CONSTITUTION OF THE KINGDOM OF MOROCCO
\nMARCH 10, 1972, AS AMENDED TO OCTOBER 7, 1996
\nPreamble
\nAn Islamic and fully sovereign state whose official
\nlanguage is Arabic, the Kingdom of Morocco constitutes
\na part of the Great Arab Maghreb.
\nAs an African state, it has, among its objectives, the
\nrealisation of African unity.
\nAware of the need of incorporating its work within the
\nframe of the international organisations of which it has
\nbecome an active and dynamic member, the Kingdom of
\nMorocco fully adheres to the principles, rights and
\nobligations arising from the charters of such
\norganisations, as it reaffirms its determination to abide
\nby the universally recognised human rights.
\nLikewise, it reaffirms its determination to continue its
\nsteady endeavours towards the safeguard of peace and
\nsecurity in the world.
\nChapter I
\nGeneral Provisions. Basic Principles
\nArticle 1. Morocco shall have a democratic, social and
\nconstitutional Monarchy.
\nArticle 2. Sovereignty shall be that of the People who shall exercise
\nit directly, by means of referendum, or indirectly, through the
\nconstitutional institutions.
\n 2<\/p>\n
Article 3. Political parties, unions, district councils and trade
\nchambers shall participate in the organisation and representation of
\nthe citizens.
\nThere shall be no one-party system.
\nArticle 4. The law shall be the supreme expression of the will of the
\nNation. All shall abide by it. The law shall have no retroactive effect.
\nArticle 5. All Moroccan citizens shall be equal before the law.
\nArticle 6. Islam shall be the state religion. The state shall guarantee
\nfreedom of worship for all.
\nArticle 7. The emblem of the Kingdom shall be a red flag with a
\nfive-pointed green star in the center.
\nThe motto of the Kingdom shall be: GOD, THE COUNTRY, THE KING.
\nArticle 8. Men and women shall enjoy equal political rights. Any
\ncitizen of age enjoying his or her civil and political rights shall be
\neligible to vote.
\nArticle 9. The constitution shall guarantee all citizens the following:
\n(a) freedom of movement through, and of settlement in, all
\nparts of the Kingdom;
\n(b) freedom of opinion, of expression in all its forms, and of
\npublic gathering;
\n(c) freedom of association, and the freedom to belong to any
\nunion or political group of their choice.
\nNo limitation, except by law, shall be put to the exercise of such
\nfreedoms.
\nArticle 10. No one shall be arrested, put into custody or penalised
\nexcept under the circumstances and procedures prescribed by law.
\n 3<\/p>\n
The home shall be inviolable. Search warrant shall be issued and
\ninvestigation ordered under the conditions and procedures
\nprescribed by law.
\nArticle 11. Secrecy of personal correspondence shall be preserved.
\nArticle 12. Opportunities for employment in public offices and
\npositions shall be uniformly open to all citizens.
\nArticle 13. All citizens shall have equal rights in seeking education
\nand employment.
\nArticle 14. The right of strike shall be guaranteed.
\nConditions and ways of exercising such a right shall be defined by
\nan organic law.
\nArticle 15. The right of private property and free enterprise shall be
\nguaranteed.
\nThe law shall put limitations to its extent and use if so required by
\nthe socio-economic development planned for the Nation.
\nNo expropriation shall be ordered except under such circumstances
\nand provisions as prescribed by law.
\nArticle 16. All citizens shall contribute to the defence of the
\nCountry.
\nArticle 17. All citizens shall, according to their contributory power,
\nbear public costs which shall be enacted and allocated only by the
\nlaw, and in the manner stipulated in the provisions of the present
\nConstitution.
\nArticle 18. All shall, in solidarity, bear the costs resulting from
\ndisasters suffered by the Nation.
\nChapter II
\n 4<\/p>\n
Monarchy
\nArticle 19. The King, \u201cAmir Al-Muminin\u201d (Commander of the
\nFaithful), shall be the Supreme Representative of the Nation and the
\nSymbol of the unity thereof. He shall be the guarantor of the
\nperpetuation and the continuity of the State. As Defender of the
\nFaith, He shall ensure the respect for the Constitution. He shall be
\nthe Protector of the rights and liberties of the citizens, social
\ngroups and organisations.
