Maghreb Center for Strategic Studies CESMA, January 8, 2022
Judicial reform has been one of the main recurring topics in the President’s speech, particularly since the declaration of the state of exception on July 25, 2021, given the central role of the judiciary in guaranteeing equality for everyone and the fight against impunity in all areas. This discourse focuses on the phenomenon of judicial corruption by noting not only the involvement of magistrates in the protection of networks of political and financial corruption, but also the complicity of the judicial structures concerned with corruption within the judicial system itself. In this regard, the Head of State mentioned the need for what he described as the “purification” of justice, which he considers to be a “function within the State”. This discourse goes hand in hand with the escalation of a campaign targeting the Superior Council of the Judiciary and certain magistrates, and in particular, a request for the dissolution of the Council, whose current composition expires in the fall of 2022.
In this context, the Head of State announced his intention to modify the legal framework governing the Superior Council of the Judiciary instructing the Minister of Justice to prepare a project to this effect, which was rejected by the Council at first and by the most important organizations and structures related to judicial affairs. On the other hand, fears of undermining the principle of separation of powers and their balance are very real.
To the extent that there is consensus on the need for judicial reform to establish an independent and effective judiciary, there is growing fear of proceeding with options that not only lack design and recognition, but also undermine the constitutional achievements obtained for the judicial system, in particular the guarantees provided for in chapter V of the constitution of January 27, 2014. Everyone’s attention is now focused on the frameworks and content of the constitutional reforms to come.
In this context, the Center for Strategic Studies on the Maghreb is organizing a scientific seminar entitled “Judicial reform in the context of the exceptional situation: A risky bet? on Saturday January 8, 2022, with the participation of representatives of the structures concerned by the judicial reform, in addition to academics and researchers.
