Speaking at a panel on emerging jurisprudence and arbitration in the field of climate change, Imane Elmalki, Advisor to the Court of Cassation and head of division at the Supreme Council of the Judiciary Power (CSPJ), stressed that, thanks to the High Royal Directions in this area, Morocco has long engaged in public policies on environmental protection, adding that it has developed a very advanced legal framework that respects national and international commitments.
“Morocco has a very developed legal arsenal and very innovative laws,” she said, highlighting the guidelines of the Court of Cassation that are in this direction.
In this regard, she mentioned the easing of the burden of proof in environmental matters, explaining that now, “we no longer take into account the traditional concept of responsibility, based on fault, injury and causality,” but rather the principle of presumed environmental responsibility prevails.
“It is enough that there is a damage for there to be compensation and damages,” said Elmalki, noting that the Court of Cassation has issued several rulings in this direction that emphasize the concept of responsibility, whether of the state or individuals.
She noted, however, the complexity of the task in criminal matters, because of the principle of legality, which states that there is no offense or penalty without a legal text, explaining that the constituent elements of the ecological offense must be clear and precise in the law, to prevent misinterpretation.
The Court is also responsible for holding the State accountable for any damage it may cause as a result of administrative decisions that may cause environmental damage, said Elmalki, indicating that judges have become more concerned and more sensitive to environmental issues, which will allow Morocco to move forward in terms of environmental jurisprudence.
In addition, she recalled that the Court of Cassation took part in the various events of the COP 22, which was held in 2016 in Marrakech, through publications, conferences, seminars and workshops, “which allowed it to raise the voice of Africa in environmental matters.”
More than 300 participants are taking part in the 3rd Regional Symposium on Greening Judiciaries in Africa.
