Public Money Guards – Moroccan Depth

Point of view

There is no disagreement about the fact that the control of public funds is considered as the most important pillar to ensure good management of public administration.
Nowadays, an important issue is raised in the media and political arena related to the desire of the Minister of Justice to include a legal requirement in the draft Code of Criminal Procedure Law aimed at preventing associations from filing complaints. and to make it an exclusive right with the Ministry of Home Affairs.

This statement and in the absence of an amendment project to control the new mechanisms, it is not possible to develop a clear and integrated picture to obtain a scientific and thorough reading of it. However, due to some media outputs from the various stakeholders, the initial positions can be reviewed as follows:

The Minister of Justice based his view on the premise that Morocco has the oversight mechanisms and institutions that are capable of defending and protecting public money.

Also, anonymous complaints drain important time for Public Prosecution and are considered to underestimate the role of public institutions, most of which end in custody or acquittal without any effective instruction for the complainant, whether he is an unknown person or an association .
The Minister therefore concluded that this mechanism, which is now available, usually takes a long time and has been negatively exploited and has become a way of blackmailing and alienating politicians from especially the management of local affairs.

On the other hand, some human rights organizations have tried to defend their effective role in rationalizing the disbursement of public money, arguing that their power comes from the constitution itself and that pleading is a constitutionally guaranteed right to defend taxpayers’ money.
It also considers that this project is tantamount to the withdrawal and freezing of the evaluation and detection mechanism authorized by law within the framework of the participatory approach. And that things can develop into a dwarfing of the rest of the supervisory roles, such as the green number designated to report bribery.
In a modest reading of the reality of the situation and based on a field experience of some real disasters and far from any theoretical framework, I wanted to explain a few things in this section.

First, and in the absence of official figures and statistics on the number and fate of complaints, whether anonymously or under a collective framework, it is difficult to make sure that the case has become cumbersome and expensive, both for the judiciary and for political practice as a whole. On the other hand, I confirm that there are many cases in which some parties exploit this mechanism to settle close accounts at the expense of the citizen and the judiciary. Rather, it is exploited in the most heinous way, with the aim of defamation and the disregard of the public interest.

In some experiments, this mechanism confirmed its effectiveness and was able to a large extent protect public money from looting and robbery and siege corrupt.

It can therefore not be said that the withdrawal of the grievance mechanism from the associations will be feasible, but on the contrary, it may have created a setback with which corruption spread and noticeable expansion in a general atmosphere of doubt and mistrust in the elect. general and a crisis in some definitions. The politician believes that he is practicing politics, and the technocrat believes that he is a man of powers …
The reality of the situation is linked to two essential words that are not third: competence and integrity. These two magic words must be divided into three levels.

At management level, I think it is shameful and shameful that after what Morocco has accumulated from management experiences and from a very important number of official reports issued mainly by the Supreme Court of Accounts, the governance issue of public money, especially domestic,, is still committed in which serious errors are committed intentionally and unintentionally.Behind an ineffective opposition that does not know the basic principles of financial management, not to mention evaluation and tracking.

At association level, the President of the National Human Rights Council summed up the situation in response to a press question, on Friday, May 13, 2022, during her presentation of the Council’s annual report, “that” associations have the right to file legal complaints at the Public Submit prosecution, ”adding that“ only associations are required to collect. There is enough evidence and it is an inalienable right. “

On the other hand, she drew attention to the need to set conditions for this by saying: “What needs to be considered are clear criteria, and therefore, when we set these criteria, be assured that NGOs’s their work and the scope of their intervention. “
At the judicial level, it is time to activate specialized courts in money crimes and circumvent Article 111 of the Financial Courts Code.

The problem arising from the activation of criminal prosecution proceedings calls for serious consideration to be given to extending the powers of the financial courts, to the powers of judicial inquiry and criminal prosecution in to close, and make it real courts. By considering the report of the Supreme Court of Accounts, completed by judges with high qualifications in financial and economic matters, as a preliminary research, and equating it with the records of the judicial police.

It is not possible to talk about the independence of the judiciary and the effectiveness of its role in liability, if the judgments and decisions issued by it do not find their way to implementation, because only through implementation will the law be achieved and the law is applied to all, and given what the failure to implement affects the independence and prestige of the judiciary, it is of It is necessary to think about finding appropriate legal solutions, in order to be one of the major obstacles affecting efficiency of the judiciary limited, to eliminate. and destabilize the foundations of the rule of law.

In a related context, the latest report issued by the Supreme Council of Accounts indicated that, during June 2021, a memorandum of cooperation was signed between the first President of the Court of Cassation, the Deputy President of the Supreme Council of the Judiciary and the King’s Attorney General at the Court of Cassation, the Head of Public Prosecutions, the First President of the Supreme Court of Accounts and the Attorney General The King has the Council.

The Memorandum of Cooperation, according to the same source, aims, in addition to strengthening cooperation between the signatory parties, in particular in the field of training and supporting the capabilities of financial court judges and commissioners, to ensure coordination between these parties with regard to dealing with complaints, rumors and reports related to financial crimes and the exchange of related documents and case law Leading court, with the aim of contributing to the creation of public life, combating all forms of corruption, and the activation of the principle of linking responsibility to liability. .

Najahy Yassin, interested in Public Order Management
[email protected]

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