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or when it appears to him unjustified or missing serious arguments.
I will not turn to concrete things that is to say, where warranted
recommendation when the objective conditions are met these cases
are in my opinion three fold, recurrent cases, denoting inadequate
procedures and regulations well founded claims based on consistent
and reliable elements and the resulting recommendations must be
realistic and take into account the chances of their receptivity. As I
already mentioned the institution of the mediator of the Kingdom of
Morocco annually receive thousands of complaints and grievances
most of which subject to classification for the reasons mentioned.
But the number of recommendations increases significantly year
after year to greatly exceed the hundred in the various contents. The
most important is not ultimately their numbers but to how to really
persuade the administrative for a just fair solution. Consensus for at
least a satisfactory compromise, saving on one hand to claim rights
by the citizen and on the other hand the authority and credibility of
the administrative act are involved. The recommendation represents
somehow the conclusion reached through the analysis met by the
institution. It is made from data considered carefully and carefully
interpreted given the laws and jurisprudence in force. In Morocco, the
main recommendations issued in the recent years have concerned
namely the effects of judgments for invalidation of administrative
decisions. This implies for example the rehabilitation of the rights of 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
the dismissed officials, the execution of the judgement themselves
relying on the authority of res judicata.
These cases frequent and concerns expropriation for public purposes
and remaining without adequate compensation and within a
reasonable time. Another important subject is the public contracts
with the administration according to given procedures. Commitments
are not always faithfully observed in accordance with the contractual
terms. Prescription is another subject of concern we must in this
respect comply with the superiority of justice and fairness especially in
case of error negligence met by the administration itself and when it
is accountable. The state is also responsible for delays, its obligations
and must bear the consequences of such situations. This is a very wide
and very comprehensive topic actually.
My apologies I had to make my presentation very quickly and actually
I have touched upon the topic or the subject of another session. I

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