.
Before the end of March of each year, the President-Delegate of the Council shall draw up a list of judges who will attain the retirement age or complete the extension period during the following year, and shall notify the judges concerned.
The judges concerned may, where appropriate, submit to the President-Delegate of the Council requests for rectification of their situation.
In particular, the Council shall consider when examining the possibility of extending or renewing the retirement age limit for judges:
The Council decides on cases presented to it at least six (6) months before the date on which the retirement age limit is reached, or the end of the extension term.
The Council shall have the capacity to rule on any breach of duty that may be imputed to a judge as provided for by the organic law on the Statute for Judges.
The President-Delegate shall be notified of all breaches of duty which may be imputed to a judge and which may be subject to disciplinary proceedings.
The Council's rules of procedure prescribe the procedures for the handling and addressing of complaints and grievances .
Disciplinary proceedings may not be initiated until the necessary inquiries and investigations have been carried out.
In accordance with the provisions of the third paragraph of Chapter 116 of the Constitution, experienced inspection judges shall assist the Supreme Council of the Judicial Power in the disciplinary matter.
Inspection judges conduct inquiries and investigations under the supervision of the Inspector General of Judicial Affairs
The President-Delegate of the Council shall bring the results of the investigations and inquiries to the attention of the Council, which shall decide to either dismiss the case or appoint a judge-rapporteur of a rank higher than or equivalent to that of the judge concerned, taking into account seniority in the judiciary.
The President-Delegate shall notify the judge concerned of any breach attributed to him/her as well as of the name of the judge-rapporteur in charge of his/her case.
If necessary, the judge concerned has the right to recuse the judge-rapporteur before the Council. This shall result in the suspension of all proceedings until the Council has ruled on the recusal application.
The judge-rapporteur shall conduct all necessary inquiries and investigations, including holding a hearing for the judge in question and for anyone who shall benefit the hearing.
The judge-rapporteur shall summon the judge concerned to a hearing. The summons shall indicate the day, time, and place of the hearing, as well as the alleged breach for which the judge is responsible and the applicable legal Articles, with the condition that the interval between the date of receipt of the summons and the date of the hearing is at least seven (7) days.
The judge concerned shall have the right to examine all documents and take copies of them, at least three (3) days before the fixed date of the hearing.
The judge concerned has the right to remain silent during the hearing.
The judge concerned has the right to take a copy of the transcript of his/her hearing right as soon as it is signed.
The judge-rapporteur shall draw up a detailed report which shall be deposited with the General Secretariat of the Council, in which, where appropriate, mentions that the judge concerned missed the hearing without a valid excuse, despite being duly summoned.
The Council shall decide, after having taken cognizance of the report of the judge-rapporteur, to either dismiss or refer the concerned judge to the Council, if gravity emerged in respect of the breach attributed to the judge.
The judge concerned shall be notified of the decision taken.
The President-Delegate of the Council may, after consulting the ad-hoc commission mentioned in Article 79 above, temporarily suspend the judge concerned from his duties if he/she is facing criminal proceedings or has committed a serious offence, in accordance with the provisions of the organic law on the Statute for Judges.
The decision to temporarily suspend the judge shall stipulate whether the person concerned shall keep his/her salary during the period of suspension or determine the amount to be deducted from it, excluding the family remunerations, which he/she receives in their entirety.
The Council shall be informed, at its first assembly, of the measures taken so as to decide on the action to be to be taken.
The disciplinary proceedings file shall contain all documents relating to the acts attributed to the accused judge, including the decision of the judge-rapporteur.
The prosecuted judge may be assisted by one of his fellow judges or by a lawyer.
The concerned judge or the person assisting him/her shall have the right to access all documents relating to the case and take copies thereof after the judge-rapporteur has submitted his report
The prosecuted judge shall be summoned at least seven (7) days before the date on which the Council shall convene to examine the case. The summons shall include the details referred to in paragraph 4 of Article 89 above.
If the judge fails to appear without a valid excuse, despite being duly served a summons, the case shall be decided in absentia.
The judge-rapporteur shall present his report in the presence of the prosecuted judge and his/her defenders.
The judge concerned shall provide explanations and defenses regarding the acts allegedly attributed to him. The President and Council members may direct any questions they deem relevant to the judge-rapporteur and the prosecuted judge. The defense of the prosecuted judge may also direct any useful questions through the intermediary of President or upon his permission.
