Digital Commons Network^™

Dismissal In Case Law, Farid El Bacha

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

With rare exceptions, the analysis of social jurisdiction has focused on its institutional aspect rather than on its rule-producing, jurisprudential dimension—reflecting a perception that little can be expected of a court integrated into the State and applying outdated law, and the image of a social judge insensitive to the demands of justice and equity, a mere servant of the law preserving the established order. The author argues that this view must be nuanced: it is possible to speak of a creative social jurisprudence, illustrated through the particularly sensitive terrain of dismissal. Examining the judge's real role and freedom in the …

Historical Foundations And Nature Of Social Protection In Morocco, Faouzi Britel

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Although the term "social security" appeared only late in a legal text—the American Social Security Act of 14 August 1935—the underlying concept is far older. As early as 1794, a convention appeal proclaimed the principle of universal social and retirement protection, asserting the citizen's right to work when able, to education as a child, and to public assistance in infirmity or old age, and calling on the nation to enshrine such rights within an organized democracy. The full consecration of the expression "social security" nonetheless awaited the Universal Declaration of Human Rights of 10 December 1948, which guaranteed security against …

The Distinctive Features Of Civil Liability In Matters Of Occupational Accidents, Ahmed Mikou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Analyzing the distinctive features of civil liability in occupational accidents first requires clarifying the very terms of the subject. While the notion of civil liability calls for little comment—designating the body of rules obliging the author of harm caused to another to repair that prejudice by compensating the victim—the notion of occupational accident warrants closer attention. In its strict sense, an occupational accident implies a sudden accidental event linked to the performance of work under an employer's authority, during working time and on the workplace. Although this strict meaning better matches the definition, practical and legal usage adopts a broader …

Elements For A Critical Evaluation Of Moroccan Labor Law, Abdelghani Dhimene

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Unlike other branches of private law, labor law is at once pragmatic, realistic, and expansionist. It is pragmatic because it serves as the State's privileged instrument of political and economic action, used to intervene in the labor market and general economic conditions in order to secure the welfare of the most disadvantaged segment of the population, the working class; public authorities thus readily steer the national economy through regulation of apprenticeship, dismissals, and the enterprise, channeling the workforce toward sectors requiring expansion or contraction. It is expansionist because its scope, once confined to industry and manual workers, has progressively extended …

Law And The Social Field, Rachid Filali Meknassi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Social law is arguably the legal discipline that most explicitly refers to society, yet this very designation is doubly misleading—first because of the nature of law's object, and second because of the plurality of meanings carried by the term "social." Jurists consistently stress that "social law" cannot designate a branch of law devoted to studying society, as commercial law studies merchants and commercial acts, since all law is defined by reference to the rules governing relations within society. Likewise, because "social" is commonly opposed to "economic," the term is often misused to denote moral or humanitarian action, evoking organized forms …

Social Law Since 1956: What Assessment?, Mohamed Larbi Benotmane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Is it possible to draw up an assessment of Moroccan social law since 1956? The author argues that the more fruitful question is not whether such an assessment is possible but how it can validly be established—what elements would make the inventory complete and meaningful. These elements cannot be confined to the strictly legal field; they must be sought in at least three further domains: the economic, the ideological, and that concerning the implementation and results of social policy. Methodologically, a sound assessment of social law must therefore draw simultaneously on legal science, political science, and labor economics. Moving beyond …

The Craftsman And Labor Legislation: Which Status?, Abdelhak El Khyari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Craftsmanship occupies a privileged place in Morocco's national economy: with an estimated 800,000 to one million artisans, the sector is the second-largest provider of employment after agriculture and a significant source of foreign currency through exports. Paradoxically, the craftsman holds the most precarious status of all workers—lacking even minimal social protection, occupying a highly ambiguous position under labor legislation, and, in certain branches such as child labor in carpet-making, subjected to exploitation bordering on slavery. This study highlights the manifest failure of public authorities to protect the artisan, whether as an independent worker or as an employee. As an independent …

Reflections On The Assessment And Reform Of Labor Law, Mohammed Said Bennani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

While the judiciary may legitimately be the subject of interpretive scholarly discussion—whether through the reasoning underlying its judgments or in the wider debate carried out in journals, seminars and academic gatherings—the organization by the Faculty of Legal, Economic and Social Sciences of Casablanca of a colloquium on "Social Law: Assessment and Prospects" set out to move beyond purely descriptive papers on existing legislation toward critical, multidisciplinary reflection on labor issues, aiming to contribute positively to the reform of labor law. The author, writing as a defender of the judiciary, reflects on this dual theme of assessment (bilan) and reform. He …

Social Law Facing The Multi-Structural Nature Of The Labor Market, Jamal Eddine Tebbaa