\nThe King shall be the guarantor of the independence of the Nation
\nand the territorial integrity of the Kingdom within all its rightfull
\nboundaries.
\nArticle 20. The Moroccan Crown and the constitutional rights
\nthereof shall be heriditary and handed down, from father to son, to
\ndescendants in direct male line and by order of primogeniture
\namong the offspring of His Majesty King Hassan II, unless the King
\nshould, during his lifetime, designate a successor among his sons
\napart from the eldest one. In case of failing descendants in direct
\nmale line, the right of succession to the Throne shall, under the
\nsame conditions, be invested in the closest male in the collateral
\nconsanguinity.
\nArticle 21. The King shall be considered minor until he turns
\nsixteen. During the King\u2019s phase of minority, a Regency Council
\nshall assume the powers of the constitutional rights of the Crown,
\nwith the exception of those pertaining to the revision of the
\nConstitution.
\nThe Regency Council shall serve as an advisory board to the King
\nuntil he turns twenty.
\nThe Regency Council shall be presided over by the First President of
\nthe Supreme Court. It shall include, in addition to its Chairman, the
\nPresident of the House of Representatives, the President of the
\nHouse of Counsellors , the Chairman of the Rabat and Sal\u00e9 Ulama
\nCouncil (of scholars), and ten dignitaries appointed with the King\u2019s
\nown accord.
\n 5<\/p>\n
Rules of procedure of the Regency Council shall be governed by an
\norganic law.
\nArticle 22. The King shall be entitled to a Civil List.
\nArticle 23. The person of the King shall be sacred and inviolable.
\nArticle 24. The King shall appoint the Prime Minister.
\nUpon the Prime Minister\u2019s recommendation, the King shall appoint
\nthe other Cabinet members as he may terminate their services.
\nThe King shall terminate the services of the Government either on
\nhis own initiative or because of their resignation.
\nArticle 25. The King shall preside over Cabinet meetings.
\nArticle 26. The King shall promulgate a definitively adopted law
\nwithin the thirty days following its receipt by the Government.
\nArticle 27. The King may dissolve the two Houses of Parliament or
\none thereof by Royal Decree, in accordance with the conditions
\nprescribed in Articles 71 and 73.
\nArticle 28. The King shall have the right to deliver addresses to the
\nNation and to the Parliament. The messages shall be read out
\nbefore both Houses and shall not be subject to any debate.
\nArticle 29. The King shall, by Royal Decrees, exercise the statutory
\npowers explicitly conferred upon him by the Constitution.
\nRoyal Decrees shall be countersigned by the Prime Minister, with
\nthe exception of those provided for in Articles 21 (Paragraph 2), 24
\n(paragraphs 1, 3 and 4), 35, 69, 71, 79, 84, 91, 99 and 105.
\nArticle 30. The King shall be the Commander-in-chief of the Royal
\nArmed Forces. He shall make civil and military appointments and
\nshall reserve the right to delegate such a power.
\n 6<\/p>\n
Article 31. The King shall accredit ambassadors to foreign nations
\nand international organisations. Ambassadors or representatives of
\ninternational organisations shall be accredited to him.
\nThe King shall sign and ratify treaties. However, treaties committing
\nState finances shall not be ratified without having been approved
\nunder the law.
\nTreaties likely to affect the constitutional provisions shall be
\napproved in accordance with the procedures prescribed for the
\nmodification of the Constitution.
\nArticle 32. The King shall preside over the Supreme Council of the
\nMagistracy, the Supreme Council of Education and the Supreme
\nCouncil for National Reconstruction and Planning.
\nArticle 33. The King shall appoint magistrates in accordance with
\nthe conditions prescribed in Article 84.
\nArticle 34. The King shall exercise the right of granting pardon.
\nArticle 35. Should the integrity of the national territory ever be
\nunder threat or should any event interrupt the course of action of
\nthe constitutional institutions, the King shall, after consulting with
\nthe President of the House of Representatives and the president of
\nthe House of Counsellors as well as the Chairman of the
\nConstitutional Council, and addressing the Nation, have the right to
\ndeclare a State of Emergency by Royal Decree.
