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NOTICIAS UIA

Casablanca Seminar - Independence of the Legal Profession, 5-6 July

Publicado el 19/6/2019

Justice must be independent, it is one of the fundamentals of the rule of law. More generally, all legal activities must be carried out independently. In the first place, the act of judging supposes both the independence of the judge, necessarily not subject to the executive power, but also the independence of the lawyers and that of the prosecutor. If this last principle has been slow to emerge, it is now part of the international consensus.
 
The independence of the lawyer is one of the essential principles of the profession and has been recognized as such in the "Principles of the legal profession", adopted by the UIA General Assembly held in Porto on 30 October 2018. Prior to that, independence was enshrined in the Havana Principles, adopted by the 8th United Nations Congress on Crime Prevention, from 27 August to 7 September 1990, the preamble of which states: "Whereas the adequate protection of fundamental freedoms and human rights, whether economic, social and cultural or civil and political, from which everyone must be able to enjoy, requires that everyone have effective access to legal services provided by independent lawyers ".
 
To what extent has the establishment of a judicial power independent of the executive power in Morocco strengthened the independence of the judge and the prosecutor?
And what are the consequences of these constitutional reforms and ongoing legislative reforms on the independence of lawyers in Morocco?

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