After noting that the increase in the number of cases opposing administrations to public establishments, the head of government Saad Eddine El Otmani, deemed it necessary to publish a circular which institutes the establishment of a special procedure to reconcile the administrations public in the event of disputes arising between them, in order to avoid their recourse to justice.
This decision came after El Otmani noted that public administrations continued to resort to the judiciary in conflicts between them. In fact, he considered that this situation “is inconceivable, because it would undermine the cohesion and the unity of the bodies of the executive power and would harm the spirit of solidarity which is supposed to prevail, knowing that these entities have all the power. same end, public service ”.
The procedure thus stipulates that potential or emerging disputes between administrations and public establishments must be presented to the judicial agent of the Kingdom to carry out the mission of mediation and conciliation.
This will seek a consensus between the parties in conflict through fair and equitable solutions to their dispute and this on the basis of listening sessions and the examination of documents and data sent by the parties in question.
In the event that a consensual solution is found between the parties, an official report will be drawn up including the results of the mediation and conciliation efforts that have been carried out.
In this report, duly signed by the parties and of which each will have a copy, they undertake to carry out the terms recorded. Also, a copy of the said report is submitted to the head of government in order to be aware of it.
The circular also specifies that “in the event that the two parties fail to find a consensual solution, the judicial agent of the Kingdom will draw up a report, which will take up the positions of the parties concerned, as well as his proposals on the means of resolving the matter. existing dispute.
This report will be submitted to the head of government who will have to arbitrate and make a final decision to resolve the conflict.
Mediation and arbitration to resolve legal disputes
With regard to disputes arising between public administrations and public establishments, on the one hand, and local authorities, on the other hand, the circular provides that it is possible to reach an agreement between the two parties to resort to an arbitration and mediation procedure on the part and the judicial agent of the Kingdom and that of the local authorities.
And in the event of agreement between the parties on the dispute between them, a report, signed by the parties with the provision of a copy for each of them, will stipulate that they are required to respect the terms . A copy of the minutes is also submitted to the head of government.
In this circular, Saad Eddine El Otmani relied on the provisions of article 5 of organic law n ° 065.13 relating to the organization and conduct of the work of the government and the status of its members, which confided to the Prime Minister the task of coordinating and directing the work of the government, and accompanying the work of the various government authorities and its public administrations, public institutions, public enterprises and other persons of common law placed under the supervision of the government.
Finally, it should be noted that this circular was sent to all ministers, delegate ministers, senior delegates as well as the general delegate in order to distribute it to the various services and departments under their jurisdiction.