الصعوبات القانونية و العملية في التقاضي عن بعد المغرب نموذجا

الملخص EN

The electronic court has become a reality in this world of willingness to work hard and continuously develop until the development of judicial work and its transfer from the traditional method of relying on written papers to electronic papers organized under advanced electronic technology.

the remote litigation system requires significant resources to establish electronic infrastructure, starting with computers and connecting it to global electronic networks, training human resources in the skill of using electronic judicial systems, creating a human staff specialized in electronic protection and cybersecurity, repairing and maintaining electronic devices and programs, and establishing continuous development courses for judicial staff, in addition to collective awareness through periodicals in newspapers, magazines and video and audio programs in local channels, the importance of transforming to electronic litigation and its features and ways of using it.

through this study, we have reached a number of findings and proposals, the most important of which is the inequity of the current legal texts distributed to more than one law for recent developments in technological progress in the field of electronic devices, some may fit, but others need to be radically modified, and other cases where the legal text governing them is absent, which requires the development of processing texts, in addition to the fact that traditional legal tests applicable in electronic litigation are characterized by inflexible interpretation to keep pace with recent developments in the field of technology communications, which we see through the failure of current laws to adopt the provisions for the activation of electronic transactions, electronic writing and the use of electronic signature in judicial disputes.

among the most important proposals included in the study, the moroccan legislator urged the issuance of unified legislation for electronic judicial procedures, including the role of electronic devices in substantive and procedural laws, formalizing the actions taken by the electronic court, electronic signature of papers and procedures taken by the court, in which the electronic register and its archives are regulated, supported by deterrent penalties for violators of the electronic judicial system, whether issued from within or outside the court, and urged professors of academic curricula in universities and the higher institute of to eliminate the introduction of academic curricula specialized in computer systems and electronic communications in the faculties of law and the higher institute of justice, including practical training programs for judges, their aides, lawyers and law students to overcome difficulties in the application of electronic litigation systems.