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Articles 1 - 30 of 363
Full-Text Articles in Law and Economics
Synthesis Report, Khalid Naciri
Synthesis Report, Khalid Naciri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Thirty years after Moroccan civil servants were granted a specific legal and administrative framework, the General Statute of Public Service naturally prompted reflection and debate among practitioners and academics. In this spirit, the Public Law Department of the Faculty of Legal, Economic, and Social Sciences at Hassan II University organized a colloquium on May 12–13, 1989, to examine the public service, focusing on elements of continuity and change. Situated at the intersection of legal, cultural, sociological, and political dimensions, the subject proved particularly complex. The colloquium explored this complexity through three main themes: the structures of public service, the legal …
The Evolution Of The Legal Status Of Civil Servants, Mohamed Aliat
The Evolution Of The Legal Status Of Civil Servants, Mohamed Aliat
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Before independence, the Moroccan public service comprised approximately 400 separate grades, each governed by its own specific statute, resulting in significant disparities and administrative complexity. After independence, authorities faced the challenge of restructuring, harmonizing, and adapting administrative frameworks to new realities. Morocco adopted the "pragmatic localized reform method" rather than a comprehensive systematic overhaul. This approach began with the enactment of the General Statute of Public Service in 1958, followed by a transitional period of careful assessment. This process culminated in the 1967 cadre reform, later complemented by the 1975 reform, marking a gradual but significant evolution in the legal …
Statutory Guarantees Of Civil Servants, Amal Mourji
Statutory Guarantees Of Civil Servants, Amal Mourji
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the statutory guarantees of civil servants through a comparative analysis of two contrasting public service models: open and closed systems. In open systems, public employment is based on contracts, allowing mobility between public and private sectors, which enriches both mindsets and administrative structures. In closed systems, civil servants enter through competitive examinations and remain in public service until retirement, with strict separation between public and private sectors. They are governed by a legal and regulatory statute rather than contracts. While neither system exists in absolute form, they serve as simplified models. The author cites Anglo-Saxon countries (notably …
Some Reflections On The Municipal Public Service, Abderrahim Fadil
Some Reflections On The Municipal Public Service, Abderrahim Fadil
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper highlights the significant gap between extensive research on state public service and the scarcity of studies on municipal public service (MPS), which remains poorly understood. The creation of MPS in Morocco is linked to the decentralization movement initiated by the Municipal Charter of September 30, 1976, with both themes being closely intertwined. Without a functioning MPS, decentralization at the local level risks being ineffective. In countries like Spain and France, territorial public service has become a cornerstone of local political-administrative systems. In Morocco, MPS is relatively recent, reflecting the growing role of municipalities in national life. This study …
Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki
Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the constitutional distribution of legislative and regulatory powers concerning public service rules in Morocco. Under the 1962 Constitution, only "basic guarantees granted to civil and military state employees" fell within the legislative domain, with all other public service rules relegated to the regulatory sphere. The 1970 Constitution maintained this approach. Despite constitutional provisions allowing for the adoption of organic laws to clarify and delimit these domains, no such laws were ever enacted for public service. Consequently, between 1962 and 1972, most public service rules remained within the regulatory domain, including some initially adopted by legislative acts, which …
Workforce Management In The Public Service: Rules, Methods, And Means, Mostafa Rhomari
Workforce Management In The Public Service: Rules, Methods, And Means, Mostafa Rhomari
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Structural adjustment, budgetary constraints, administrative downsizing, restructuring, and privatization have become key drivers of public service reforms in developing countries. These reforms have prompted a continuous reassessment of workforce management, aiming either to curb rising personnel costs or to address shortages of highly skilled specialists, staff surpluses, or poor distribution across administrative sectors. The ultimate objective is workforce redeployment, guided by the principle: "Place the right people, in the right place, at the right time." Achieving this requires determining adequate staff numbers and qualifications while ensuring optimal geographical and functional distribution. Effective workforce management remains essential for improving administrative efficiency …
The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan
The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the unique nature of judicial review concerning conservation decisions (land registration) in Morocco. The author highlights the exceptional gravity of these decisions, as they directly affect property rights—a fundamental right protected by the Constitution. Unlike other administrative acts, conservation decisions are not subject to any form of appeal, not even before the administrative courts. This legal anomaly is particularly striking given that even constitutional provisions can be reviewed through referendums, and other administrative decisions may be challenged through annulment proceedings. The author argues that this exceptional rule, consistently upheld by case law, can only be explained by …
Presidential Authority And Human Relations In The Public Service, Lahoucine Oulkaid
Presidential Authority And Human Relations In The Public Service, Lahoucine Oulkaid
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the relationship between superiors and subordinates in public administration and its impact on administrative systems. The nature of this relationship reveals the prevailing administrative culture and determines whether subordinates remain passive followers or become active participants in decision-making. The study contrasts centralized administrative systems, where authority is concentrated among senior officials, with decentralized models that grant regional or specialized bodies legal personality and some autonomy. Decentralization is widely regarded by scholars as a necessity of the modern era and a key indicator of administrative development. The author argues that participatory approaches and balanced power distribution contribute to …
Exemption Of Subordinates From Obedience To Superiors In The Public Service Sector, Radouane Abou Joumaa
Exemption Of Subordinates From Obedience To Superiors In The Public Service Sector, Radouane Abou Joumaa
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
On the occasion of the thirtieth anniversary of Morocco's first Public Service Act, this paper revisits key principles to assess their continuity or evolution over time. The focus is on presidential obedience, a fundamental duty that ensures subordinates' actions carry legal legitimacy and enables effective administrative organization. However, this duty raises complex questions that extend beyond legal frameworks to encompass sociological and historical dimensions. The author examines whether circumstances exist where subordinates may be exempted from obeying superiors, exploring the delicate balance between hierarchical discipline and individual responsibility. This analysis highlights the tension between administrative hierarchy and evolving concepts of …
Legality And Appropriateness In Public Service Decisions, Abdellah El Idrissi
Legality And Appropriateness In Public Service Decisions, Abdellah El Idrissi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The organization of public service aims to address practical issues by ensuring sound administration and meeting public needs while responding to civil servants' aspirations for continuous improvement. Decisions taken by governmental authorities regarding their employees—such as recruitment, training, promotion, transfer, discipline, and performance evaluation—are among the most significant and directly affect civil servants' administrative careers and rights. Given their impact on rights and freedoms, public service legislation typically surrounds these decisions with procedural guarantees to protect employees against potential abuses. However, these legislative safeguards remain insufficient unless civil servants can challenge administrative decisions before the courts, reinforcing the importance of …
Deductions From Salaries And Wages: The Tax On Financial Performance At The Expense Of Tax Justice, Asaad Abdelmajid
Deductions From Salaries And Wages: The Tax On Financial Performance At The Expense Of Tax Justice, Asaad Abdelmajid
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines salary and wage deductions in Morocco, focusing on the tax on financial performance and its implications for tax justice. The author emphasizes that public administration plays a crucial role in tax collection and that any tax reform's effectiveness depends heavily on the administrative apparatus responsible for its implementation. As G. Ardant notes, the value of any tax system remains contingent upon the administration that applies it. Moroccan tax administration faces structural challenges inherited from the colonial period, including a shortage of qualified personnel relative to the number of taxpayers. These deficiencies raise concerns about fairness and efficiency …
The Legal Status Of Civil Servants In Criminal And Private Law, Mohamed El Kichbor
The Legal Status Of Civil Servants In Criminal And Private Law, Mohamed El Kichbor
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This contribution examines the legal status of civil servants in Morocco under criminal and private law. The author reflects on the thirtieth anniversary of the Public Service Act, enacted by Dahir of February 24, 1958. This statute represented a milestone in consolidating Morocco's sovereignty and reinforcing its political independence following 1954. It established a legal framework governing the relationship between the newly established Moroccan administration and its civil servants, who replaced French protectorate officials. The Public Service Act is a cornerstone of Moroccan administrative law, regulating relations between public authorities and employees working to serve the public interest and manage …
The Impact Of Administrative Reform On The Teaching Staff In Morocco, Houssine El Amrani
