During the national conference on “The Management and Prevention of State Disputes: A Path to Uphold Legality, Stabilize Investment, and Rationalize Public Spending”, held in Rabat on Tuesday, April 15, 2025, Mohamed Benalilou, President of the National Authority for Probity, Prevention and Fight against Corruption (INPPLC), issued a warning about the misuse of the concept of “administrative necessity” to justify decisions taken outside the legal framework.
Proactive Dispute Management: A Legal Imperative
Benalilou stressed that state disputes reflect major challenges in terms of overall governance, encompassing legislation, regulation, and management. He called for a proactive approach based on legality and the protection of rights to manage these disputes.
Grey Areas and Legal Uncertainty
The President of the INPPLC highlighted that legal complexity and the lack of clear legislative texts create grey areas, leading to divergent interpretations and reinforcing legal uncertainty. He also noted that the lack of sufficient information on administrative decisions can lead to arbitrary or selective decisions.
“Administrative Necessity”: A Misused Concept?
Benalilou criticized the use of “administrative necessity” as a justification for decisions outside the legal framework, which constitutes a violation of the principle of legality. He warned against exercising administrative function based on a logic of power rather than a logic of law, which reinforces the feeling of injustice and increases the rejection of administrative decisions.
Toward Structural Reform
To address these issues, Benalilou proposed several measures, including improving administrative performance, strengthening transparency and accountability, and adopting mediation mechanisms to resolve disputes amicably before resorting to the courts. He also suggested the creation of a National Observatory of State Disputes to analyze the causes of the increase in disputes and propose preventive solutions.
Economic Impact of State Disputes
The President of the INPPLC stressed that state disputes have a direct impact on economic performance by delaying projects and increasing risks for investors, thus making the investment environment less attractive.
Strengthening Dialogue and Transparency
Finally, Benalilou emphasized the importance of dialogue and transparency in strengthening the relationship between the administration and citizens. He called for making the prevention of disputes and alternative solutions a clear national strategy aimed at strengthening trust and achieving sustainable development.
Note: The National Authority for Probity, Prevention and Fight against Corruption (INPPLC) was established in accordance with Article 36 of the 2011 Moroccan Constitution. Its mission is to initiate, coordinate, supervise, and monitor the implementation of policies to prevent and fight corruption, collect and disseminate information in this area, contribute to the moralization of public life, and consolidate the principles of good governance, the culture of public service, and the values of responsible citizenship.
