This morning, Thursday, November 7, 2024, the President-Delegate of the Supreme Council of the Judicial Authority, Mohamed Abdel Nabaoui, and the representative of the Attorney General at the Court of Cassation, the Chief Public Prosecutor, the Minister of Justice, Abdel Latif Wehbe, Mr. Said Amzazi, the governor of the Souss-Massa region, governor of the Agadir Idaoutnan prefecture, and Mr. Ismail Abu Rights, Governor of the Prefecture of Inezgane-Ait Melloul, on the appointment of Mr. Mohamed Djakik as Attorney-General of the King at the Commercial Court of Appeal in Agadir,
The inauguration ceremony took place in the presence of Mr. Mohamed Karawi, the first president of the Commercial Court of Appeal in Agadir, along with a number of judicial officials, the head of the Bar Association in Agadir and Laayoune, the heads of the regional councils of justices, judicial commissioners and experts, as well as the presence of a number of members of the judicial profession and elected officials. And several civilian and military figures.
The inauguration session was chaired by Mr. Mohamed Al-Karawi, the first president of the Commercial Court of Appeal in Agadir, who opened it in the name of His Majesty the King. After exhausting all formalities and reading the document of appointment of Mr. Mohamed Jaakik as Attorney-General of the King at the Court of Commercial Appeal in Agadir and joining his seat next to the judicial body, the president of the session ordered the clerk to register He recorded the minutes of the session and recorded everything that was mentioned in it, after which he gave the floor to the appointed Attorney General in which he expressed his pride in the high confidence of the Mawlawi in appointing him as the King’s Attorney General for this court based on a proposal from the Supreme Council of the Judicial Authority in its last session.
Mr. Mohamed Jaakik, the Attorney General of the King at the Court of Commercial Appeal in Agadir, pledged to live up to the level of the Royal Highness’s trust and to the level of the gravity of the responsibility placed on his shoulders by working with all sincerity and determination in carrying out the tasks that fall within the scope of the powers of the Attorney General of the King at the Court of Commercial Appeal.
The judicial official recalled the broad powers of the Public Prosecution, which the legislator assigned to it in accordance with the amendment contained in Book Five of the Code of Commerce relating to the difficulty of entrepreneurship. The Public Prosecution’s judiciary has now assumed a leading and fundamental role in protecting the public economic order. It has also begun to assume a preventive and proactive role in dealing with issues of difficulty in entrepreneurship, and it has become the jurisdiction of the Public Prosecution. The public must submit original requests and articles whenever it notices or identifies indicators that would lead the company to run into difficulties in order to avoid this difficulty in a timely manner and contribute to saving the company and avoiding its collapse. It has also become one of the powers of the Public Prosecution to appeal rulings issued in cases of difficulty in the company in ten cases, as well as its powers. Tracking bankruptcy cases, preparing reports on them, and other powers that there is not enough time to list them all.
Mr. Mohamed Jaakik, the King’s Attorney General at the Commercial Court of Appeal in Agadir, considered that the Public Prosecution is called upon to activate these powers and procedures to achieve the desired goals, which are to address the difficulty and save the enterprise, which is considered the pillar and core of commercial and economic activity. We will be keen, firmly and effectively to activate these powers both at the level The Public Prosecution at the Court of Appeal within the scope of its jurisdiction or at the level of the Public Prosecution in its affiliated courts of first instance, in embodiment of the contents of the Royal Message addressed to participants in the Marrakesh Justice and Investment Conference on October 21 and 22, 2019, in which His Majesty affirmed that:
“As much as justice is considered one of the important keys in improving the investment climate, encouraging free initiative, and protecting entrepreneurship, the judiciary is called upon to play its essential role in keeping pace with this path and absorbing the challenges of the global economic circumstance and the national economic climate.”
