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Public Law and Political Sciences, Al Kadi Ayyad University, Marrakech, Morocco
The identification of the area of competence of the administrative judge has historically constituted the main means of determining the scope of application of administrative law as an autonomous law. This study proposes to examine the criteria adopted by jurists to decide on the jurisdiction of the administrative judge in Morocco. Its purpose is to elucidate the position of doctrine and case law on this subject, via the presentation of jurisdictional decisions illustrating the temporal evolution and the socio-political context characterizing the choice of a given criterion in order to reconstruct its genesis, its historical context and its specificities. The work also tries to bring out the points of convergence and divergence between Morocco and France, exporting country of administrative law through colonial penetration, as to the elements which justified the competence of the administrative judge. The study revealed that the criteria adopted so that the administrative judge can rule on a specific case have known in Morocco an evolution varying between the use of the organic criterion: identification of the authority, of the person at the origin of the dispute, and recourse to the material criterion which consists of an examination of the situations encountered, the material facts or the legal acts at the origin of the dispute.
Administrative Law, Judicial Judge, Administrative Judge, Competent Judge, Organic Criterion, Material Criterion, Jurisprudence
Siyouri Hind. (2023). Evolution of the Competency Criteria of the Administrative Judge in Morocco. Journal of Political Science and International Relations, 6(2), 49-53. https://doi.org/10.11648/j.jpsir.20230602.13
Copyright © 2023 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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|4.||Judgment Abassi Abdelaziz, November 25, 1966, Jurisprudence of the Supreme Court n°2, 1968, p. 102. (In Arabic), quoted in: ROUSSET, M., 1996, Administrative litigation: La Porte.|
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