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Back to: Constitutions
Morocco
The
Constitution adopted on September 13th, 1996.
PREAMBLE
An Islamic and fully sovereign state whose official language is
Arabic, the Kingdom of Morocco constitutes a part of the Great Arab
Maghreb.
As an African state, it has, among its objectives, the realisation
of African unity.
Aware of the need of incorporating its work within the frame of the
international organisations of which it has become an active and
dynamic member, the Kingdom of Morocco fully adheres to the
principles, rights and obligations arising from the charters of such
organisations, as it reaffirms its determination to abide by the
universally recognised human rights.
Likewise, it reaffirms its determination to continue its steady
endeavours towards the safeguard of peace and security in the world.
CHAPTER ONE:
General provisions. Basic principles
ARTICLE 1
Morocco shall have a democratic, social and constitutional Monarchy.
ARTICLE 2
Sovereignty shall be that of the People who shall exercise it
directly, by means of referendum, or indirectly, through the
constitutional institutions.
ARTICLE 3
Political parties, unions, district councils and trade chambers
shall participate in the organisation and representation of the
citizens.
There shall be no one-party system.
ARTICLE 4
The law shall be the supreme expression of the will of the
Nation.All shall abide by it.The law shall have no retroactive
effect.
ARTICLE 5
All Moroccan citizens shall be equal before the law.
ARTICLE 6
Islam shall be the state religion.The state shall guarantee freedom
of worship for all.
ARTICLE 7
The emblem of the Kingdom shall be a red flag with a five-pointed
green star in the center.
The motto of the Kingdom shall be : GOD, THE COUNTRY, THE KING.
ARTICLE 8
Men and women shall enjoy equal political rights. Any citizen of age
enjoying his or her civil and political rights shall be eligible to
vote.
ARTICLE 9
The constitution shall guarantee all citizens the following:
(a) freedom of movement through, and of settlement in, all parts of
the Kingdom;
(b) freedom of opinion, of expression in all its forms, and of
public gathering;
(c) freedom of association, and the freedom to belong to any union
or political group of their choice.
No limitation, except by law, shall be put to the exercise of such
freedoms.
ARTICLE 10
No one shall be arrested, put into custody or penalised except under
the circumstances and procedures prescribed by law.
The home shall be inviolable. Search warrant shall be issued and
investigation ordered under the conditions and procedures prescribed
by law.
ARTICLE 11
Secrecy of personal correspondence shall be preserved.
ARTICLE 12
Opportunities for employment in public offices and positions shall
be uniformly open to all citizens.
ARTICLE 13
All citizens shall have equal rights in seeking education and
employment .
ARTICLE 14
The right of strike shall be guaranteed.
Conditions and ways of exercising such a right shall be defined by
an organic law.
ARTICLE 15
The right of private property and free enterprise shall be
guaranteed.
The law shall put limitations to its extent and use if so required
by the socio-economic development planned for the Nation.
No expropriation shall be ordered except under such circumstances
and provisions as prescribed by law.
ARTICLE 16
All citizens shall contribute to the defence of the Country.
ARTICLE 17
All citizens shall, according to their contributory power, bear
public costs which shall be enacted and allocated only by the law,
and in the manner stipulated in the provisions of the present
Constitution.
ARTICLE 18
All shall, in solidarity, bear the costs resulting from disasters
suffered by the Nation.
CHAPTER TWO :
MONARCHY
ARTICLE 19
The King, "Amir Al-Muminin"(Commander of the Faithful), shall be the
Supreme Representative of the Nation and the Symbol of the unity
thereof. He shall be the guarantor of the perpetuation and the
continuity of the State.As Defender of the Faith, He shall ensure
the respect for the Constitution. He shall be the Protector of the
rights and liberties of the citizens, social groups and
organisations.
The King shall be the guarantor of the independence of the Nation
and the territorial integrity of the Kingdom within all its
rightfull boundaries.