\nNotwithstanding all contrary provisions, he shall hence assume the
\nresponsibility of taking all the necessary measures for the country\u2019s
\ndefence and the restoration of a normal functioning of
\nconstitutional institutions and State affairs.
\nThe State of Emergency shall not entail the dissolution of the
\nParliament.
\n 7<\/p>\n
The State of Emergency shall be terminated according to the same
\nprocedure followed in the proclamation thereof.
\nChapter III
\nOrganisation of the Parliament
\nArticle 36. The Parliament shall be made up of two Houses, the
\nHouse of Representatives and the House of Counsellors. Members
\nof the Houses shall hold their mandate from the Nation. Their right
\nto vote shall be personal and cannot be delegated.
\nArticle 37. Members of the House of Representatives shall be
\nelected for a six-year term by direct universal suffrage. The legal
\nlegislative period shall end at the opening of the October session in
\nthe fifth year following the election of the House.
\nThe number of representatives as well as the voting system,
\neligibility requirements, incompatibility cases, legal contentions
\nconcerning elections shall be set out in an organic law.
\nThe President shall be elected first at the beginning of the
\nlegislative period, then at the April session in the third year of the
\nsaid period and for the remaining portion thereof.
\nMembers of the Board shall be elected for one year; their number
\nshall be in proportion to their respective groups.
\nArticle 38. For 3\/5 of its membership, the House of Counsellors
\nshall consist of members elected in each region by electoral
\ncolleges made up of elected members of trade chambers as well as
\nmembers elected at the national level by an electoral college
\nconsisting of wage-earners\u2019 representatives.
\nMembers of the House of Counsellors shall be elected for a nineyear
\nterm. One third of the House shall be renewed every three
\nyears. In the first and second renewal operations, seats shall be
\ndrawn by lot. The number of counsellors as well as the voting
\nsystem, the number of members to be elected by each electoral
\ncollege, the distribution of seats according to regions, eligibility
\n 8<\/p>\n
requirements, incompatibility cases, balotting procedures
\nmentioned above and legal contentions concerning elections shall
\nbe set out in an organic law.
\nThe President of the House of Counsellors and members of the
\nBoard shall be elected at the October session during each renewal
\noperation in the House. Members of the Board shall be elected in
\nproportion to the size of their respective groups.
\nUpon the setting up of the first House of Counsellors or upon its
\nelection following the dissolution of the preceding House, the
\nPresident and the members of the Board shall be elected at the
\nbeginning of the session which follows the election; they shall seek
\nrenewal of their term of office at the beginning of the October
\nsession during each renewal operation in the House.
\nArticle 39. No member of Parliament shall be prosecuted, arrested,
\nput into custody or brought to trial as a result of expressing
\nopinions or casting a vote while exercising office functions, except
\nwhen the opinions expressed may be injurious to the monarchical
\nsystem and the religion of Islam or derogatory to the respect owed
\nthe king.
\nDuring parliamentary sessions, no member of Parliament shall be
\nsubject to prosecution or arrest for criminal charges or felonies,
\nbesides those mentioned in the preceding paragraph, without
\npermission from the House except flagrante delicto.
\nOutside parliamentary sessions, no member of Parliament shall be
\nsubject to arrest without permission from the Board of the House,
\nexcept flagrante delicto, or in the case of authorised prosecution or
\nfinal judgement.
\nThe imprisonement or prosecution of a member of Parliament shall
\nbe suspended if so required by the House, except flagrante delicto
\nor in the case of authorised prosecution or final judgment.
\nArticle 40. The Parliament shall hold its meetings during two
\nsessions a year. The King shall preside over the opening of the first
\n 9<\/p>\n
session which shall begin on the second Friday in October. The
\nsecond session shall begin on the second Friday in April.
\nWhen the Parliament convenes for at least three months during one
\nsession, the session may be adjourned by decree.
\nArticle 41. The Parliament may be convened in special session
\neither at the request of the absolute majority of the members of
\none of the two Houses or by decree.
\nSpecial sessions of the Parliament shall be held on the basis of a
\ndefined agenda. Once the agenda fully addressed, the session shall
\nbe adjourned by decree.