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

A legal analysis of the foundations of social law in Morocco first requires understanding its social field of application—the employment market. A statistical study of employment, while useful, reveals above all the complexity of situations and statuses of the labor force, reframing the problem of social law in terms of how far legislation can adapt to the multi-structural nature of the labor market. This communication pursues three objectives: to assess the target population covered by current legislation; to identify the labor market's plural structure in order to understand how different legal and social forms of labor mobilization are articulated; and …

The Question Of Integrating The Occupational Accidents And Diseases Scheme Into Moroccan Social Security: Between Its Advocates And Its Opponents, Ali Ammi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This contribution addresses the question of integrating the occupational accidents and diseases scheme into the social security system, examined through the positions of its advocates and opponents. The author clarifies that this does not imply the existence of opposing doctrinal currents within Moroccan social-law scholarship—some calling for integration, others against it—since such currents do not in fact exist. Rather, the issue of merging the occupational accidents and diseases scheme has been raised by a segment of Moroccan legal scholarship for a considerable period, dating back to the early 1970s, and this group continues to call for integration so long as …

The Legal Status Of The Ship's Captain, Ahmed El Youssfi El Berqi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Although the Moroccan Maritime Trade Code devotes numerous provisions to the ship's captain, it offers no definition of the position. Drawing on the various powers set out in these provisions, the captain may be understood as the person who lawfully commands the ship, oversees its technical and administrative management, and exercises the different authorities granted by maritime law and custom. While in earlier times the shipowner was often the one who commanded the vessel, the growing complexity of commercial activity led owners to entrust technical and administrative operation to an experienced seafarer. This study traces the legal status of the …

The Protection And Compensation Of Workers For Occupational Accidents And Diseases: Between Effectiveness And Social Security, Lhoussine Oulkaid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The contemporary world shows sustained interest in social security as a direct consequence of the expanding risks that have become an inseparable part of human life, driven first by the introduction of machinery into industrial labor and later into transport. Such risks may threaten the worker's life, diminish their productive capacity, and cause widespread harm, drawing legislators' attention to the protection of workers as the basic building block for achieving development and escaping underdevelopment. Originally, social protection covered industrial injuries arising from workers' contact with unguarded machines and exposure to chemical or mineral substances—producing numerous orphans, widows, and disabled persons—before …

Labor Councils And Committees: A Contribution To The Study Of Consultative Administration In The Field Of Labor, Mohammed Acharki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

In Morocco, the participation of the parties concerned with labor—workers and employers—is not limited to bodies directly competent in employment and related matters; it extends to institutions of general national jurisdiction. Two essential institutions illustrate the scope granted to occupational and labor representation: the first, of a political nature with decision-making authority, is embodied in Parliament; the second, of a socio-economic nature with consultative powers, is reflected in the Supreme Council for National Development and Planning. Drawing on Article 43 of the Constitution of 10 March 1972 and the constitutional involvement of trade unions, professional chambers, political parties and local …

The Reality Of Collective Agreements And Their Contribution To The Development Of Social (Labor) Law, Abdellatif Khalfi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

For a long time, employment relations were strictly individual, confined to the link between an employer and each worker separately. This situation did not endure: labor relations evolved toward a collective dimension, bringing together not the employer and a single worker but the employer and the whole body—or at least a group—of employees. Contemporary labor relations thus moved beyond the individual worker–employer relationship to become a relationship between the two factors of production, labor and capital, each increasingly organized within trade union structures that regulate the relationship in place of the individual contract. This article studies the reality of collective …

The Chamber Of Deliberation Between The Explicit Legal Text And Judicial Reality In Social Matters, Amhamed El Amrani Zantar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The historical development of labor law has revealed the distinctive nature of the individual employment relationship, which differs from other individual contracts due to the structural imbalance between its parties and the worker's need for substantial protection. With the rise of social doctrines and theories of economic intervention, the legislator was required to intervene effectively to secure this protection and to address new forms of relationships and disputes unknown to classical private law, giving rise to new principles and institutions. Within this framework, the study examines the role of the chamber of deliberation (chambre du conseil) in social litigation, analyzing …

Collective Bargaining: Outcomes And Prospects, Abdelaziz El Atiqi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study examines the concept of collective bargaining and its significance within labor relations. It distinguishes a narrow sense—negotiations and compromises organized to resolve collective disputes—from a broader sense encompassing all forms of structured dialogue between the parties of production or social partners, whether to regulate professional relations, develop labor law, or settle collective conflicts. In this wider meaning, collective bargaining becomes synonymous with social dialogue, the concept underpinning International Labour Organization standards, particularly Convention No. 98 (1949) on the right to organize and collective bargaining, Convention No. 154 (1981) and Recommendation of 1963 on collective negotiations. The article then …

Proving The Employment Contract Before The Moroccan Judiciary: A Commentary On Two Decisions Of The Supreme Council, Mohammed El Kachbour

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Although social (labor) law now constitutes an autonomous branch of private law, it continues to draw on many of the principles and techniques of civil law. This article examines how civil legal rules, when applied to the field of employment relations, often lose part of their original civil identity: they are frequently breached or reshaped in ways that serve the working class as the weaker party, and through successive judicial interpretations such rules gradually become exceptions to civil law and firmly rooted principles of social law. The author argues that this very dynamic has shaped the long, slow, and arduous …

