The electronic search under Moroccan law
The subject of this post was born from a curiosity to discuss a fact observed in our business of law, it is the question of finding a law, circular, order, or Dahir among the hundreds of texts that continue to appear monthly in the Official Gazette.
Note that the advent of computers, which has revolutionized research in law in several countries, that the web is one of the indispensable tools in research electronic document on right.
This post does not list sites that provide legal information, it has only two websites from the Ministry of Justice in order to evaluate a research methodology.
We consulted the website, http://www.justice.gov.ma, this site developed by the Ministry of Justice, provides information and legal resources, There are several links that allow you to download documents PDF.
An evaluation of this website, let us conclude that this is not an effective tool in measuring or text found on this site or even on the website of the General Secretariat of Government, have no official status, there is the day of the date of this post, not current laws, for example, Act No. 08-05 Journal Official Gazette No. 5584 of Thursday, December 6, 2007 repealed the provisions of the Code of Civil Procedure relating to arbitration, but consulting the Ministry's website makes us believe that sections 306 to 327 of CPC are the only governing arbitration whereas the provisions of Law No. 08-09 is a new device that governs the arbitration and private mediation.
http://adala.justice.gov.ma site, as allows him to conduct research "relevant", the website, as shown by its tabs, gives the possibility to search: Quick / structured / Advanced or theme.
We have tested this tool, and here are the results of our research.
Can we find flyers?
With the goal of finding circulars that are related to the prohibition of smoking in certain places, we have chosen the keywords "Smoking" and "cigarette" as a query, and we specified our research to target only the circular (the site claims to have this capability) to our surprise : Search Result (0) ie d. no results are given to our requests.
This result prompted us to proceed in the same way, but this time, the interface of the Arabic site, with a key word in Arabic, a result that 10 laws related to cigarette smoking. But no circular
What about the case?
In order to find case law, we checked case law, choosing keywords like bill of exchange, goodwill, liability, and many tens of keywords, much to our surprise, always inconclusive, the researcher can conclude, as the site Adala can not find the case law.
Note that the interface of the Arabic site, and with the keyword goodwill, the results are as follows:
(48) قوانين
(2) مناشير
(66) اجتهادات قضائية
(3) اتفاقيات
( 8) وثائق اخرى
What about conventions?
The results generated by our key words are positive in the sense that the displayed result is:
Several conventions that affect various areas, such as the Dahir No. 1-09-212 of 7 Kaada 1430 (October 26, 2009) promulgating the Regulation International Health (2005) adopted by the World Health Assembly at its fifty-eighth session of May 23, 2005.
We concluded that the site can find some Adala agreements, contrary to the jurisprudence that is accessible through this site to French interface.
What about laws?
must first say that are several resources on the web for finding such laws as we do our research web sites belonging to professional law, but research on the site Adala.justice.gov.ma, and from the keyword "Code criminal ", 226 results if we proceed with a quick search, 7 results if we chose the option to search structured and 929 if you choose an advanced search, these results do not save time because they are very vague .
However, we point out that research on the site Adala.justice.gov.ma, Topic search option is the only one capable of targeting the theme Law sought, should also be noted that this method gives results very vague, it also serves to identify the laws relating to specific fields, for example, clicking on the tab displays various themes Theme search of law, if you choose the theme (PC) clicking on the link it gives the following results:
Penal Code (22)
Bye-Laws & Procedures (115)
Circulars (5)
Conventions (3)
Jurisprudence (0)
These results confirm what we said earlier about the jurisprudential resources since the number of criminal jurisprudence is zero (0) in our result.
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It remains to specify that the finding of a law in one of the websites listed in the above does not preclude the lawyer or legal professional to check if a law day or not, the site Adala.justice.gov.ma and the site of the Department of Justice have no guarantee that the law has not changed later, knowing that the method should be adopted during this audit is to first determine the date of the publication of legislation on the gazette, then it should be checked after All ballots that followed that date to seek a possible modification, it is certainly impossible to proceed in this manner when it is necessary to check the ballots of several months, even years, hence the necessity to move towards Pay resources that remain out of reach of most professional of law. ©
Rashid MAJD