\nArticle 42. Cabinet members may attend the meetings of each
\nHouse and those of the committees thereof; they shall, in this
\nrespect, have the right to commission their own assistants.
\nApart from the standing committees referred to in the preceding
\nparagraph, parliamentary fact-finding committees may be
\nestablished on the King\u2019s initiative or upon the request of the
\nmajority of the members of one of the two Houses and within each
\nHouse , with the mission of inquiring about specific facts and
\nsubmitting findings thereon to that House.
\nThere shall be no fact-finding committees in cases involving
\nprosecutions, and as long as these are being conducted.
\nThe mission of any fact-finding committee which may be
\nestablished shall end with the opening of the judicial investigation
\npertaining to the instances bringing about the establishment
\nthereof.
\nFact-finding committees shall by nature be temporary. Their
\nmission shall end with the submission of their reports. The
\nfunctioning of these committees shall be governed by an organic
\nlaw.
\n 10<\/p>\n
Article 43. Meetings of the Houses of Parliament shall be open to
\nthe public. Proceedings of the debates shall be published in extenso
\nin the Gazette.
\nEach House may hold private meetings if so requested by the Prime
\nMinister, or by a third of its members.
\nArticle 44. Each House shall establish and vote on its own Rules of
\nProcedure. These shall not, however, go into effect until they are
\ndeclared by the Constitutional Council as consistent with the
\nprovisions of this Constitution.
\nPowers of the Parliament
\nArticle 45. Legislation shall be voted on by Parliament. For a limited
\nperiod of time, and for a defined purpose, the Government may be
\nempowered by law to take, by decree, measures normally falling
\nwithin the purview of the law. Decrees shall become effective
\nimmediately after the publication thereof; however, they shall be
\nsubmitted, for ratification, to the Parliament within the time limits
\nset by the empowering law. Should either House be dissolved, such
\na law shall become void.
\nArticle 46. In addition to jurisdiction matters explicitly assigned in
\nother articles of the Constitution, the Legislative Power shall have
\ncompetence in the following areas:
\n(a) the individual and collective rights enumerated in Chapter
\nOne of the present Constitution;
\n(b) determining offences and the appropriate penalties, the
\npenal and civil procedure and the promulgation of new
\ncategories of jurisdiction;
\n(c) the statute of magistrates;
\n(d) the general statute of public offices;
\n 11<\/p>\n
(e) the fundamental guarantees granted civil and military
\npersonnel;
\n(f) the electoral system of local assemblies and councils;
\n(g) the regulation of civil and commercial liabilities;
\n(h) the establishment of new public agencies;
\n(i) the nationalisation of enterprises or the transfer thereof
\nfrom the public to the private sector.
\nThe Parliament shall be empowered to vote on basic laws pertaining
\nto the fundamental objectives of the activities of the State in
\neconomic, social and cultural areas.
\nArticle 47. Matters outside the purview of legislature shall come
\nunder statutory jurisdiction.
\nArticle 48. Legislated bills may be amended by decree, with the
\nconsent of the Constitutional Council and when they fall within the
\njurisdiction of the authority holding statutory power.
\nArticle 49. A state of martial law may be declared by Royal Decree
\nfor a period of thirty days. This duration may be extended by law
\nonly.
\nArticle 50. The appropriation law shall be voted on by the
\nParliament under conditions prescribed by an organic law.
\nCapital expenditures resulting from developement plans shall be
\nvoted on only at the time the Parliament approves such plans.
\nThese expenditures shall automatically be extended throughout the
\nperiod of the plan. The Government alone shall have the prerogative
\nto submit draft bills aimed at modifying programmes thus adopted.
\nIf, by the end of the fiscal year, the budget is not voted on or is not
\npromulgated as a result of its submission to the Constitutional
\nCouncil in accordance with Article 81, the Government shall, by
\n 12<\/p>\n
decree and in accordance with the budgetary proposals submitted
\nfor approval, be entitled to allocate funds necessary for the
\noperation of the public services and the exercise of the functions
\nthereof.
\nIn such a case, revenues shall be collected in accordance with the
\nlegislative and statutory prescriptions in force, except, however,
\nthose revenues to be cancelled under the proposed appropriation
\nlaw. As for those to be cut down under the same law, they shall be
\ncollected at the proposed new rate.