The Impact Of Administrative Reform On The Teaching Staff In Morocco, Houssine El Amrani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Upon independence from the French protectorate, Morocco inherited a complex educational structure with over thirty different teaching grades for primary and secondary education. To streamline this system, the administration introduced a new statute in February 1967, merging all teaching staff into seven functional grades, with inspector ranks aligned to senior administrators. In higher education, however, there was a legal void, with only the grade of tenured professors existing. Consequently, the legislator quickly established a dedicated statute for higher education teachers starting in 1959, following the decree creating the University of Rabat. These reforms marked crucial steps toward modernizing Morocco's educational …
Ministerial Cabinets, Chaabi El Madkouri
Ministerial Cabinets, Chaabi El Madkouri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Ministerial cabinets are teams working alongside ministers, characterized by solidarity among members and absolute, unconditional loyalty to the minister. The study of ministerial cabinets is closer to political science than to administrative studies, making them inherently cautious and opaque. Several motivations prompted this research: they are an ancient institution, known in Arab heritage as the "minister's retinue," with significant historical influence; they face widespread criticism often stemming from misunderstanding of their role; and their members remain highly discreet, making it difficult for external observers to understand their functions and responsibilities. This modest scientific attempt aims to clarify the nature, roles, …
The Manifestations Of Administrative Reform In The Public Service Sector In Morocco, Abdelilah Fountir
The Manifestations Of Administrative Reform In The Public Service Sector In Morocco, Abdelilah Fountir
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
More than thirty years after the enactment of Morocco's first general statute for public service (February 24, 1958), it has become essential to open public debate on this vital sector. Since independence, the public service has experienced overlapping complexities across legislative, human, and structural levels. The university's decision to address this issue reflects growing awareness of its national importance. Reforming the public service is central to broader administrative reform and the modernization of the state apparatus. Key challenges include the relationship between civil servants and the state, their legal status, societal discourse, and their role in decision-making and implementation processes.
Introductory Report, Abdelkbir Fikri
Introductory Report, Abdelkbir Fikri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The literature on civil servants is rich with vivid expressions highlighting the unique nature of public service. Civil servants embody the state's memory, guarantee its authority, and serve the public interest while ensuring continuity in public services. Their legal stability rests on the General Statute of Public Service of February 24, 1958, a text frequently amended since. While their status endures, their condition evolves with administrative reforms and social change. Administrative organizations must adapt to new management techniques, inevitably affecting civil servants' behaviors and attitudes. However, diagnosing Morocco's public service after thirty years remains challenging. This introductory report does not …
Businesses And Organizations: A Space For The Exercise Of Disciplinary Authority In Individual Employment Relationships, Nora Zeroual
Businesses And Organizations: A Space For The Exercise Of Disciplinary Authority In Individual Employment Relationships, Nora Zeroual
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
An employer’s authority to discipline its employees is one of the powers available to it within the framework of individual employment relationships, and it raises many questions, foremost among which is: What is the scope or sphere within which this authority is exercised? In fact, upon reviewing the Labor Code, we find that it uses the terms "enterprise" and "institution" in this context—a terminological duality that led us to ask: What is the significance of this? This is a question we have sought to address from legal, legislative, and judicial perspectives—whenever the opportunity arose—by examining the concepts of both "enterprise" …
Provisions Governing The Sale Of Options Under Islamic Jurisprudence And Moroccan Contract And Obligations Law, Amina Sami
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
There is no doubt that the sales contract is the most important contract entered into by an individual to meet his or her consumer needs; however, the certainty that a given sales contract will achieve this purpose remains a matter of doubt for both parties. Therefore, the option has served as a means for both the seller and the buyer to withdraw from the contract whenever they deem it unfeasible to proceed with it. Furthermore, the purpose of the sale may not be achieved either due to a defect in the item sold, the absence of a characteristic deemed important …
An Analysis Of The Geographic Mobility Clause In Employment Contracts, Sanae Tourabi
An Analysis Of The Geographic Mobility Clause In Employment Contracts, Sanae Tourabi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The condition of geographical mobility is one of the conditions that entitles the employer to change the employee’s place of work in order to meet the needs of the business and respond to the demands of economic developments. Despite the importance of this clause, Moroccan lawmakers have not regulated it through specific legal provisions. This gap has been addressed by legal scholarship and the judiciary through a series of rulings issued by both the courts of first instance and the Court of Cassation, which have established a set of guidelines aimed at striking a balance between the employer’s economic interests …
The Board Of Directors In A Joint-Stock Company: Evolution Of Structure And Operating Mechanisms, Hamid Rouani