ARTICLE 20
The Moroccan Crown and the constitutional rights thereof shall be
heriditary and handed down, from father to son, to descendants in
direct male line and by order of primogeniture among the offspring
of His Majesty King Hassan II, unless the King should, during his
lifetime, designate a successor among his sons apart from the eldest
one. In case of failing descendants in direct male line, the right
of succession to the Throne shall, under the same conditions, be
invested in the closest male in the collateral consanguinity.
ARTICLE 21
The King shall be considered minor until he turns sixteen.During the
King's phase of minority, a Regency Council shall assume the powers
of the constitutional rights of the Crown, with the exception of
those pertaining to the revision of the Constitution.
The Regency Council shall serve as an advisory board to the King
until he turns twenty.
The Regency Council shall be presided over by the First President of
the Supreme Court. It shall include, in addition to its Chairman,
the President of the House of Representatives, the President of the
House of Counsellors , the Chairman of the Rabat and Salé Ulama
Council (of scholars), and ten dignitaries appointed with the King's
own accord.
Rules of procedure of the Regency Council shall be governed by an
organic law.
ARTICLE 22
The King shall be entitled to a Civil List.
ARTICLE 23
The person of the King shall be sacred and inviolable.
ARTICLE 24
The King shall appoint the Prime Minister.
Upon the Prime Minister's recommendation, the King shall appoint the
other Cabinet members as he may terminate their services.
The King shall terminate the services of the Government either on
his own initiative or because of their resignation.
ARTICLE 25
The King shall preside over Cabinet meetings.
ARTICLE 26
The King shall promulgate a definitively adopted law within the
thirty days following its receipt by the Govemment.
ARTICLE 27
The King may dissolve the two Houses of Parliament or one thereof by
Royal Decree, in accordance with the conditions prescribed in
Articles 71 and 73.
ARTICLE 28
The King shall have the right to deliver addresses to the Nation and
to the Parliament.The messages shall be read out before both Houses
and shall not be subject to any debate.
ARTICLE 29
The King shall, by Royal Decrees, exercise the statutory powers
explicitly conferred upon him by the Constitution.
Royal Decrees shall be countersigned by the Prime Minister, with the
exception of those provided for in Articles 21 (Paragraph 2), 24
(paragraphs 1, 3 and 4), 35, 69,71, 79, 84, 91, 99 and 105.
ARTICLE 30
The King shall be the Commander-in-chief of the Royal Armed Forces.
He shall make civil and military appointments and shall reserve the
right to delegate such a power.
ARTICLE 31
The King shall accredit ambassadors to foreign nations and
international organisations. Ambassadors or representatives of
international organisations shall be accredited to him.
The King shall sign and ratify treaties. However, treaties
committing State finances shall not be ratified without having been
approved under the law.
Treaties likely to affect the constitutional provisions shall be
approved in accordance with the procedures prescribed for the
modification of the Constitution.
ARTICLE 32
The King shall preside over the Supreme Council of the Magistracy,
the Supreme Council of Education and the Supreme Council for
National Reconstruction and Planning.
ARTICLE 33
The King shall appoint magistrates in accordance with the conditions
prescribed in Article 84.
ARTICLE 34
The King shall exercise the right of granting pardon.
ARTICLE 35
Should the integrity of the national territory ever be under threat
or should any event interrupt the course of action of the
constitutional institutions, the King shall, after consulting with
the President of the House of Representatives and the president of
the House of Counsellors as well as the Chairman of the
Constitutional Council, and addressing the Nation, have the right to
declare a State of Emergency by Royal Decree.
Notwithstanding all contrary provisions, he shall hence assume the
responsibility of taking all the necessary measures for the
country's defence and the restoration of a normal functioning of
constitutional institutions and State affairs.
The State of Emergency shall not entail the dissolution of the
Parliament.
The State of Emergency shall be terminated according to the same
procedure followed in the proclamation thereof.