\nArticle 51. Proposals and amendments introduced by Members of
\nParliament shall not be acceptable when the adoption thereof might
\naffect the proposed I appropriation law by causing a decrease in
\npublic resources, an increase in a public expenditure or the creation
\nof a new one.
\nThe Exercise of the Legislative Power
\nArticle 52. The right to introduce laws shall equally be granted the
\nPrime Minister and Members of Parliament.
\nDraft bills shall be laid on the table of one of the two Houses.
\nArticle 53. The Government may declare the unsuitability of any
\nproposal or amendment considered outside the purview of the
\nlegislative power.
\nIn case of disagreement, the Constitutional Council shall take action
\nwithin a period of eight days upon request of one of the two Houses
\nor the Government.
\nArticle 54. Draft bills and proposals shall be examined by the
\nacting committees whose work shall continue during the interval
\nbetween the sessions.
\nArticle 55. During the recess periods, the Government may, in
\nagreement with the committees concerned, in both Houses, adopt
\n 13<\/p>\n
ordinances which shall be submitted, for ratification, during the
\nfollowing regular session of Parliament.
\nThe draft bill shall be tabled in one of the two Houses. It shall be
\nconsidered successively by the relevant committees in both Houses
\nin order to reach a joined decision within a period of six days. In
\ncase such a decision is not reached, steps shall be taken at the
\nrequest of the Government to set up a joint committee with equal
\nrepresentation; it shall have three days to work out a joint decision
\nfor submission to the relevant committees.
\nThe agreement mentioned in the first paragraph of the present
\narticle shall be considered as refused if the joint committee with
\nequal representation has not reached a decision within the time
\nlimits mentioned above or if the decision proposed by the said
\ncommittee is not endorsed by the relevant committees within a
\nperiod of four days.
\nArticle 56. The Board of each House shall prepare the agenda of the
\nHouse. Priority shall be given, in the order defined by the
\nGovernment, to the discussion of draft bills it introduces and
\nproposed laws accepted by it.
\nOne meeting per week shall, by priority, be reserved in each House
\nfor the questions of the members of the House and the
\nGovernment\u2019s responses.
\nThe Government shall give a reply within twenty days after their
\nreceipt of the question.
\nArticle 57. Members of each House, as well as the Government,
\nshall have the right to propose amendments. After the opening of
\nthe debates, the Government may object to the examination of any
\namendment not submitted, beforehand, to the acting committee
\nconcerned.
\nIf requested by the Government, the House in which the text under
\ndiscussion was tabled shall take action by single vote on the whole
\n 14<\/p>\n
or part of the bill under discussion. Only amendments proposed or
\naccepted by the Government shall be considered.
\nArticle 58. Any draft bill or proposed bill shall be considered
\nsuccessively by the two Houses of Parliament, with a view to
\nadopting an identical text. The House in which the draft bill is
\ntabled first shall examine the text of the draft bill presented by the
\nGovernment or the text of the proposed bill on the agenda. A house
\nin which a bill already adopted by the other House is tabled, shall
\ndeliberate on the draft referred to it.
\nIf a draft bill or a proposed bill cannot be adopted after two
\nreadings in each House, or if the Government proclaims that the
\nmatter is urgent after only one reading in each House, the
\nGovernment may call a meeting of the joint committee with equal
\nrepresentation which shall propose a draft on the remaining
\nprovisions under discussion. The text drafted by the joint
\ncommittee may be submitted by the Government to the Houses for
\nadoption. No amendment shall be considered except with the
\napproval of the Government.
\nIf the joint committee has not managed to adopt a joint bill or if the
\nbill has not been adopted or if the bill has not been adopted by the
\ntwo Houses, the Government may submit to the House of
\nRepresentatives the draft bill or the proposed bill as modified, if
\nnecessary, in the light of amendments reached during
\nparliamentary debates and taken up by the Government. The House
\nof Representatives shall proclaim final adoption of the bill only with
\nthe absolute majority of its members.
\nProvisions adopted by the House of Representatives in compliance
\nwith Article 75, paragraph 2, shall be considered as endorsed by
\nthe absolute majority of the House.
