Bill on the Organization of the Judicial Officer Profession Approved by the House of Representatives

The Commission on Justice, Legislation, Human Rights, and Freedoms in the House of Representatives adopted, on Wednesday, by a majority vote, Bill No. 46.21 regarding the regulation of the bailiff profession. The adoption took place in the presence of the Minister of Justice, Abdellatif Ouahbi, and garnered 17 votes in favor, 6 votes against, with no abstentions.

During the examination of the bill, parliamentary groups and factions proposed a total of 437 amendments related to various articles of the text, some of which were accepted. Among the notable amendments was one concerning Article 66, which raises the minimum age required to serve as a certified clerk from 18 to 21 years, while requiring possession of a degree in legal sciences or Sharia, or an equivalent diploma, rather than just a high school diploma.

Another significant amendment affects Article 35, revising the management of funds held by bailiffs. The former Caisse de dépôt et de gestion (CDG) has been replaced by the tribunal’s fund, and the time frame for the placement of amounts or valuables under a bailiff’s custody has been extended from 24 to 48 hours.

Article 6 was also amended to allow certified clerks with ten years of effective practice and a degree to benefit from an exemption from competitive exams to access the bailiff profession, limited to 25% of the available positions.

Additionally, the amendment to Article 108 was adopted, eliminating the prison sentence and reducing the fine for bailiffs who have engaged in advertising or promotional activities; the revised fine now ranges from 15,000 to 30,000 dirhams, compared to the previous range of 20,000 to 40,000 dirhams.

Furthermore, the bill introduces measures to promote the representation of women within the structures of regional councils of bailiffs. Article 145 has been modified to ensure proportional representation of female bailiffs within the relevant regional council’s office.

In summary, this bill clarifies the access conditions to the profession, the rights and obligations of bailiffs, as well as the procedures and missions assigned to them. It also introduces provisions for the establishment of a national order of bailiffs, with specific attributions, and outlines the modalities for oversight and discipline within this profession.