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Articles 61 - 90 of 363
Full-Text Articles in Law and Economics
The Distinctive Features Of Civil Liability In Matters Of Occupational Accidents, Ahmed Mikou
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Introductory Report, Redouane El Idrissi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
No abstract provided.
The Region As A Locus For Matching Employment And Vocational Training: Reflection On An Experience, M M Balafrej
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
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
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
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
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
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
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
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
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 …
Book Review — "Introduction To Marketing: Moroccan Experiences" By Mamoun Lahbabi, S. Benchekroun
Book Review — "Introduction To Marketing: Moroccan Experiences" By Mamoun Lahbabi, S. Benchekroun
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This reading note reviews Mamoun Lahbabi's book "Initiation au marketing. Expériences marocaines," presented as a plea addressed to firms still reluctant to adopt a market-oriented approach. The reviewer situates the book within a context of intensifying competition and the opening of markets, in which consumers' renewed demands compel firms toward greater quality and continuous effort. The work is organized around a trilogy: a simplified presentation of dominant marketing concepts, a continuous illustration of Moroccan practice, and a marketing analysis of specific firms. The note outlines the book's five chapters, covering the historical background and components of the marketing concept, demand …
The Question Of Rural Space Planning In Morocco, El Maâti Lami
The Question Of Rural Space Planning In Morocco, El Maâti Lami
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article addresses the planning and development of rural space (aménagement de l'espace rural) in Morocco, a discipline the author considers to lack a complete theoretical and scientific foundation. The first part defines rural space and its implications, distinguishing it from urban, agricultural, and pastoral space, and presents the natural distribution of Moroccan territory (agricultural, pastoral, forest, and uncultivated land). The second part analyzes the major obstacles to rural planning: institutional obstacles arising from the dispersion of competences among numerous ministries (notably Interior and Agriculture) and among central and local actors, and financial obstacles reflected in weak local finances and …
The Disciplinary Power Of The Order Of Physicians, Dris Sdoud
The Disciplinary Power Of The Order Of Physicians, Dris Sdoud
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes the disciplinary power of the Moroccan Order of Physicians, tracing its legal foundations and organization. After reviewing the historical evolution from the dahirs of 1941 and 1949 to the framework established by the dahir bearing law of 21 March 1984, the author examines the foundation of disciplinary power through two competing doctrines—contract theory and institution theory—favoring the latter as inherent to the professional order. The study then addresses the disciplinary competence of the regional and national councils (ratione personae, ratione materiae, and ratione loci), the notion of professional misconduct, and the categories of disciplinary sanctions (moral penalties, …
The Experience Of Administrative Reform In Morocco, Hassan Ouazzani Chahdi
The Experience Of Administrative Reform In Morocco, Hassan Ouazzani Chahdi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article traces Morocco's experience of administrative reform from independence to the late 1980s, conceived less as a single rupture than as a series of continuous adaptations of the inherited administrative apparatus. After discussing competing definitions of administrative reform, the author examines how the theme has been articulated in political discourse - royal and prime-ministerial speeches - in successive national development plans (from 1973-1977 to 1988-1992), and in administrative texts emanating chiefly from the Ministry of Administrative Affairs. The second part assesses reform in practice across three domains: the reform of ministerial structures undertaken from 1973, the reform of public-service …