\nOrganic laws shall be adopted and amended under the same
\nconditions. However the draft bill or the proposed bill for an
\norganic law shall not be submitted for discussion or voting at the
\nFirst House in which it is to be tabled until the end of a ten-day
\nperiod following its registration.
\n 15<\/p>\n
Organic laws pertaining to the House of Counsellors shall be put to
\nthe vote under the same conditions in both Houses.
\nOrganic laws shall not be promulgated until the constitutional
\nCouncil issues a decision on their conformity with the Constitution.
\nChapter IV
\nThe Government
\nArticle 59. The Government shall be composed of the Prime
\nMinister and Ministers.
\nArticle 60. The Government shall be answerable to the King and the
\nParliament.
\nAfter the appointment of the Cabinet members by the King, the
\nPrime Minister shall appear before each one of the two Houses, to
\nsubmit the programme to be carried out. Such a programme shall
\nclearly outline the policy to be adopted by the Government in
\nvarious areas of national activity, namely in economic, social,
\ncultural and foreign affairs.
\nThis programme shall come under discussion in each one of the
\ntwo Houses. At the House of Representatives, it shall be put to the
\nvote in accordance with the provisions stipulated in paragraphs 2
\nand 3 of Article 75, and with the implications accounted for in the
\nlast paragraph of the same Article.
\nArticle 61. Under the Prime Minister\u2019s responsibility, the
\nGovernment shall ensure the execution of the laws. All public
\nfacilities shall be placed at the Government\u2019s disposal.
\nArticle 62. The Prime Minister shall have the right to introduce bills.
\nNo draft bill shall be tabled, by his Department, in one of the two
\nHouses before it is debated in a Cabinet meeting.
\nArticle 63. The Prime Minister shall exercise the administrative
\npowers.
\n 16<\/p>\n
Decrees endorsed by the Prime Minister shall be countersigned by
\nthe Ministers responsible for the implementation thereof.
\nArticle 64. The Prime Minister may delegate some of his powers to
\nthe Ministers.
\nArticle 65. The Prime Minister shall be responsible for the coordination
\nof ministerial activities.
\nArticle 66. The Cabinet shall be notified of the following, before
\nany relevant decision is taken:
\n(a) matters related to general policies of the State;
\n(b) declaration of martial law;
\n(c) declaration of war;
\n(d) requesting confidence from the House of representatives
\nto allow the Government to carry out their responsabilities
\nfurther;
\n(e) draft bills, before they are brought to one of the two
\nHouses;
\n(f) statutory decrees;
\n(g) decrees mentioned in Articles 40, 41, 45 and 55 of this
\nConstitution;
\n(h) draft plan;
\n(i) projects for revising this Constitution.
\nChapter V
\nThe Branches
\nRelations between the King and the Parliament
\n 17<\/p>\n
Article 67. The King may request a second reading by the two
\nHouses of any draft bill or proposed law.
\nArticle 68. A second reading shall be requested in a message. Such
\na new reading shall not be refused.
\nArticle 69. After a second reading, the King may, by Royal Decree,
\nsubmit any draft bill or proposed law to referendum, except in the
\ncase of those submitted for a new reading which shall have been
\nadopted or rejected by a two-third majority of the members of each
\none of the two Houses.
\nArticle 70. The results of the referendum shall be binding upon all.
\nArticle 71. After consulting with the Presidents of the two Houses,
\nand the Chairman of the Constitutional Council and addressing the
\nNation, the King may decree the dissolution of the two Houses or of
\none of them only.
\nArticle 72. The election of the new Parliament or the new House
\nshall take place, at the latest, three months after such a dissolution.
\nThe King shall, in the meantime, exercise the powers lying with the
\nParliament in terms of law making, in addition to those conferred
\nupon him by this Constitution.
\nArticle 73. When a House is dissolved, the one succeeding it shall
\nnot be dissolved until a year after its election.
\nArticle 74. The declaration of war shall be announced after
\nnotifying the House of Representatives and the House of
\nCounsellors.
\nRelations between Parliament and the Government
\nArticle 75. The Prime Minister may engage the responsibility of the
\nGovernment before the House of Representatives through a vote of
\n 18<\/p>\n
confidence regarding a statement on a general policy or a proposal
\nrequesting the approval thereof.
