Jawad Abbi, a researcher in the law of territorial groups, said, “The recent discussion regarding the performance of parking is a positive development in dealing with public opinion with some issues that were considered secondary despite its direct impact on the daily life of the citizen, and it indicates a new culture in dealing withPublic space as belonging to all, based on organization, respect and coexistence..
Ubbi added, in an article entitled "Legal clarifications in performance on parking", that "the performance of parking on the sides of the streets and public squares is a thorny and legally impregnated subject, and the first thing that the researcher in this field is is the scarcity of legislative and regulatory texts associatedWith him, "noting that" the multiplicity of real estate systems in Morocco and many parties interfere in organizing the parking process in public spaces increases the complexity of the matter. ".
The researcher in the law of territorial groups dealt with the subject in many aspects, especially with regard to “parking the car over the collective public domain”, “parking the car outside the collective public domain”, “parking the car over the public domain of the state”, and “parking the car over the kingPrivate, "and" car guard in public streets ".
This is the text of the article:
The recent discussion on social networks regarding the performance of parking, with which many media platforms interacted, as well as researchers and legal, is a positive development in dealing with public opinion with some issues that were considered secondary despite their direct impact on the daily life of the citizen, and indicatesOn a new culture in dealing with the public space as belonging to all, based on organization, respect and coexistence.Also, this discussion paves the way for the Moroccan citizen to overcome the traditional emotional approach regarding the monopoly of the public king by some groups under the pretext of "searching for a living", without paying attention to the rights of the rest of the citizens and other groups affected by that.
But on the other hand, we think that the discussion of this type should be set for some rules in order to be able to reach the desired, perhaps the most important of which are two basic rules, the first is to avoid distorting the reputation of any category of categories (Stigmatisation), and the second is manifested in investigation and research to surround the subject fromIts various social, economic, legal and other aspects.This article falls into contributing to the achievement of this second rule.
We would like to confirm that the performance of cars parking on the sides of the streets and public squares is a thorny and legally impregnated subject, and that the first thing that the researcher in this field objects is the scarcity of legislative and regulatory texts associated with it..Also, the multiplicity of real estate systems in Morocco and many parties interfere in organizing the parking process in public spaces.
To shed light on part of the subject aspects, we will show some legal clarifications regarding the car park, whether above the collective public domain or others, and we will also address some forms of random and illegal exploitation of parking lots.
Corporate parking over the collective public domain
It is well known that collective properties branch into two parts: the private collective king, in which the group behaves according to the rules of private law, and the collective public king subject to the rules of public law.
The head of the group’s council, according to the requirements of Article 94 of the regulatory law related to groups, managing and preserving the group's property.It also watches over the record of the contents of the collective property.
As for the collective public king, it is the powers of the head of the group’s council to take the necessary measures to manage it and grant the temporary occupation licenses to the collective public king to establish a construction in accordance with the legislative and regulatory texts in force.
Also, Article 100 of the regulatory law itself allows the head of the group’s council the authority to grant the licenses of the occupation of the public domain without establishing a construction, in accordance with the conditions and rulers stipulated in the laws and regulations in force..
As for monitoring the occupation of the collective public domain, it is within the jurisdiction of workers and regions.In addition to the Rabat worker, the specializations related to the regulation of traffic and the Golan, stand by public roads, and maintaining the safety of traffic in it and the temporary occupation licenses of the collective public king without establishing a construction.
We will not address here the various aspects of the collective public domain..
It is well known that the groups resort to renting parking lots and bicycles based on the notebooks of campaigns and through requests for offers for a certain period in exchange for a specific sum of money.Also, among the groups who spoke local development companies specifically to manage this facility, for the company to Naela the deal or the local development company to extract duties of standing from the comrades.
The wide question that is raised here is, does this process fall within the occupancy of public collective property temporarily?In the case of exile, what is the legal support for this rent?
Referring to the laws regulating public collective property, especially Law No. 30.89 related to the tax system due to local groups and their bodies (the requirements that remain in effect in a transitional basis in accordance with Law No. 39.07) It is clear that the occupancy of collective property includes three varieties, which are: temporarily occupying public collective property for purposes related to construction, temporarily occupying public properties for commercial, industrial or professional purposes, and temporarily occupying public collective property with movables or real estate related to the practice of commercial or industrial work orVocational.This law has defined how to liquidate and extract the fees resulting from the three varieties.
It is clear that the exploitation of parking lots on collective public property cannot be included in any of the aforementioned varieties.Accordingly, this process cannot be considered, at least from the perspective of the aforementioned law, a temporary occupation of the collective public king, and this prompted some legal persons to consider that the performance of the parking of the collective public domain is an illegal procedure.What is the legal support for this process and for the royalties that are extracted accordingly?
The groups are based on extracting the royalties of the vehicles and renting the positions of the vehicles on the collective public domain on an orphan article in the regulatory law related to groups;Where it was stated in the requirements of Article 100 that the head of the group’s council is concerned with taking organizational decisions in order to organize the conditions for the vehicles of the vehicles leading to it by public roads and squares and places designated for that by the group..
