مسؤولية الدولة عن أعمال السلطة القضائية

Abstract EN

The Moroccan legislator has taken an important step forward in approving the State's responsibility for judicial error in Chapter 122 of the Constitution.

However, the legislator must intervene and expedite the enactment of a law to reduce the provisions of Chapter 122 and fill the legislative vacuum, The legal procedures to be followed by the victim of a judicial error, the determination of the specific jurisdiction, the definition of compensation conditions and the nature of the characteristics of the commission responsible for compensation.

Despite the requirement of the constitutional legislator to make a mistake as a basis for State responsibility for the work of the judiciary, which includes all images related to the malfunctioning of the judicial facility, the judicial process is a complex process and involves several organs, each contributing to the quality, legality and fairness of the judiciary.

, Through his palace on the error of the judge in the application of the legal text embodied through the judicial ruling, it would not prevent the administrative judge from the provisions of responsibility without error in cases where he sees it, and the administrative judge and in accordance with his role and jurisprudence, D solid legal and in line with the usual boldness and out of his philosophy aimed at the maintenance and freedoms of individuals own rights, is able to fill this void until the issuance of the legal text.