The Committee on Justice, Legislation, Human Rights and Freedoms in the House of Representatives approved, Wednesday by majority, Bill No. 46.21 on the organization of the profession of bailiff, in the presence of the Minister of Justice Abdellatif Ouahbi.
The bill was approved by 17 deputies while six voted against and no abstentions were recorded.
Parliamentary groups and groups submitted 437 amendments relating to various articles of the bill, several of which were approved.
Among the most important amendments that were ratified are those relating to article 66, since the minimum age required to exercise the functions of sworn clerk was raised from 18 to 21 years, with the requirement to hold a a degree in legal sciences or Sharia or their equivalent, instead of the baccalaureate.
Likewise, article 35 was also modified by replacing the Caisse de dépôt et de gestion (CDG) with the court fund, while extending the deadline for placing sums or values which are in the custody of the bailiff in the court cash register within 48 hours instead of 24 hours.
Article 6 was also amended which provides for exemption from the competition to access the profession of bailiff for the benefit of sworn clerks with ten years of effective practice and holders of a license, within the limit of 25% of the positions to be filled.
-An amendment to article 108 was also approved, stipulating the removal of the prison sentence and the reduction of the financial penalty in the event that the judicial officer, himself or through another , carries out acts of advertising or promotion, the fine now being between 15,000 and 30,000 dirhams instead of 20,000 and 40,000 dirhams.
Furthermore, provisions have been introduced in favor of the representation of women in the structures of the Regional Councils of Judicial Officers. In this regard, a paragraph was added to article 145 which stipulates that “the proportional representation of judicial officers within the office of the Regional Council of Judicial Officers must be enshrined, in proportion to their number within the regional council concerned “.
The bill includes a series of provisions which specify the conditions of access to the profession of bailiff, its rights and obligations, in addition to the missions and procedures linked to this profession.
The provisions of the bill also include articles relating to sworn clerks and the conditions of exercise of the profession, control, research, inspection and discipline, as well as the creation of a national order of bailiffs. and the definition of its attributions and missions.
