Exemption Rules for Legal Practice Certificate

The paragraph addresses a constitutional issue related to Draft Law No. 23/66 on the regulation of the legal profession in Morocco, particularly concerning the exemption of certain categories from the requirement of holding a competence certificate to practice and gain experience. The question raised pertains to the extent to which this system respects the principle of equality and the role of objective criteria—especially the experience of practitioners—in justifying these exemptions. The article emphasizes that the legislator possesses broad authority to regulate the conditions; however, this authority is subject to the principles of the Constitution. It argues that relying on legal experience as a criterion must be objective and consistent, without selective discrimination, to ensure its equal application across all categories that meet its conditions. Furthermore, the text notes that some groups, such as government employees with direct legal experience, are exempted from the exam requirement despite their roles being directly related to the judicial field. This raises constitutional questions about the compatibility of such exemptions with the principle of equality and the respect for objectivity and proportionality. The article also highlights that an opinion issued by the Competition Council underscores the necessity of providing objective justification for such exemptions, affirming that the experience criterion should be applied in a consistent and transparent manner to align with constitutional principles.

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