Disciplinary cases shall be adjudicated within a maximum period of four (4) months from the date of notifying the judge concerned of the referral decision. However, the Council may, upon a reasonable decision, extend this time limit only once and for the same period.
This time limit shall apply to the prosecuted judges only after a judgment possessing the force of res judicata has been pronounced.
If the Council does not adjudicate on the situation of the suspended judge within four (4) months from the date of the execution of the suspension decisions, the judge shall be reinstated in his/her functions and his/her financial and administrative situation shall be regularized, unless he/she is the subject of a criminal prosecution.
The Council may order supplementary investigations to be carried out by the same judge-rapporteur or by another judge-rapporteur of a rank higher than or equivalent to that of the judge concerned
Disciplinary proceedings shall prescribe after:
Prescription shall be discontinued by each inspection or investigation procedure carried out by the judge-rapporteur.
The Council shall ensure respect for and commitment to judicial values and shall promote a culture of integrity and ethical behavior, in order to foster the independence of the judiciary. To this end, it shall take all measures it deems appropriate.
The provisions of the second paragraph of Chapter 109 of the constitution prescribe that any judge who considers his or her independence is jeopardized shall refer the matter to the Council by means of a report which he/she shall file directly with the General Secretariat of the Council, or he/she shall possess all available means do so.
Pursuant to the foregoing Article, the Council shall receive referrals from judges whenever an attempt to influence them in an unlawfully manner occurs, and shall conducts, should the need arise, the necessary inquiries and investigations, including holding a hearing for the judge concerned and anyone that may be of interest to the hearing.
The Council shall take the appropriate measures or refer the matter, if necessary, to the Public Prosecution if it appears that the act of a criminal nature.
The Council shall elaborate, after consulting professional associations of judges, the code of judicial ethics which contains the values, principles and regulations that judges must abide by in the exercise of their judicial duties and responsibilities, with the aim to:
The Code of Judicial Ethics shall be promulgated in the Official Gazette.
The Council shall establish, in accordance with Article 52 of the present organic law, an ad hoc commission on judicial ethics which shall monitor and surveil judges' compliance with the said Code.
The President-Delegate of the Council shall be entrusted with tracking judges’ assets.
He shall always have the right to, after the approval of Council members, estimate through inspection the value of assets of judges, as well as the value of assets of their spouses and children.
Every judge whose assets have witnessed a significant increase during the performance of his/her duties, to which he/she cannot provide a valid justification, shall be the subject of disciplinary proceedings.
Pursuant to the provisions of the second paragraph of Chapter 113 of the Constitution, the Supreme Council of the Judicial Power, shall draw up, on its own initiative, reports on the state of the judiciary and the justice system and shall issue appropriate recommendations.
These reports shall include proposals seeking to:
In addition to the report stated in Article 61 above, the Council shall submit to the King an annual report in which it details the results of its activities and its future prospects.
A copy of this report is sent to the Head of the Government before it is promulgated in the official gazette.
The Council shall receive reports on the state of the judiciary and the justice system, especially from:
If so requested by the Council, the competent authorities must provide information, data and documents that shall assist the Council in carrying out its functions.
In application to the provisions of the third paragraph of Chapter 113 of the Constitution, the Council shall, upon the request of the King, the Government or one of the Houses of Parliament, express detailed opinions on any matter pertaining to justice, subject to the principle of the separation of powers, in particular on the following projects and topics:
The Council shall express its opinion within a period not exceeding sixty (60) days from the date of receipt. This period shall be reduced to twenty (20) days if a case of urgency and the reasons for it are stated in the referral letter sent to it.
The Council may, exceptionally, request an extension of the abovementioned time limits, in the event of its inability to express its opinion within the said time limits.
The head of the Government, the Presidents of the House of Representative and the President of the House of Counsellors shall inform the Council of the action taken on the opinions expressed by it.
The Council may, within its area of competence, establish cooperation and partnership relations with similar foreign institutions as well as with foreign bodies interested in justice issues, with a view to sharing knowledge, experiences and exchanging expertise, in coordination with the governmental authority in charge of foreign affairs and cooperation and after notifying the Ministry of Justice.
Section16, CP 1789, Hay Riyad, Rabat