استقلال النيابة العامة في المغرب: الفرص والتحديات

Abstract

Over the past decade, Morocco has taken significant steps toward ensuring the independence of the Public Prosecutor’s Office from the executive branch, effectively breaking any ties it previously had with the Ministry of Justice. This move has been enshrined in both the Constitution and legislative frameworks.
This article aims to critically examine Morocco’s experience in achieving prosecutorial independence, exploring both the challenges it faces and the potential opportunities for further improvement and reinforcement. To achieve this, the author adopts an analytical and comparative methodology, scrutinizing the relevant Moroccan legal texts governing the Public Prosecutor’s Office and its interactions with other authorities. The study identifies the key issues posed by these regulations and seeks solutions to enhance the independence of the prosecutorial body.
The research culminates in several findings, the most notable being that viewing independence merely as the separation of the Public Prosecutor’s Office from the Ministry of Justice is a limited interpretation. This narrow view overlooks the hierarchical subordination that governs prosecutors, their adherence to the principle of judicial unity, and their functional ties to the judicial police.