Morocco Court Upholds Travel Ban, Rejects Stranded Citizens’ Plea to Return Home

Moroccans stranded abroad will not be able to display a court decision to return home. The court ruled that their request is unfounded and violates the state of health emergency. Because the decisions of the Moroccan authorities are vested with administrative legitimacy. And the judge in summary proceedings must protect legitimacy in all circumstances. This led to the dismissal of the request.

The purpose of the request defends a right that guarantees for all the freedom to move, to leave the national territory and to return to it, the court of first instance of Rabat recognized. However, it nuanced that this right is not guaranteed in exceptional circumstances. Now, it happens that the blockage of Moroccans in Spain due to the preventive measures taken by the authorities against the coronavirus, is an exceptional situation. Consequently, this right falls.

These measures fall within the discretionary power of the authorities in the matter and aim to preserve the health of Moroccan citizens, the court specified. For the court, the closure of borders is a regulatory measure that does not violate the freedom of entry and exit from the national territory. Article 24 of the Constitution of the Kingdom is the legal basis for this.

It is a Moroccan couple who is at the origin of the request. Among the motivations exposed by the couple’s counsel, there is the fact that the couple is not affected by covid-19 and is ready to undergo quarantine. The psychological and financial damage caused to his clients due to their blockage abroad has not been overlooked. The lawyer mentioned the constitutional provisions that guarantee the right of his clients to enter the national territory.