Morocco Eases Court Language Rules: Arabic Translation No Longer Mandatory for Legal Documents

This is a great victory for lawyers and litigants who have finally prevailed, after rising up against this article.

The new version adopted provides that documents presented in a foreign language may therefore be translated occasionally, if and only if the court so requests. The aim is "to spare the litigant the difficulties known in practice," as MP Amina Maelainine (PJD) points out to Challenge.

This article is not one of those highlighted by the Constitutional Court and revised by the Ministry of Justice. However, it was re-examined by the deputies who considered that the previous wording was "problematic".

Indeed, the version of the draft law adopted in 2018 by the Parliament considered the translation documents into Arabic and the documents to be produced before the court as mandatory, except for a contrary decision of the court. In other words: all documents had to be submitted to the judge in Arabic systematically. It is up to the judge to rule, subsequently, on the need for translation.

"This version requires citizens to have documents translated and to bear significant costs and then wait for the court’s decision. We must proceed in the opposite direction, so that the litigant presents his documents to the court and that the latter has the possibility to request their translation in case of difficulties," estimates the deputy.