CHAPTER THREE:
ORGANISATION OF THE PARLIAMENT
ARTICLE 36
The Parliament shall be made up of two Houses, the House of
Representatives and the House of Counsellors .Members of the Houses
shall hold their mandate from the Nation. Their right to vote shall
be personal and cannot be delegated.
ARTICLE 37
Members of the House of Representatives shall be elected for a six-
year term by direct universal suffrage. The legal legislative period
shall end at the opening of the October session in the fifth year
following the election of the House.
The number of representatives as well as the voting system,
eligibility requirements, incompatibility cases, legal contentions
concerning elections shall be set out in an organic law.
The President shall be elected first at the beginning of the
legislative period, then at the April session in the third year of
the said period and for the remaining portion thereof.
Members of the Board shall be elected for one year; their number
shall be in propotion to their respective groups.
ARTICLE 38
For 3/5 of its membership, the House of Counsellors shall consist of
members elected in each region by electoral colleges made up of
elected members of trade chambers as well as members elected at the
national level by an electoral college consisting of wage-earners'
representatives.
Members of the House of Counsellors shall be elected for a nine-year
term.One third of the House shall be renewed every three years.In
the first and second renewal operations, seats shall be drawn by
lot. The number of counsellors as well as the voting system, the
number of members to be elected by each electoral college, the
distibution of seats according to regions, eligibility requirements,
incompatibility cases, balotting procedures mentionned above and
legal contentions concerning elections shall be set out in an
organic law.
The President of the House of Counsellors and members of the Board
shall be elected at the October session during each renewal
operation in the House. Members of the Board shall be elected in
propotion to the size of their respective groups.
Upon the setting up of the first House of Counsellors or upon its
election following the dissolution of the preceding House, the
President and the members of the Board shall be elected at the
beginning of the session which follows the election;they shall seek
renewal of their term of office at the beginning of the October
session during each renewal operation in the House.
ARTICLE 39
No member of Parliament shall be prosecuted, arrested, put into
custody or brought to trial as a result of expressing opinions or
casting a vote while exercising office functions, except when the
opinions expressed may be injurious to the monarchical system and
the religion of Islam or derogatory to the respect owed the king.
During parliamentary sessions, no member of Parliament shall be
subject to prosecution or arrest for criminal charges or felonies,
besides those mentioned in the preceding paragraph, without
permission from the House except flagrante delicto.
Outside parliamentary sessions, no member of Parliament shall be
subject to arrest without permission from the Board of the House ,
except flagrante delicto, or in the case of authorised prosecution
or final judgement.
The imprisonement or prosecution of a member of Parliament shall be
suspended if so required by the House, except flagrante delicto or
in the case of authorised prosecution or final judgment.
ARTICLE 40
The Parliament shall hold its meetings during two sessions a year.
The King shall preside over the opening of the first session which
shall begin on the second Friday in October. The second session
shall begin on the second Friday in April.
When the Parliament convenes for at least three months during one
session, the session may be adjourned by decree.
ARTICLE 41
The Parliament may be convened in special session either at the
request of the absolute majority of the members of one of the two
Houses or by decree.
Special sessions of the Parliament shall be held on the basis of a
defined agenda. Once the agenda fully addressed , the session shall
be adjourned by decree.
ARTICLE 42
Cabinet members may attend the meetings of each House and those of
the committees thereof; they shall, in this respect, have the right
to commission their own assistants.
Apart from the standing committees referred to in the preceding
paragraph, parliamentary fact-finding committees may be established
on the King's initiative or upon the request of the majority of the
members of one of the two Houses and within each House , with the
mission of inquiring about specific facts and submitting findings
thereon to that House.
There shall be no fact-finding committees in cases involving
prosecutions, and as long as these are being conducted.
The mission of any fact-finding committee which may be established
shall end with the opening of the judicial investigation pertaining
to the instances bringing about the establishment thereof.
Fact-finding committees shall by nature be temporary. Their mission
shall end with the submission of their reports.The functioning of
these committees shall be governed by an organic law.
