Recourse Against the Administration in Morocco – Administrative Law

Introduction

The State and local authorities possess public powers—the prerogatives of a public authority. However, citizens and businesses are not left without recourse in the face of abuses or unlawful decisions by these authorities. Law No. 41-90, which established administrative courts in Morocco, ensures the protection of individuals in their dealings with the administration.

Recourse Against Abuse of Power (*Recours pour Excès de Pouvoir* – REP)

When an administrative decision (such as the refusal of an authorization, an expropriation order, or a disciplinary sanction against a civil servant) is tainted by illegality, it is possible to request its annulment before an Administrative Court.

Admissibility requirements:

• Compliance with the time limit for filing an appeal (generally 60 days from the date of notification or publication of the decision).

• The requirement, in certain cases, to first file an administrative appeal (*recours gracieux*) with the authority that issued the decision.

Claim for Compensation (*Plein Contentieux*)

If an act or a malfunction within a public service causes material or non-material harm (e.g., an accident resulting from a failure to maintain a public road, or medical malpractice in a public hospital), the administration may be ordered to pay damages.

The Expertise of Maître Mohcine ZIANI

Based In Rabat—an institutional hub and the seat of key ministries and central government administrations—the law firm of Maître Mohcine ZIANI is strategically positioned to manage your administrative procedures.