On the Scope of Application of the DOC: Beyond a Border Conflict

Omar Azziman argues that despite the DOC being seventy years old, questions about its scope of application remain relevant. Determining which legal acts fall under the DOC is not obvious beyond formal boundaries. The stakes extend beyond border disputes due to current jurisprudential uncertainties and resulting legal insecurity. More importantly, the debate reignites questions about the sources inspiring Moroccan justice. Under the protectorate, pluralism was institutionalized: the DOC applied only before French courts in the southern zone and governed primarily foreigners appearing before modern courts. Moroccans, as litigants before traditional law courts, remained outside the DOC's scope. This historical duality continues to influence contemporary discussions about the code's application.