House of Representatives: Committee adopts draft law on the organization of the Adoul profession
The Committee on Justice, Legislation, Human Rights and Freedoms at the House of Representatives adopted, on Monday evening by majority vote, draft law No. 16.22 relating to the organization of the Adoul profession, in the presence of the Minister of Justice, Abdellatif Ouahbi.
This draft law aims to carry out a comprehensive revision of the legal and professional status of this category, with an emphasis on strengthening the guarantees offered to users, Mr. Ouahbi stated.
In a statement on the matter, he noted that the text seeks to clarify several issues, particularly those related to the role of Adouls, the nature of the testimony they establish, as well as provisions concerning Lafif (collective testimony) and its organization.
The Ministry adopted a participatory and consultative approach in drafting this bill, taking into account the opinions of the Supreme Council of Ulema, as well as the Ministry of Endowments and Islamic Affairs, Mr. Ouahbi noted.
The aim is also to incorporate proposals from the National Order of Adouls, while taking into consideration case law arising from judicial debates held by the Kingdom’s courts, he added.
The legislative text includes several new provisions, notably the formal recognition of the title “Adoul profession,” the revision of access conditions to the profession, the opening of the profession to women, as well as the establishment of competitive examinations as the mode of recruitment.
Regarding the regulation of the Lafif act, the draft law provides that the number of witnesses is set at twelve, while the procedure for receiving testimony is carried out according to detailed and precise modalities in order to prevent any manipulation, fraud or falsification. The text also specifies the rules governing the withdrawal and contestation of such testimony, as well as its legal force.
The draft also introduces new provisions relating to the rights and obligations of the Adoul, notably the possibility for an Adoul to suspend the exercise of the profession for scientific, religious or health reasons, for a period of one year renewable up to four times, subject to authorization by the government authority in charge of Justice and in accordance with clearly defined conditions and rules.
It also stipulates the creation of an institution dedicated to the initial and continuous training of Adouls, the inclusion of services provided by the Adoul within the scope of public service, and the obligation for the National Order of Adouls to develop a code of conduct defining the ethical and professional rules to be respected.
Editorial team/le7tv