ARTICLE 43
Meetings of the Houses of Parliament shall be open to the public.
Proceedings of the debates shall be published in extenso in the
Gazette .
Each House may hold private meetings if so requested by the Prime
Minister, or by a third of its members.
ARTICLE 44
Each House shall establish and vote on its own Rules of Procedure.
These shall not, however, go into effect until they are declared by
the Constitutional Council as consistent with the provisions of this
Constitution.
POWERS OF THE PARLIAMENT
ARTICLE 45
Legislation shall be voted on by Parliament. For a limited period of
time, and for a defined purpose, the Government may be empowered by
law to take, by decree, measures normally falling within the purview
of the law. Decrees shall become effective immediately after the
publication thereof; however, they shall be submitted, for
ratification, to the Parliament within the time limits set by the
empowering law. Should either House be dissolved, such a law shall
become void.
ARTICLE 46
In addition to jurisdiction matters explicitly assigned in other
articles of the Constitution, the Legislative Power shall have
competence in the following areas:
(a) the individual and collective rights enumerated in Chapter One
of the present Constitution;
(b) determining offences and the appropriate penalties, the penal
and civil procedure and the promulgation of new categories of
jurisdiction;
(c) the statute of magistrates;
(d) the general statute of public offices;
(e) the fundamental guarantees granted civil and military personnel;
(f) the electoral system of local assemblies and councils;
(g) the regulation of civil and commercial liabilities;
(h) the establishment of new public agencies;
(i) the nationalisation of enterprises or the transfer thereof from
the public to the private sector.
The Parliament shall be empowered to vote on basic laws pertaining
to the fundamental objectives of the activities of the State in
economic, social and cultural areas.
ARTICLE 47
Matters outside the purview of legislature shall come under
statutory jurisdiction.
ARTICLE 48
Legislated bills may be amended by decree, with the consent of the
Constitutional Council and when they fall within the jurisdiction of
the authority holding statutory power.
ARTICLE 49
A state of martial law may be declared by Royal Decree for a period
of thirty days. This duration may be extended by law only.
ARTICLE 50
The appropriation law shall be voted on by the Parliament under
conditions prescribed by an organic law.
Capital expenditures resulting from developement plans shall be
voted on only at the time the Parliament approves such plans. These
expenditures shall automatically be extended throughout the period
of the plan.The Government alone shall have the prerogative to
submit draft bills aimed at modifying programms thus adopted.
If, by the end of the fiscal year , the budget is not voted on or is
not promulgated as a result of its submission to the Constitutional
Council in accordance with Article 81, the Govemment shall, by
decree and in accordance with the budgetary proposals submitted for
approval, be entitled to allocate funds necessary for the operation
of the public services and the exercise of the functions thereof.
In such a case, revenues shall be collected in accordance with the
legislative and statutory prescriptions in force, except, however,
those revenues to be cancelled under the proposed appropriation law.
As for those to be cut down under the same law, they shall be
collected at the proposed new rate.
ARTICLE 51
Proposals and amendments introduced by Members of Parliament shall
not be acceptable when the adoption thereof might af'fect the
proposed I appropriation law by causing a decrease in public
resources, an increase in a public expenditure or the creation of a
new one.
THE EXERCISE OF THE LEGISLATIVE POWER
ARTICLE 52
The right to introduce laws shall equally be granted the Prime
Minister and Members of Parliament.
Draft bills shall be laid on the table of one of the two Houses.
ARTICLE 53
The Govemment may declare the unsuitability of any proposal or
amendment considered outside the purview of the legislative power.
In case of disagreement, the Constitutional Council shall take
action within a period of eight days upon request of one of the two
Houses or the Govemment.
ARTICLE 54
Draft bills and proposals shall be examined by the acting committees
whose work shall continue during the interval between the sessions.
