Abstract
This article analyzes the disciplinary power of the Moroccan Order of Physicians, tracing its legal foundations and organization. After reviewing the historical evolution from the dahirs of 1941 and 1949 to the framework established by the dahir bearing law of 21 March 1984, the author examines the foundation of disciplinary power through two competing doctrines—contract theory and institution theory—favoring the latter as inherent to the professional order. The study then addresses the disciplinary competence of the regional and national councils (ratione personae, ratione materiae, and ratione loci), the notion of professional misconduct, and the categories of disciplinary sanctions (moral penalties, material penalties, and a complementary penalty). Finally, it details the disciplinary procedure at first instance and on appeal, emphasizing the rights of defense, the adversarial character of the proceedings, and the jurisdictional nature of the national council's decisions, which are subject only to cassation review before the Supreme Court.
Recommended Citation
Sdoud, Dris
(1990)
"The Disciplinary Power of the Order of Physicians,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 9:
Iss.
2, Article 19.
https://doi.org/10.66499/2665-7112.1647
Available at:
https://scholarhub.univh2c.ma/remadeg/vol9/iss2/19
DOI
10.66499/2665-7112.1647