While artificial intelligence (AI) deeply redefines the modes of production and processing of law around the world, certain jurisdictions have decided to engage, upstream, in a strategic and ethical reflection on its integration. This is the case of the French Court of Cassation, whose report published in April 2025 constitutes a solid methodological example: identification of relevant uses, rigorous evaluation criteria, sovereign governance of data, and clear assertion of the primacy of the judge.
But Morocco is not France. And if it is legitimate to inform itself of foreign approaches, it is equally essential to recall that our country has clean benchmarks – constitutional, cultural, legal and spiritual – to define its own path.
A model besides, a vision from here
The report of the French Court of Cassation offers interesting avenues in terms of the structuring of judicial data, automated documentary research or even writing assistance. But he also insists on substantive principles: transparency, technological frugality, human control and respect for fundamental rights.
These principles echo certain shared aspirations. However, Morocco cannot or must transpose devices without contextualizing them. Because our justice is based on specific foundations:
– a constitution that articulates universal and national duties;
– a legal culture fueled by the plurality of the sources of law;
– and a public ethics in permanent dialogue with the principles of Islam, enlightened by the councils of ulemas.
A Moroccan base for an ethical judicial AI
In a previous article, we proposed that the Court of Auditors of Morocco could initiate an assessment of public policies of artificial intelligence. It was a proposal for anticipation, intended to lay the foundations for a sovereign, progressive and ethical audit of AI in institutions.
In the judicial field, the same logic could apply, with even more rigor and vigilance. Because it is not a question here of gaining productivity, but of preserving the balances of the fair trial, the legitimacy of the judge, and the confidence of citizens in the judicial system.
Five tracks for a Moroccan approach
1. Create a monitoring and ethical cell on the judicial AI, attached to the Moroccan Court of Cassation or to the Superior Council of the Judicial Power.
2. Define a Moroccan Charter for the use of AI in justice, in dialogue with the values of Islam, the requirements of transparency and the imperatives of sovereignty.
3. Form magistrates to the challenges of AI: not to transform them into technicians, but to allow them to keep their hands, knowingly.
4. Avoid any form of delegation from the judicial decision to an AI, whatever its sophistication.
5. Promote a pluralist national debate, associating lawyers, computer scientists, sociologists, ulemas and citizens.