ARTICLE 55
During the recess periods, the Govemment may, in agreement with the
committees concerned, in both Houses, adopt ordinances which shall
be submitted, for ratification, during the following regular session
of Parliament.
The draft bill shall be tabled in one of the two Houses. It shall be
considered successively by the relevant committees in both Houses in
order to reach a joined decision within a period of six days.In case
such a decision is not reached, steps shall be taken at the request
of the Government to set up a joint committee with equal
representation; it shall have three days to work out a joint
decision for submission to the relevant committees.
The agreement mentioned in the first paragraph of the present
article shall be considered as refused if the joint committee with
equal representation has not reached a decision within the time
limits mentioned above or if the decision proposed by the said
committee is not endorsed by the relevant committees within a period
of four days .
ARTICLE 56
The Board of each House shall prepare the agenda of the House.
Priority shall be given, in the order defined by the Government, to
the discussion of draft bills it introduces and proposed laws
accepted by it.
One meeting per week shall, by priority, be reserved in each House
for the questions of the members of the House and the Govemment's
responses.
The Govemment shall give a reply within twenty days after their
receipt of the question.
ARTICLE 57
Members of each House, as well as the Government, shall have the
right to propose amendments. After the opening of the debates, the
Government may object to the examination of any amendment not
submitted, beforehand, to the acting committee concerned.
If requested by the Government, the House in which the text under
discussion was tabled shall take action by single vote on the whole
or part of the bill under discussion. Only amendments proposed or
accepted by the Government shall be considered.
ARTICLE 58
Any draft bill or proposed bill shall be considered successively by
the two Houses of Parliament, with a view to adopting an identical
text.The House in which the draft bill is tabled first shall examine
the text of the draft bill presented by the Government or the text
of the proposed bill on the agenda. A house in which a bill already
adopted by the other House is tabled, shall deliberate on the draft
referred to it.
If a draft bill or a proposed bill cannot be adopted after two
readings in each House, or if the Government proclaims that the
matter is urgent after only one reading in each House, the
Government may call a meeting of the joint committee with equal
representati on which shall propose a draft on the remaining
provisions under discussion.The text drafted by the joint committee
may be submitted by the Government to the Houses for adoption.No
amendment shall be considered except with the approval of the
Government.
If the joint committee has not managed to adopt a joint bill or if
the bill has not been adopted or if the bill has not been adopted by
the two Houses, the Government may submit to the House of
Representatives the draft bill or the proposed bill as modified, if
necessary, in the light of amendments reached during parliamentary
debates and taken up by the Government.The House of Representatives
shall proclaim final adoption of the bill only with the absolute
majority of its members.
Provisions adopted by the House of Representatives in compliance
with article 75 ,paragraph 2, shall be considered as endorsed by the
absolute majority of the House.
Organic laws shall be adopted and amended under the same
conditions.However the draft bill or the proposed bill for an
organic law shall not be submitted for discussion or voting at the
First House in which it is to be tabled until the end of a ten -day
period following its registration.
Organic laws pertaining to the House of Counsellors shall be put to
the vote under the same conditions in both Houses.
Organic laws shall not be promulgated until the constitutional
Council issues a decision on their conformity with the Constitution.
CHAPTER FOUR:
THE GOVERNMENT
ARTICLE 59
The Government shall be composed of the Prime Minister and
Ministers.
ARTICLE 60
The Government shall be answerable to the King and the Parliament.
After the appointment of the Cabinet members by the King, the Prime
Minister shall appear before each one of the two Houses, to submit
the programme to be carried out. Such a programme shall clearly
outline the policy to be adopted by the Government in various areas
of national activity, namely in economic, social, cultural and
foreign affairs.
This programme shall come under discussion in each one of the two
Houses.At the House of Representatives, it shall be put to the vote
in accordance with the provisions stipulated in paragraphs 2 and 3
of Article 75, and with the implications accounted for in the last
paragraph of the same Article.