The Board Of Directors In A Joint-Stock Company: Evolution Of Structure And Operating Mechanisms, Hamid Rouani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The board of directors has been the focus of considerable attention since the early days of the joint-stock company, as evidenced by the major turning points it has undergone and the significant changes it has experienced. This body has undergone—and continues to undergo—very important developments that have primarily concerned its structure and operating mechanisms. This article seeks to highlight the most important of these developments, through which contemporary legislation has sought to enhance the performance and effectiveness of this driving force—the beating heart of the joint-stock company—as it is the appropriate and suitable legal mechanism for large-scale projects and a …
An Analysis Of The Law On The Prohibition Of Fraud In Goods, Samira Krourou
An Analysis Of The Law On The Prohibition Of Fraud In Goods, Samira Krourou
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
One of the most important aspects of consumer protection is the fight against fraud in goods—a form of protection enshrined in the Abrahamic religions long before the enactment of positive laws or the emergence of consumer advocacy movements that spread from the United States to Europe and the rest of the world. While fraud in general is indicative of a malicious tendency to infringe upon rights, spread corruption, and undermine interests, fraud involving goods and food is an even more heinous and dangerous crime because it affects the health and lives of both humans and animals. Therefore, it was necessary …
Provisions On The Obligation Of Conformity In A Sales Contract: General Rules Vs. Specific Legislation, Sabah Benkaddour
Provisions On The Obligation Of Conformity In A Sales Contract: General Rules Vs. Specific Legislation, Sabah Benkaddour
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Moroccan legislation has been influenced by the concept of quality since the country’s accession to the World Trade Organization, through the reinforcement of the obligation of conformity between the seller and the buyer, in order to ensure that products comply with recognized safety and health standards. Moroccan law has addressed this obligation in its general provisions (the Dahir on Obligations and Contracts) and in specific laws, such as the Consumer Protection Law, which allows the buyer to seek compensation when the seller breaches the obligation of conformity and the warranty of quality.
An Introduction To Proactive Principles Related To Environmental Protection And Sustainable Development, Asmaa Alami, Hasnaa Alami
An Introduction To Proactive Principles Related To Environmental Protection And Sustainable Development, Asmaa Alami, Hasnaa Alami
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The Moroccan legislature has established a very robust legal framework for environmental protection. It has also made sustainable development a strategic priority aimed at strengthening measures to mitigate and adapt to climate change and combat desertification, as well as enacting institutional, economic, financial, and cultural reforms in the field of environmental governance. Moroccan lawmakers have enacted a set of proactive principles that serve as a framework to be followed when the state, local authorities, public institutions, state-owned enterprises, and other stakeholders in the fields of the environment and sustainable development formulate and implement policies, strategies, programs, and action plans. These …
The Influence Of The Principles Of Management Science On The Drafting Of Business Law, Yassine Ait Ahmed
The Influence Of The Principles Of Management Science On The Drafting Of Business Law, Yassine Ait Ahmed
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the influence of management science on the formulation of business law, by highlighting the interactive relationship between the evolution of management theories and the transformations in the legal regulation of business and economic activities. It demonstrates that the transition from the traditional concept of management to modern management science—based on planning, decision-making, control, and performance analysis—has given rise to new regulatory needs that have necessitated the development of legal rules consistent with the requirements of economic efficiency and corporate governance. The article also explains that globalization and economic and technological changes have contributed to the reshaping of …
What Impact Do Informal Actors Have On Tax Decision-Making?, Najat Elammari, Hicham Bendarkaoui
What Impact Do Informal Actors Have On Tax Decision-Making?, Najat Elammari, Hicham Bendarkaoui
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the influence of informal actors on tax decision-making in Morocco, highlighting that this process is not limited to official institutions but is also shaped by the involvement of national and international actors who play influential roles in guiding tax policy. The article demonstrates that international financial institutions, foremost among them the International Monetary Fund and the World Bank, have played a prominent role in guiding tax reforms—particularly within the framework of structural adjustment programs—by linking financial support to the implementation of reforms aimed at improving the efficiency of the tax system. It also highlights the role of …
Editorial : Contemporary Transformations Of Law: Special Issue In Honour Of Professor Abdellatif Komat, Sabah Benkaddour
Editorial : Contemporary Transformations Of Law: Special Issue In Honour Of Professor Abdellatif Komat, Sabah Benkaddour
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
No abstract provided.
