Evolution of the Competency Criteria of the Administrative Judge in Morocco

Siyouri Hind

doi:doi:10.11648/j.jpsir.20230602.13

| Peer-Reviewed

Evolution of the Competency Criteria of the Administrative Judge in Morocco

Siyouri Hind

Published in Journal of Political Science and International Relations (Volume 6, Issue 2)

Received: 10 February 2023 Accepted: 7 March 2023 Published: 31 May 2023

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

The identification of the area of competence of the administrative judge has historically constituted the main means of determining the scope of application of administrative law as an autonomous law. This study proposes to examine the criteria adopted by jurists to decide on the jurisdiction of the administrative judge in Morocco. Its purpose is to elucidate the position of doctrine and case law on this subject, via the presentation of jurisdictional decisions illustrating the temporal evolution and the socio-political context characterizing the choice of a given criterion in order to reconstruct its genesis, its historical context and its specificities. The work also tries to bring out the points of convergence and divergence between Morocco and France, exporting country of administrative law through colonial penetration, as to the elements which justified the competence of the administrative judge. The study revealed that the criteria adopted so that the administrative judge can rule on a specific case have known in Morocco an evolution varying between the use of the organic criterion: identification of the authority, of the person at the origin of the dispute, and recourse to the material criterion which consists of an examination of the situations encountered, the material facts or the legal acts at the origin of the dispute.

Published in	Journal of Political Science and International Relations (Volume 6, Issue 2)
DOI	10.11648/j.jpsir.20230602.13
Page(s)	49-53
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Administrative Law, Judicial Judge, Administrative Judge, Competent Judge, Organic Criterion, Material Criterion, Jurisprudence

References

[1]	ROUSSET, M. and BENABDALLAH, M-A., 2018, Moroccan administrative litigation, REMALD, Series: Current themes n° 118, p. 52.
[2]	ROUSSET, M., 1981, “Impact of the organic criterion on the treatment of administrative litigation”: RJPEM n° 10, pp. 39-50.
[3]	Canadian Art Review, 1936, p. 17.
[4]	Judgment Abassi Abdelaziz, November 25, 1966, Jurisprudence of the Supreme Court n°2, 1968, p. 102. (In Arabic), quoted in: ROUSSET, M., 1996, Administrative litigation: La Porte.
[5]	Dahir n°1-57-223 of 2 Rabia 1377 relating to the Supreme Court (official bulletin October 18, 1957).
[6]	Decisions Baddaoui Mohamed against Minister of Trade and Industry, January 26, 1977 and El Moumi Sadek, May 6, 1977, RJPEM, n°4, 1978, p. 273.
[7]	Supreme Court Administrative Chamber, No. 80, Jamila Sadiki v B. R. P. M. March 1, 1990.
[8]	ROUSSET, M., 1996, Administrative litigation: La Porte, p. 75.
[9]	ONCF against Kebira bent Mohamed, April 13, 1977: RJPEM n° 5, 1979, p. 173. (In Arabic).
[10]	Article 7 of the Algerian Code of Civil Procedure of June 8, 1966.
[11]	Supreme Court Administrative Chamber n° 310 of 31/10/1991, Saâd Ben Haj Saigh against the Royal Moroccan Football Federation and Commentary by ROUSSET, M., “From the criterion of administrative matters to the criterion of jurisdiction of the courts”: RJPEM, n ° 25.
[12]	Casablanca Court of First Instance, January 10, 1927.
[13]	Rabat Court of Appeal, January 9, 1945, GTM, 1945, p. 48.
[14]	Decision cited in: ROUSSET, M., 1996, Administrative litigation: La Porte, p. 79.
[15]	EL-YAAGOUBI, M., 2006, The protective judge of citizens in Morocco: between mimicry and empowerment: Imp. INFO-PRINT-FES, p. 16.
[16]	ROUSSET, M., 1995, "The Moroccan Administration: French administrative model and national administration". In: Mel. Peiser, G., PUG, p. 407.

Cite This Article

Plain Text BibTeX RIS

APA Style

Siyouri Hind. (2023). Evolution of the Competency Criteria of the Administrative Judge in Morocco. Journal of Political Science and International Relations, 6(2), 49-53. https://doi.org/10.11648/j.jpsir.20230602.13

Copy | Download

ACS Style

Siyouri Hind. Evolution of the Competency Criteria of the Administrative Judge in Morocco. J. Polit. Sci. Int. Relat. 2023, 6(2), 49-53. doi: 10.11648/j.jpsir.20230602.13

Copy | Download

AMA Style

Siyouri Hind. Evolution of the Competency Criteria of the Administrative Judge in Morocco. J Polit Sci Int Relat. 2023;6(2):49-53. doi: 10.11648/j.jpsir.20230602.13