ARTICLE 61
Under the Prime Minister's responsibility, the Government shall
ensure the execution of the laws. All public facilities shall be
placed at the Government's disposal.
ARTICLE 62
The Prime Minister shall have the right to introduce bills. No draft
bill shall be tabled, by his Department, in one of the two Houses
before it is debated in a Cabinet meeting.
ARTICLE 63
The Prime Minister shall exercise the administrative powers.
Decrees endorsed by the Prime Minister shall be countersigned by the
Ministers responsible for the implementation thereof.
ARTICLE 64
The Prime Minister may delegate some of his powers to the Ministers.
ARTICLE 65
The Prime Minister shall be responsible for the co-ordination of
ministerial activities.
ARTICLE 66
The Cabinet shall be notified of the following, before any relevant
decision is taken:
(a) matters related to general policies of the State;
(b) declaration of martial law
(c) declaration of war;
(d) requesting confidence from the House of representatives to allow
the Government to carry out their responsabilities further;
(e) draft bills, before they are brought to one of the two Houses;
(f) statutory decrees,
(g) decrees mentioned in Articles 40,41,45and 55 of this
Constitution :
(h) draft plan;
(i) projects for revising this Constitution
CHAPTER FIVE :
THE BRANCHES
RELATIONS BETWEEN THE KING AND THE PARLIAMENT
ARTICLE 67
The King may request a second reading by the two Houses of any draft
bill or proposed law.
ARTICLE 68
A second reading shall be requested in a message. Such a new reading
shall not be refused.
ARTICLE 69
After a second reading, the King may, by Royal Decree, submit any
draft bill or proposed law to referendum, except in the case of
those submitted for a new reading which shall have been adopted or
rejected by a two-third majority of the members of each one of the
two Houses;
ARTICLE 70
The results of the referendum shall be binding upon all.
ARTICLE 71
After consulting with the Presidents of the two Houses,and the
Chairman of the Constitutional Council and addressing the Nation,
the King may decree the dissolution of the two Houses or of one of
them only .
ARTICLE 72
The election of the new Parliament or the new House shall take
place, at the latest, three months after such a dissolution.
the King shall, in the meantime, exercise the powers lying with the
Parliament in terms of law making, in addition to those conferred
upon him by this Constitution.
ARTICLE 73
When a House is dissolved, the one succeeding it shall not be
dissolved until a year after its election.
ARTICLE 74
The declaration of war shall be announced after notifying the House
of' Representatives and the House of Counsellors.
RELATIONS BETWEEN PARLIAMENT AND THE GOVERNMENT
ARTICLE 75
The Prime Minister may engage the responsibility of the Government
before the House of Representatives through a vote of confidence
regarding a statement on a general policy or a proposal requesting
the approval thereof'.
Confidence shall be withdrawn and a bill rejected only by an
absolute majority vote of the Members of the House of'
Representatives.
The vote shall be held three clear days after the matter of the vote
of confidence has been raised.
Withdrawal of confidence shall entail the resignation of the
Government in a body.
ARTICLE 76
The House of Representative may put into question the pursuance of
the Government's responsibilities by adopting a censure motion. Such
a motion shall be acceptable only if signed by at least one -fourth
of the members of the House.
The censure motion shall be approved by the House of Representatives
only by an absolute majority vote of its members. Voting shall take
place three clear days only after the motion has been introduced.
The vote for censure shall entail the resignation of the Govemment
in a body.
Should the Govemment be censured by the House of Representatives, no
other censure motion shall be acceptable before a year has elapsed.
ARTICLE 77
The House of Counsellors may vote warning or censure motions against
the Government.
The warning motion must be signed by at least one third of the
members of the House of Counsellors.It shall be voted by the
absolute majority of the members of the House . Voting shall take
place three clear days after the motion has been introduced.
The text of the warning shall be sent forthwith by the President of
the House of Counsellors to the Prime Minister who shall, within six
days, present before the House of Counsellors, the Government's
position concerning the reasons which prompted the warning.