On the other hand, the judicial official stressed that this Public Prosecution will firmly strive to activate the goals and axes of the strategic plan of the Supreme Council of the Judicial Authority, and in particular the axis related to support for commercial courts. This support, which the Supreme Council of Judicial Authority considered one of the priorities of this stage, and it also considered it an embodiment. The development model announced by His Majesty the King, may God grant him victory, is a model whose foundations include strengthening the national industry, which requires attracting, preserving and encouraging investments (pages 73 and 74 of the strategic plan). Activating this axis of the strategic plan related to commercial courts is linked to activating the rest of the other axes of it, which are mainly represented in: Achieving judicial efficiency by deciding cases within reasonable deadlines that encourage investment. In this area, this Public Prosecution will be keen to assist the court in preparing cases with all possible legal mechanisms.
On the other hand, Mr. Mohamed Jaakik also stressed that this Public Prosecution will be keen to activate the contents of the periodicals of the Director of the Public Prosecution, which urge the necessity of activating the role of the Public Prosecution in commercial cases to protect the public economic order. Emphasizing that the Presidency of the Public Prosecution gave the utmost importance and priority to the specialized commercial judiciary and directed several periodicals under the first, the officials of the Public Prosecutions in the commercial courts, on the necessity of activating their role and powers regarding the procedures of difficulty of contracting, and the second under the idea of developing a vision for a mechanism that would enable the Public Prosecution in the commercial courts to Adopting a preventive and proactive approach to the situation of companies experiencing difficulties. In the third letter, the Presidency of the Public Prosecution took the initiative to establish a scientific committee to prepare a guideline regarding the procedures for the difficulty of entrepreneurship. I had the honor of being chosen as a member of it, and we will be very keen to activate the contents of these periodicals.
This Public Prosecution will also work to activate the role of supervision and training and open and deepen the legal debate, whether through daily work or on the occasion of decentralized inspection, in order to unify work and enhance capabilities. This Public Prosecution will also engage in activating the process of modernizing the work in the facility and digitizing it to improve the quality of judicial service. It will also be keen to activate The role of the Attorney General as a regional ethics advisor is decisive and effective, ensuring that the values of the Code of Judicial Ethics are spread and adhered to.
The Attorney General of the King at the Commercial Court of Appeal in Agadir considered that this public prosecution should be an open public prosecution that interacts positively with institutions, especially institutions concerned with commercial cases, and will also work to activate the principle of communication with the various judicial professions associated with the justice system, out of the belief that communication and combined efforts contribute. Definitely improving this system.
Finally, the Attorney General at the Commercial Court of Appeal in Agadir recalled the phase of establishing this court, which was inaugurated today, stressing that all efforts will be made and all measures will be taken within the scope of the judicial administration to establish structures and distribute works, with tracking and accompanying, to ensure a successful and successful launch of work in this court and in these good areas. .
In this regard, the judicial official confirmed that, within a framework of cooperation and coordination with the First President, whose extensive experience in the commercial judiciary, especially in the Court of Cassation, will certainly enrich and add value to the judicial work of this court.
Mr. Mohamed Jakaek. The King’s Attorney at the Commercial Court of Appeal in Agadir. He joined the judiciary as a judicial attaché on October 5, 1982. He held many positions in the Moroccan judiciary, including, in particular, his appointment as a judge at the Court of First Instance in Rabat, then as Deputy Attorney at the Court of First Instance in Marrakesh, then a judge at the Court of First Instance. in Marrakesh, then an advisor at the Court of Appeal in Ouarzazate, then a president at the Court of First Instance in Ouarzazate, then a president at the Court of First Instance in El Sraghna Castle, then a president at the Court of First Instance in Agadir, then two presidents of a chamber at the Court of Appeal in Marrakesh, then a public prosecutor at the Commercial Court of First Instance in Marrakesh, then a public prosecutor at the Commercial Court of Appeal in Agadir. .
Professor Mohamed Jaakik has a good reputation and high credibility in managing judicial files in all the previous stations in the various courts in which he worked, which places him at the level of royal trust to raise the level of judicial performance of the Commercial Court of Appeal in the service of the judiciary and the litigants.