The Role Of The Judiciary In Protecting The Wage Earner, Idriss Fajr

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Legal rules alone are not sufficient to ensure social order; their effectiveness depends on a judicial apparatus capable of enforcing them. This article examines the judiciary as the ultimate recourse for every vulnerable party whose rights or dignity have been infringed, with particular attention to the wage earner within the employment relationship. It analyzes the precarious situation of workers who are abruptly dismissed by their employer—whether through reclassification of a permanent worker as temporary, dismissal justified by reduced physical capacity following illness or accident, or termination grounded in alleged serious misconduct, which always requires proof. The study further considers dismissals …

Introductory Report, Redouane El Idrissi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Cardozo Law News Brief: July 10, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the July 10, 2026 Cardozo Law News Brief include:

• Interim Dean of Students Francesca Acocella received the National Association of Law Student Affairs Professionals’ (NALSAP) Core Four Award in recognition of her outstanding contributions to law student affairs.
• Professor Jessica Roth spoke to Bloomberg about the Supreme Court’s Cook, Slaughter, and birthright citizenship decisions, discussing their implications for the Fourteenth Amendment.
• Professor Michael Pollack was quoted in Bloomberg about the legal history of sidewalks and responsibilities for their maintenance, and also appeared on CNN to discuss a viral story about community sidewalk construction.
• Adjunct Professor Gary …

“To Complete Our Declaration”: The American Indian Chicago Conference, The Declaration Of Indian Purpose, And The Quest For Self-Determination, Joseph W. Ferguson

Department of History

The American Indian Chicago Conference (AICC) illuminates understudied elements within twentieth century Indigenous history. Post WWII policies of termination came to frame the conference, and archival evidence from the planning and establishment of regional conferences and founding documents allows for analysis of the deeper meaning the conference held. The planning phases, schedule, events, and outcomes of the conference indicate factors of a national Indigenous community and identity that have yet to be fully explored in the historiography of this period. The implications of termination policies on Indigenous peoples in North America act as a starting point for the conference’s development. …

The Region As A Locus For Matching Employment And Vocational Training: Reflection On An Experience, M M Balafrej

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Note On The 11th Congress Of The Union Of Arab Economists, Mostafa Qarouach

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Reading Note On "The State And Local Authorities In Morocco", Abderrahim Fadil

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Report On The Ameri Colloquium "Atlantic Convergence: The Paths Of Cooperation" (Rabat, 2–4 November 1989), Ali Boufous

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Reflections On The Sidelines Of The Colloquium "Decentralization And Local Democracy", Ahmed Bouachik

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

A Study Of Inter-Arab Relations: Morocco–Mashreq Relations (Report On A Doctoral Thesis), Es-Saïd Kinana

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Recently Published — Special Issue On "Privatization" Of The Moroccan Review Of Public Finance And Economics, Mostafa Rhomari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This note presents a recently published special issue of the Revue Marocaine de Finances Publiques et d'Économie (Moroccan Review of Public Finance and Economics) devoted to privatization in developed countries, developing countries, and Morocco. Rather than summarizing the individual contributions, the author highlights the multidisciplinary reference points (finance, economics, law) addressed from different angles. The issue opens with the foundations, philosophy, and objectives of privatization in Morocco as presented by the Minister Delegate for Economic Affairs and Privatization, followed by contributions examining the considerable stakes of privatization, the disengagement of the State, the conceptual questions it raises, and its financing …

Thesis Review — "Repressive Justice In Morocco: Dependence And The Protectorate Model" (Doctoral Thesis By Thami Lasry), Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This text is a review of Thami Lasry's State doctorate thesis in private law, "La justice répressive au Maroc: dépendance et modèle protectoral," defended at the Faculty of Law of Casablanca on 18 July 1989. The reviewed work analyzes Moroccan criminal (repressive) justice in both its institutions and its evolution, assessing protectorate-era legislation and its post-independence continuation. A preliminary chapter examines the pre-protectorate juridical situation, marked by legal and political imbalance (Bled Siba / Bled El Makhzen) and the duality of the Muslim and Berber legal orders. The thesis is then organized in two parts—a systematic dependence and a juridical …

The Modernization Of Public Administration In Morocco, Mostafa Rhomari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the modernization of public administration in Morocco, structured around three main axes. The first concerns the simplification of administrative circuits and procedures, a permanent concern of the public authorities, illustrated by reforms in personnel management, public procurement, and social-welfare procedures, and by the Royal Letter of June 1989 aimed at reducing the administrative delays that discourage investment. The second axis addresses the modernization of management methods, focusing on the administration's computerization (informatisation) and the need for an appropriate inter-ministerial coordination structure to rationalize information-technology resources and harmonize ministerial programs. The third axis defines a personnel policy, emphasizing …