Copy | Download

@article{10.11648/j.jpsir.20230602.13,
  author = {Siyouri Hind},
  title = {Evolution of the Competency Criteria of the Administrative Judge in Morocco},
  journal = {Journal of Political Science and International Relations},
  volume = {6},
  number = {2},
  pages = {49-53},
  doi = {10.11648/j.jpsir.20230602.13},
  url = {https://doi.org/10.11648/j.jpsir.20230602.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jpsir.20230602.13},
  abstract = {The identification of the area of competence of the administrative judge has historically constituted the main means of determining the scope of application of administrative law as an autonomous law. This study proposes to examine the criteria adopted by jurists to decide on the jurisdiction of the administrative judge in Morocco. Its purpose is to elucidate the position of doctrine and case law on this subject, via the presentation of jurisdictional decisions illustrating the temporal evolution and the socio-political context characterizing the choice of a given criterion in order to reconstruct its genesis, its historical context and its specificities. The work also tries to bring out the points of convergence and divergence between Morocco and France, exporting country of administrative law through colonial penetration, as to the elements which justified the competence of the administrative judge. The study revealed that the criteria adopted so that the administrative judge can rule on a specific case have known in Morocco an evolution varying between the use of the organic criterion: identification of the authority, of the person at the origin of the dispute, and recourse to the material criterion which consists of an examination of the situations encountered, the material facts or the legal acts at the origin of the dispute.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Evolution of the Competency Criteria of the Administrative Judge in Morocco
AU  - Siyouri Hind
Y1  - 2023/05/31
PY  - 2023
N1  - https://doi.org/10.11648/j.jpsir.20230602.13
DO  - 10.11648/j.jpsir.20230602.13
T2  - Journal of Political Science and International Relations
JF  - Journal of Political Science and International Relations
JO  - Journal of Political Science and International Relations
SP  - 49
EP  - 53
PB  - Science Publishing Group
SN  - 2640-2785
UR  - https://doi.org/10.11648/j.jpsir.20230602.13
AB  - The identification of the area of competence of the administrative judge has historically constituted the main means of determining the scope of application of administrative law as an autonomous law. This study proposes to examine the criteria adopted by jurists to decide on the jurisdiction of the administrative judge in Morocco. Its purpose is to elucidate the position of doctrine and case law on this subject, via the presentation of jurisdictional decisions illustrating the temporal evolution and the socio-political context characterizing the choice of a given criterion in order to reconstruct its genesis, its historical context and its specificities. The work also tries to bring out the points of convergence and divergence between Morocco and France, exporting country of administrative law through colonial penetration, as to the elements which justified the competence of the administrative judge. The study revealed that the criteria adopted so that the administrative judge can rule on a specific case have known in Morocco an evolution varying between the use of the organic criterion: identification of the authority, of the person at the origin of the dispute, and recourse to the material criterion which consists of an examination of the situations encountered, the material facts or the legal acts at the origin of the dispute.
VL  - 6
IS  - 2
ER  -

Copy | Download

Author Information

Siyouri Hind

Public Law and Political Sciences, Al Kadi Ayyad University, Marrakech, Morocco

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Siyouri Hind. (2023). Evolution of the Competency Criteria of the Administrative Judge in Morocco. Journal of Political Science and International Relations, 6(2), 49-53. https://doi.org/10.11648/j.jpsir.20230602.13

Copy | Download

ACS Style

Siyouri Hind. Evolution of the Competency Criteria of the Administrative Judge in Morocco. J. Polit. Sci. Int. Relat. 2023, 6(2), 49-53. doi: 10.11648/j.jpsir.20230602.13

Copy | Download

AMA Style

Siyouri Hind. Evolution of the Competency Criteria of the Administrative Judge in Morocco. J Polit Sci Int Relat. 2023;6(2):49-53. doi: 10.11648/j.jpsir.20230602.13

Copy | Download

@article{10.11648/j.jpsir.20230602.13,
  author = {Siyouri Hind},
  title = {Evolution of the Competency Criteria of the Administrative Judge in Morocco},
  journal = {Journal of Political Science and International Relations},
  volume = {6},
  number = {2},
  pages = {49-53},
  doi = {10.11648/j.jpsir.20230602.13},
  url = {https://doi.org/10.11648/j.jpsir.20230602.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jpsir.20230602.13},
  abstract = {The identification of the area of competence of the administrative judge has historically constituted the main means of determining the scope of application of administrative law as an autonomous law. This study proposes to examine the criteria adopted by jurists to decide on the jurisdiction of the administrative judge in Morocco. Its purpose is to elucidate the position of doctrine and case law on this subject, via the presentation of jurisdictional decisions illustrating the temporal evolution and the socio-political context characterizing the choice of a given criterion in order to reconstruct its genesis, its historical context and its specificities. The work also tries to bring out the points of convergence and divergence between Morocco and France, exporting country of administrative law through colonial penetration, as to the elements which justified the competence of the administrative judge. The study revealed that the criteria adopted so that the administrative judge can rule on a specific case have known in Morocco an evolution varying between the use of the organic criterion: identification of the authority, of the person at the origin of the dispute, and recourse to the material criterion which consists of an examination of the situations encountered, the material facts or the legal acts at the origin of the dispute.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Evolution of the Competency Criteria of the Administrative Judge in Morocco
AU  - Siyouri Hind
Y1  - 2023/05/31
PY  - 2023
N1  - https://doi.org/10.11648/j.jpsir.20230602.13
DO  - 10.11648/j.jpsir.20230602.13
T2  - Journal of Political Science and International Relations
JF  - Journal of Political Science and International Relations
JO  - Journal of Political Science and International Relations
SP  - 49
EP  - 53
PB  - Science Publishing Group
SN  - 2640-2785
UR  - https://doi.org/10.11648/j.jpsir.20230602.13
AB  - The identification of the area of competence of the administrative judge has historically constituted the main means of determining the scope of application of administrative law as an autonomous law. This study proposes to examine the criteria adopted by jurists to decide on the jurisdiction of the administrative judge in Morocco. Its purpose is to elucidate the position of doctrine and case law on this subject, via the presentation of jurisdictional decisions illustrating the temporal evolution and the socio-political context characterizing the choice of a given criterion in order to reconstruct its genesis, its historical context and its specificities. The work also tries to bring out the points of convergence and divergence between Morocco and France, exporting country of administrative law through colonial penetration, as to the elements which justified the competence of the administrative judge. The study revealed that the criteria adopted so that the administrative judge can rule on a specific case have known in Morocco an evolution varying between the use of the organic criterion: identification of the authority, of the person at the origin of the dispute, and recourse to the material criterion which consists of an examination of the situations encountered, the material facts or the legal acts at the origin of the dispute.
VL  - 6
IS  - 2
ER  -

Copy | Download