In return for this unique article, there is a legislative and regulatory scarcity regarding this field.Given that the liquidation and extraction of the fees fall within the field of law, and not the organizational law, of course, and in the absence of any legislative text that frames the performance of vehicles in public roads and arenas, it becomes clear, even if this performance has a legal basis, that the liquidation and extraction of the resulting royalties remain without legislative framing.
Regardless of this legislative vacuum, the performance imposed by the groups and the decision in its fiscal decisions remains in general acceptable by the majority of the comrades..However, in parallel with this supposed legitimacy, parking lots on the collective public domain may be subject to several aspects of random and illegal exploitation, from which we mention mainly:
The company's exploitation of the facility outside the range of roads and the squares stipulated in the rental contract and the campaign book, especially with the absence of chair.
Imposing a tariff that exceeds those stipulated in the rental contract and in the campaign book, which requires the publication of these data and the enabling of the public to see it.
The company's coach continues to exploit after the end of the contract period with the group.Often these data are not available for the comrades who continue to perform.In this case, the group must inform the public with the expiry of the contract period, and take the necessary measures against the company or the persons involved in exploitation outside the contractual period..
People present themselves as legal exploiters of the facility, without any knots with the group.This matter may result in criminal accountability, and the group and public authorities must intervene to put an end to this indiscriminate exploitation.
The companies or shops, without obtaining permission in this by the group, set a road chanting indicating that some of the areas located on the collective public domain are allocated to parking the cars of its users or customers, and not other comrades.Also in this case, collective interests must intervene to correct the situation and take what is necessary for the RAM right.
The car park outside the collective public domain
The public or private spaces open to the public, which are devoted to parking, can also be established on the public domain of the state, and the private king of public bodies or persons of private law.
Corporate parking over the public domain of the state
The state’s public king means those properties designated for the use of the state affiliated with the state, which is organized by many legal texts.The public domain of the state is divided into several items, including the marine king, the water king, the port king, the forest king, and others.The opinion of the jurists of law also differed in the classification of some other properties, such as King Al -Habsi, and the lands of Kish, as well.
Without the details of this controversy, and a relationship with the subject of this article, all of these properties do not fall within the property of the groups.Therefore, it is not entitled to act in any way, unless that is within the framework of some general specializations such as cleanliness, public lighting, and others..
In this context, the groups in principle do not have the right to impose royalties or fees on parking on this category of property, especially with regard to forest spaces, beaches, the banks of valleys, rivers, dams, harassment, bays, water eyes, lakes, etc..
However, according to the requirements of Article 209 of the regulatory law of groups, the state can miss or put real estate properties at the dispossessionIn this article.
Within this axis, the groups are included in the management of beaches, which is one of the public property of the state, based on the joint patrol No. 84 of June 8, 1995 for the Minister of State in the Interior and the Minister of Equipment on the management and preservation of beaches by local groups.
Corporate parking over the private king
Regarding the parking of cars over private property, the matter does not raise a serious legal problem, whether it is related to the private king of the properties, or the private king of the groups or the rest of the public law..The matter is related here to the cars that are prepared for a specific amount.This falls within the framework of normal commercial activities regulated by private law.As for the relationship between the owners and customers, it is subject to the basis for the principle of contracting regarding the determination of the obligations of both sides.Most of the time, the service provided in this framework concerns the car parking and guarding it at the same time.
Car guard in public streets
As for caring of cars in public streets, it cannot be considered an occupation of the public king by those who provide this service, but it is an unbeatable activity based on an implicit contract between the guard and the owner of the car, that is, it is entitled to the two parties, within the framework of freedom of contract, to agree on the financial compensationFor guarding, or leaving his identification to the owner of the car.The latter also has the right to reject the proposed service by the guard, without having to change the location of his car parking.
It is important to confirm in this context that the service proposed by this category of persons does not exempt the state at all from its responsibility to protect the safety of citizens ’property in the public street..Those whose car has been damaged is the right to damage a criminal act to demand the state to compensate for this damage before the competent administrative courts..
It should also be paid attention to the fact that caring of cars in public streets is not only raised by legal problems, but is sometimes constituted by several sources to annoy citizens and blackmail them, especially with the spread of random guards significantly, which requires the intervention of the public authorities to structure and organize this activity, in a way that guarantees the rights of this categoryAnd its dignity on the one hand, and provides the conditions of reassurance to car owners on the other hand.
To summarize the topic, we confirm that parking on the streets and public squares should not be dealt with as a temporary work for the public king, but as a public facility (Service Public) requires good management of work mainly on its framing legislative and regulatory aspect, in addition to the commitment of groups and the various interlocutors to provide all information related to the companyThe exploited, the amounts of royalties applied and the duration of the rental contract, as well as the roads and squares concerned with standing up, and strengthening this with clear roads..As for the random guard of cars, it is certain that the intervention of the public authorities has become necessary to organize this seizure, and to protect citizens and residents from harassment and blackmail.