The government's statement shall be followed by a debate without a
vote.
The censure motion shall not be introduced unless it is signed by at
least one third of the members of the House of Counsellors. It shall
be approved only after a vote by a 2/3 majority of the members of
the House.Voting shall take place three days after the motion has
been introduced.
The vote for censure shall entail the joint resignation of the
Government.
Should the Government be censured by the House of Counsellors, no
other censure motion shall be introduced in the House of Counsellors
before a year has elapsed.
CHAPTER SIX :
THE CONS'TITUTIONAL COUNCIL
ARTICLE 78
A Constitutional Council shall be established.
ARTICLE 79
The Constitutional Council shall be made up of six members appointed
by the King for a nine -year period.
Upon consultation with parliamentary groups, six other members shall
be appointed for the same period, half of them by the President of
the House of Representatives and the other half by the President of
the House of Counsellors. A third of each category of members shall
be renewed every three years.
The chairman of the Constitutional Council shall be selected by the
king among the members appointed by him.
The Chairman and the members of the Counstitutional Council shall
serve for a non renewable term of office.
ARTICLE 80
An organic law shall govern the organisation and work of the
Constitutional Council as well as the procedure it shall adopt,
particularly with respect to deadlines set for referred disputes.
Likewise, this organic law shall determine the functions which may
not be compatible with that of Council member, the conditions of the
first two renewals for a three -year term, as well as the procedure
for replacing inactive members, either as a result of resignation or
death during their term of office.
ARTICLE 81
The Constitutional Council shall perform the functions assigned by
the articles of the Constitution or the provisions of the organic
laws. It shall furthermore decide on the validity of the election of
the Members of Parliament and that of referendum operations.
Organic laws -before promulgation - and the Rules of Procedure of
each House before implementation- shall be submitted to the
Constitutional Council to look into their consistence with the
Constitution. Before promulgation, laws may, for the same reason, be
referred to the Constitutional Council by the King, the Prime
Minister, the President of the House of Representatives,the
President of the House of Counsellors or one-fourth of the members
making up one House or the other.
The Constitutional Council shall have one month to decide upon the
special instances stated in the preceding two paragraphs. However,
in case of emergency, the deadline may be reduced to eight days if
so requested by the Govemment.
Regarding the above mentioned instances, referring law to the
Constitutional Council shall entail the suspension of the deadline
of the promulgation thereof.
No unconstitutional provision shall be promulgated or implemented.
Decisions of the Constitutional Council shall, in no way, be put
into question. They shall, furthermore, be binding upon all public
authorities, administrative and judicial sectors.
CHAPTER SEVEN:
THE JUDICIARY
ARTICLE 82
The Judiciary shall be independent from the legislative and
executive branches.
ARTICLE 83
Sentences shall be passed and executed in the King's name
ARTICLE 84
Upon recommendations made by the Supreme Council of Magistracy,
Magistrates shall be appointed by Royal Decrees.
ARTICLE 85
Magistrates in the bench shall be irremovable .
ARTICLE 86
The Supreme Council of Magistracy shall be presided over by the
King. It shall further consist of
(a) the Minister of Justice as Vice-President;
(b) the First President of the Supreme Court;
(c) the Prosecutor General in the Supreme Court;
(d) the President of the First Chamber the Supreme Court;
(c) two representatives elected among magistrates of the Court of
Appeal;
(i) four representatives elected among magistrates of first degree
courts.
ARTICLE 87
The Supreme Council of Magistracy shall ensure the implementation of
the guarantees granted magistrates regarding their promotion and
discipline.
CHAPTER EIGHT :
THE HIGH COURT OF JUSIICE
ARTICLE 88
Members of the Government shall be penally responsible for crimes
and felonies they may commit while exercising their functions.
ARTICLE 89
They may be indicted by the two Houses of Parliament and referred to
the High Court of Justice for trial.
ARTICLE 90
The proposed draft for indictment must be signed by at least a
quarter of the members of the House in which it was tabled first .
