Justice Minister Abdellatif Ouahbi has taken an unprecedented step by deciding to personally appear before the Competition Council to address the controversial new bill governing the legal profession. This direct involvement comes as the Council reviews formal challenges regarding specific provisions within the proposed legislation.
A Dispute Over Professional Access
The Fédération démocratique du travail (FDT) recently petitioned the Council to review several provisions they argue contravene principles of competition and equal opportunity. Central to the union’s grievance is a proposed change to the maximum age for the legal aptitude exam, which would see the limit lowered from 45 to 40 years.
The FDT has characterized this age restriction as a form of discrimination that contradicts constitutional guarantees of equality. They further noted that certain foreign nationals may currently practice under bilateral agreements without being subject to these same age constraints.
Beyond age limits, the union has criticized the exclusion of specific professional groups from direct access to the legal profession. This includes court clerks and legal agents within public administrations, despite their roles being closely tied to judicial and legal matters.
Institutional Oversight and Legislative Timelines
In response to these concerns, the Competition Council has requested that the government suspend the discussion and voting process for the bill until a formal opinion is published. While the Council has expanded its scope of review beyond the initial union request, its findings will remain purely advisory.
The Minister of Justice, who is currently traveling abroad, is scheduled to be heard by the Council. Following this, the Minister may choose to either comply with or disregard the Council’s advisory opinion, and the Commission of Justice, Legislation, and Human Rights at the Chamber of Councillors is slated to begin its examination of the bill this coming Monday.
The Stance of the Legal Community
Despite earlier tensions, the legal community appears to be favoring institutional advocacy over direct escalation. A recent meeting of the Conférence des bâtonniers did not result in the mass resignation threats that had been discussed following the bill’s adoption by the Chamber of Representatives.
The final communiqué from that meeting reaffirmed confidence in the Association des barreaux du Maroc. The organization is expected to continue its advocacy efforts with both the government and Parliament as the legislative process moves toward its final stages.
Frequently Asked Questions
What are the primary reasons for the FDT’s challenge?
The FDT is contesting the reduction of the maximum age for the legal aptitude exam from 45 to 40 and the exclusion of certain categories, such as court clerks, from direct access to the profession.
Is the Competition Council’s opinion binding on the government?
No, the Council’s opinion is advisory, meaning the Minister of Justice can choose whether or not to comply with its recommendations.
Has the government agreed to pause the bill’s progress?
To date, no government decision has been made to suspend the debates, despite the Competition Council’s request to do so.
How should a government balance professional regulation with the principle of equal opportunity?
