Morocco Eyes Mandatory Administrative Claims Before State Lawsuits to Cut Costs

Moroccan lawmakers are moving to make administrative claims a mandatory step before citizens can sue the state, a move intended to ease the financial strain on the treasury. The Judicial Representation Agency of the Kingdom is drafting legislation that would prioritize amicable settlements and require individuals to file administrative claims first, with a stipulated response time for authorities.

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The administrative claim is a prerequisite before resorting to litigation, with the administration obliged to respond within a reasonable period.

This initiative comes as lawsuits against the state have surged by 70% over the past decade, reaching over 21,000 cases. In 2022 alone, compensation judgments against public administrations amounted to more than 6.9 billion dirhams. The Judicial Representation Agency managed to secure 3.12 billion dirhams of this amount for the state.

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The number of cases filed against the state increased from 14,505 to 21,218 over ten years, a 70 percent increase.

Legal experts see potential benefits in reducing the state's compensation burden and speeding up dispute resolution. However, concerns linger about whether this mandatory administrative claim process could restrict the right to litigation and become a tool for delaying disputes. The effectiveness and fairness of this new procedure, particularly in complex areas like tax and urban planning disputes, remain subjects of debate.

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The goal is to reduce financial burdens on the state, with savings achieved increasing from 2 billion to 7 billion dirhams annually.