Justice: “The Guardians of Ethics” start their functions
The implementation of the Code of judicial ethics has started. After its publication in the Official Gazette, the Superior Council of the Judiciary Power launched a series of measures for the effective implementation of this new tool. In addition to the Ethics Commission, created within the Higher Council, the ethics advisers, provided for by this Code, have also been appointed within the various courts.
A first meeting was held with these new “guardians of judicial ethics” last Thursday, June 21 in Rabat. This meeting, chaired by the Deputy President of the Superior Council, Mohamed Abdennabaoui, was an opportunity to take stock of the missions with which they are equipped, within the framework of the overall strategy of this body, “based on the reconstruction of the system of values in the judicial sector, through an approach consisting in awareness-raising, supervision, and repression”.
■ Commitments: Law 100-13 establishing the Higher Council instructed this body to put in place a code of ethics “setting the principles, values, and rules that magistrates are required to comply with when performing their duties”. Ethics advisors are appointed, under this code, within the various courts. According to Article 33 of this code, these advisers are “appointed within the various courts of appeal”. These are “the first presidents and the King’s attorneys general, according to their respective powers”. Speaking to these judicial officials, Abdennabaoui recalled that this mission “ imposes a series of commitments, set by Article 34 of the Code of ethics”. These include the «generalization of its provisions within the courts of their jurisdiction and the encouragement of magistrates to comply with such provisions». Added to this is “the support of judges facing constraints, problems or ambiguities in the application or interpretation of the articles of this code”. This must be done with “respect for the confidentiality of those requesting a consultation”. The Deputy Chairman of the Board of Governors also challenged these advisors on their other responsibilities, in particular with regard to the development of proposals or recommendations to be submitted to the Ethics Commission under this authority. They should focus on “the proper application of the code, with concrete measures in this direction, in addition to the proposal of training and awareness programs”. As for the annual activity report, provided for by the Code of ethics, Abdennabaoui called on these judicial officers to submit it at the end of next December.
■ Disciplinary proceedings: For the Deputy President of the Higher Council, “if the goal of this code is to protect the judiciary from all excesses and to restore the trust of citizens, the assimilation of such a code by the officials concerned by its application will make it possible to limit the case of disciplinary or legal proceedings, through the strengthening of their ethical sense”. The Deputy President of the Higher Council felt that ethics advisors must act as a “good father”, in particular by “providing advice to magistrates and encouraging them to surpass themselves in the exercise of their function”.
Khadija MASMOUDI
