chargement...
Article 8-bis has been approved by the House of Representatives on the 12th of May 2017, a decision that went viral among lawmakers, lawyers and politicians in the country. Scandalous and unconstitutional, article 8-bis as explained by Lahbib Hajji, a lawyer and human rights activist who told Yabiladi that it is «giving the state a superior status» that cannot be violated.
Indeed, the infamous article indicates that «the funds and property of the State and local authorities may in no case be subject to seizure». In other words, people to whom the State is indebted cannot get their money back fully even if the court pronounced a ruling in their favor. Moreover, according to the article published on Qushq, an online newspaper : «in the case of a final court ruling (…) the depth of the state or the territorial communities shall be discharged within a 60-day period limit beginning from the date of the notification of the aforementioned ruling within the limits of the budget assigned to these establishments».
An «unconstitutional» article
«This article contradicts the philosophy of the constitution and the King’s speech that was delivered in the parliament», Hajji argues pointing out that people will lose faith in the rule of Law. The article which made its way to the second chamber of the parliament, if accepted will «broaden the gap between the State and the citizen» it will also include expropriation which is «unconstitutional» as Lahbib Hajji claims.
The article was first presented in 2015 and later on rejected but found its way through again the 2017 Finance Law. Hajji, who is also head of the Association for the preservation of Human Rights, has issued a statement against Article 8-bis. «Approving this article is going to affect the people, their rights and also lawyers», Hajji exclaimed referring to the situation that will occur once the article is applied. «Why would I act or advise on behalf of clients knowing that they won’t be able to execute the ruling and receive their money», he added.
Faced with criticism, the article is now in the house of councillors waiting for approval. Once accepted, those who are against its implementation can issue the matter to the constitutional court which is in charge of ensuring the effective primacy of the Moroccan constitution.
