Moroccan Adouls Demand Withdrawal of Bill 16.22, Warning of Threats to Legal Security
Adouls in Morocco have raised their voices, demanding the immediate withdrawal of bill n°16.22 concerning the organization of the adoul notary profession. They argue that this legislation undermines the independence of the profession and jeopardizes the legal and contractual security of citizens.
This stance was articulated during a national forum of adouls held in Fès, following a national scientific symposium that brought together academics, legal experts, and professionals in the adoul notary field. Speakers presented in-depth analyses of the bill, highlighting its dysfunctions and the negative impacts it could have on the profession.
Bill 16.22: A Controversial Reform
According to the adouls, bill 16.22 does not represent a genuine reform but rather a regressive legislative step concerning the principles of independence and neutrality that underpin the adoul notary profession. They believe that the text weakens the evidentiary force of the adoul act and reduces the role of the adoul to merely an administrative execution function.
Lack of a Participatory Approach
The statement also criticizes the absence of a real participatory approach in the drafting of the bill, emphasizing the disregard for the conclusions of prior discussions with the Ministry of Justice. The adouls view this method as contrary to the principles of good governance and the spirit of the Constitution.
Risks to Legal Security and Investment
The adouls warn against the consequences of adopting the bill in its current form, noting:
a weakening of trust in the adoul act;
increased legal insecurity;
negative repercussions on the business and investment climate.
Main Demands of the Adouls
The professionals are calling for:
the total and immediate withdrawal of bill 16.22;
the cessation of the ongoing legislative process;
the initiation of a reform process based on genuine consultation with the profession.
They are advocating for a new text that guarantees:
the complete independence of the adoul;
effective legal and professional protection;
the reinforcement of the official and evidentiary nature of the adoul act;
the modernization of competencies in response to economic and digital transformations;
social and professional guarantees, including the right to deposit.
Call to Parliament
The adouls remind that any reform must align with the High Royal Orientations regarding the judicial system reform and adhere to constitutional and international standards. Finally, they urge the Parliament to fulfill its responsibility in maintaining the balance of legal professions and the stability of transactions.