Presentation Note Of The Manual "Elements Of Mathematics And Statistics For Economists", Fouzi Mourji
Presentation Note Of The Manual "Elements Of Mathematics And Statistics For Economists", Fouzi Mourji
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents a two-volume textbook on mathematics and statistics for economics students. The authors, Fouzi Mourji and Najib Mikou, emphasize that the introduction of quantitative methods in economics is a recent but irreversible phenomenon, noting that major theoretical advances in economics have often followed mathematical breakthroughs. The manual is designed to complement lectures and tutorials, helping students master basic concepts in economics curricula and understand their practical applications for economic decision-making. The presentation highlights the importance of mathematical tools for understanding economic mechanisms and rationalizing decision-making processes, while acknowledging the manual's imperfections.
General Reflections On The Seminar On Constitutionalism In Africa, Abdelali Doumou
General Reflections On The Seminar On Constitutionalism In Africa, Abdelali Doumou
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents reflections from a seminar on constitutionalism in Africa held in Harare (22–25 May), organized by ACLS, SAPES, and AAPS. The author, Abdelali Doumou, reports on debates involving jurists, political scientists, historians, and economists. A major conclusion was that constitutionalism remains a project to be built across Africa, regardless of regime type. Two approaches explain this: an institutionalist approach identifies normative deficits, autocratic constitutions, and weak institutionalization, while a socio-economic approach argues that beyond state form, political clientelism, corruption, power personalization, and militarization undermine constitutionalism. The seminar concluded that the essence, not merely the form, of the African …
Human Rights In Africa: Banjul Workshop And Seminar (November 1989), Khadija Elmadmad
Human Rights In Africa: Banjul Workshop And Seminar (November 1989), Khadija Elmadmad
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper reports on a training workshop and seminar on human and peoples' rights held in Banjul, Gambia, in November 1989. The author, Khadija Elmadmad, notes that despite nearly three decades of independence for most African states, human rights violations remain widespread across the continent. The entry into force of the African Charter on Human and Peoples' Rights in 1986 and the establishment of the African Commission on Human Rights in 1987 were significant milestones, but effective protection remains a distant goal. The workshop and seminar, organized by the African Association of International Law with support from Scandinavian countries and …
Presentation Of The Work: "Coping With Africa's Refugee Burden: A Time For Solutions" By Robert F. Gorman, Khadija Elmadmad
Presentation Of The Work: "Coping With Africa's Refugee Burden: A Time For Solutions" By Robert F. Gorman, Khadija Elmadmad
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents a review of Robert F. Gorman's book "Coping with Africa's Refugee Burden: A Time for Solutions," published in 1987 by Martinus Nijhoff for UNITAR. The author, Khadija Elmadmad, highlights that 90% of the world's refugees are in Third World countries, with Africa bearing the most dramatic burden. The book analyzes the international community's growing awareness of the link between massive refugee inflows and the economic difficulties of host African states. Gorman focuses on the Second International Conference on Assistance to Refugees in Africa (ICARA II), examining actions, obstacles, and the roles of international, governmental, and non-governmental organizations, …