Bridging Legal Systems: Insights From Morocco And Germany’s Legislative Processes – OpEd
In an era where global cooperation and knowledge exchange are paramount, Morocco's General Secretariat of the Government (SGG), in partnership with the Konrad-Adenauer Stiftung (KAS), has taken a commendable step. They organized a two-day study event in Rabat focused on comparing the legislative processes of Morocco and Germany. This initiative is more than an academic exercise; it is a concerted effort to refine and enhance legislative practices through mutual learning and dialogue between Moroccan and German jurists.
Bensalem Belkourati, the Director General of Legislation and Legal Studies at the SGG, set the tone at the event's opening. He emphasized the complexity and interconnectedness of the legislative process, underscoring that effective legal rules result from the collaborative efforts of multiple actors, each playing a crucial role as defined by the Constitution. This understanding is vital as it highlights the need for a holistic and inclusive approach to law-making, one that integrates the diverse perspectives and expertise of various stakeholders.
Philipp Bremer, Director of the Konrad Adenauer Stiftung – Rule of Law Program – Middle East and North Africa, further enriched the discourse by stressing that the "success" of a law extends beyond meeting political objectives. For legislation to be genuinely successful, it must ensure a positive societal impact, mitigate undesirable side effects, and preempt unforeseen problems. This perspective calls for a comprehensive evaluation framework that scrutinizes laws not just at the proposal stage but throughout their lifecycle.
The study event's objectives are ambitious and far-reaching. It aims to examine the legislative processes in both Morocco and Germany through a comparative lens, addressing the methodological and practical challenges of ex-ante and ex-post evaluations of legislative projects and proposals. By doing so, it seeks to ensure that laws are not only effective at the time of their enactment but also remain relevant and functional over time.
Central to these discussions is the theme of legislative coherence. Participants will explore how legal texts can be drafted to ensure consistency, how they can be structured within a normative hierarchy, and how they can be harmonized with international commitments. This focus on coherence is crucial for creating legal frameworks that are not only clear and effective but also aligned with global standards and obligations.
Another critical objective of the event is to strengthen the systems and practices for assessing the impact of laws on society, the recipients of legal rules, and public policies. By understanding the roles of various actors in the legislative process, the event aims to foster a more inclusive and participatory approach to law-making. This ensures that laws serve their intended purpose and contribute positively to societal well-being.
The event is structured around four main themes: "the legislative process: an overview," "the evaluation of laws: between law and practice," "coherence and distribution of legislative norms," and "society, public policies, and the legislative process." These themes provide a comprehensive framework for exploring the multifaceted dimensions of legislative practices and their broader impacts.
One of the highlights of the event is the focus on Germany's legislative practices, particularly the ex-ante and ex-post evaluation of laws. The German experience of distributing legislative competences between the Federation and the Länder, and the transposition of European Union norms into Germany's internal legal order, offers valuable insights for Morocco. These discussions can help Moroccan jurists develop more effective and adaptable legislative frameworks that are responsive to the needs of their society.
Moreover, this event underscores the importance of strategic partnerships in driving legislative reform. The collaboration between Morocco and international partners like the KAS exemplifies the power of collective efforts in achieving shared goals. Such partnerships bring together diverse expertise, resources, and perspectives, ensuring that legislative reforms are well-informed and impactful.
In conclusion, the study event organized by the SGG and KAS is a testament to the power of international collaboration in enhancing legislative practices. By comparing the legislative processes in Morocco and Germany, both countries can learn from each other's experiences and work towards creating more effective, coherent, and impactful legal systems. Such initiatives not only strengthen the rule of law but also contribute to the overall development and well-being of society. As Morocco continues to refine its legislative processes, the insights gained from this collaboration with Germany will undoubtedly play a crucial role in shaping the future of its legal landscape.