It shall be examined successively by the two Houses and shall be
approved only when an identical vote is cast by each House by secret
ballot and a two- third majority of its members with the exception
of those members called upon to take part in conducting the
prosecution and the investigation process and issuing the verdict.
ARTICLE 91
The High Court of Justice shall consist of equal numbers of members
elected from the House of Representatives and the House of
Counselors. Its President shall be appointed by Royal Decree.
ARTICLE 92
An organic law shall determine the number of the High Court members,
the method of their election and the Rules of Procedure to be
adopted.
CHAPTER NINE:
THE ECONOMIC AND SOCIAL COUNCIL
ARTICLE 93
An Economic and Social Council shall be established.
ARTICLE 94
The Economic and Social Council may be consulted by the Government,
as well as the House of Representatives and the House of Counsellors
on all matters of economic or social nature. It shall give its
opinion on the general guidelines pertaining to the national economy
and training programmes.
ARTICLE 95
The constitution, organisation, prerogatives and rules of procedure
of the Economic and Social Council shall be determined by an organic
law.
CHAPTER TEN:
THE AUDIT COURT
ARTICLE 96
The Audit Court shall be responsible for conducting overall
supervision of the implementation of the budget.It shall ensure the
sound conduct of receipt and expenditure operations and evaluate the
management of agencies placed under its control by law.
It shall also take action, when necessary, against violation of the
rules governing such operations.
ARTICLE 97
The Audit Courts shall provide assistance to Parliament and the
government in its fields of competence as defined by the law.
It shall report to the king on all its activities
ARTICLE 98
Regional Audit Court shall be responsible for checking the accounts
and assessing the management of local governments and their groups.
ARTICLE 99
The terms of reference, organisation and rules of procedure of the
Audit Court and regional Audit Courts shall be determined by law.
CHAPTER ELEVEN :
LOCAL GOVERNMENT
ARTICLE 100
The local government of the Kingdom shall consist of Regions,
prefectures, provinces and communes. No other form of local
government may be established except by law.
Article 101
Local assemblies shall be elected to be responsible for the conduct
of their affairs on the basis of democratic principles and in
accordance with provisions defined by law.
Governors shall carry out decisions by provincial, prefelectoral and
regional assemblies in accordance with the conditions set by the
law.
ARTICLE 102
In the provinces, prefectures and regions, governors shall represent
the State and see to it that the law is enforced. They shall be
responsible for the implementation of Government decisions and, to
the end, for the management of local departments of Government
agencies.
CHAPTER TWELVE :
REVISING THE CONSTITUTION
ARTICLE 103
The king, the House of Representatives and the House of Counsellors
shall have the right to initiate a revision of the Constitution.
The King shall have the right to submit, directly for referundum,
the revision project he may initiate .
ARTICLE 104
A proposal for revision submitted by one or more members of one of
the two Houses shall be adopted only if voted on by a two -third
majority of the members of the House concerned. The proposal shall
be submitted to the other House which may adopt it by a two -third
majority of its members.
ARTICLE 105
Revision projects and proposals shall be submitted to the nation for
referendum by Royal Decree.
A revision of the Constitution shall be definitive after approval by
referendum.
ARTICLE 106
Neither the State system of monarchy nor the prescriptions related
to the religion of Islam may be subject to a constitutional
revision.
CHAPTER THIRTEEN :
SPECIAL PROVISIONS
ARTICLE 107
Pending the election of the Houses of Parliament provided for in the
present Constitution, the current House of Representatives shall
continue to discharge its duties, namely by passing the laws
required for the setting up of the new Houses of Parliament, without
prejudice to the implementation of the provisions of article 27.
ARTICLE 108
Pending the setting up of the Constitutional Council whose
membership shall be composed in accordance with the provisions of
the present Constitution, the current Constitutional Council shall
continue to discharge the duties conferred upon it by the
Constitution and the organic laws.
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