\nConfidence shall be withdrawn and a bill rejected only by an
\nabsolute majority vote of the Members of the House of
\nRepresentatives.
\nThe vote shall be held three clear days after the matter of the vote
\nof confidence has been raised.
\nWithdrawal of confidence shall entail the resignation of the
\nGovernment in a body.
\nArticle 76. The House of Representative may put into question the
\npursuance of the Government\u2019s responsibilities by adopting a
\ncensure motion. Such a motion shall be acceptable only if signed by
\nat least one-fourth of the members of the House.
\nThe censure motion shall be approved by the House of
\nRepresentatives only by an absolute majority vote of its members.
\nVoting shall take place three clear days only after the motion has
\nbeen introduced.
\nThe vote for censure shall entail the resignation of the Government
\nin a body.
\nShould the Government be censured by the House of
\nRepresentatives, no other censure motion shall be acceptable
\nbefore a year has elapsed.
\nArticle 77. The House of Counsellors may vote warning or censure
\nmotions against the Government.
\nThe warning motion must be signed by at least one third of the
\nmembers of the House of Counsellors. It shall be voted by the
\nabsolute majority of the members of the House. Voting shall take
\nplace three clear days after the motion has been introduced.
\n 19<\/p>\n
The text of the warning shall be sent forthwith by the President of
\nthe House of Counsellors to the Prime Minister who shall, within six
\ndays, present before the House of Counsellors, the Government\u2019s
\nposition concerning the reasons which prompted the warning.
\nThe government\u2019s statement shall be followed by a debate without
\na vote.
\nThe censure motion shall not be introduced unless it is signed by at
\nleast one third of the members of the House of Counsellors. It shall
\nbe approved only after a vote by a 2\/3 majority of the members of
\nthe House. Voting shall take place three days after the motion has
\nbeen introduced.
\nThe vote for censure shall entail the joint resignation of the
\nGovernment.
\nShould the Government be censured by the House of Counsellors,
\nno other censure motion shall be introduced in the House of
\nCounsellors before a year has elapsed.
\nChapter VI
\nThe Constitutional Council
\nArticle 78. A Constitutional Council shall be established.
\nArticle 79. The Constitutional Council shall be made up of six
\nmembers appointed by the King for a nine-year period.
\nUpon consultation with parliamentary groups, six other members
\nshall be appointed for the same period, half of them by the
\nPresident of the House of Representatives and the other half by the
\nPresident of the House of Counsellors. A third of each category of
\nmembers shall be renewed every three years.
\nThe chairman of the Constitutional Council shall be selected by the
\nking among the members appointed by him.
\n 20<\/p>\n
The Chairman and the members of the Constitutional Council shall
\nserve for a non renewable term of office.
\nArticle 80. An organic law shall govern the organisation and work
\nof the Constitutional Council as well as the procedure it shall adopt,
\nparticularly with respect to deadlines set for referred disputes.
\nLikewise, this organic law shall determine the functions which may
\nnot be compatible with that of Council member, the conditions of
\nthe first two renewals for a three-year term, as well as the
\nprocedure for replacing inactive members, either as a result of
\nresignation or death during their term of office.
\nArticle 81. The Constitutional Council shall perform the functions
\nassigned by the articles of the Constitution or the provisions of the
\norganic laws. It shall furthermore decide on the validity of the
\nelection of the Members of Parliament and that of referendum
\noperations.
\nOrganic laws – before promulgation – and the Rules of Procedure of
\neach House before implementation – shall be submitted to the
\nConstitutional Council to look into their consistence with the
\nConstitution. Before promulgation, laws may, for the same reason,
\nbe referred to the Constitutional Council by the King, the Prime
\nMinister, the President of the House of Representatives, the
\nPresident of the House of Counsellors or one-fourth of the members
\nmaking up one House or the other.
\nThe Constitutional Council shall have one month to decide upon the
\nspecial instances stated in the preceding two paragraphs. However,
\nin case of emergency, the deadline may be reduced to eight days if
\nso requested by the Government.
\nRegarding the above mentioned instances, referring law to the
\nConstitutional Council shall entail the suspension of the deadline of
\nthe promulgation thereof.
\nNo unconstitutional provision shall be promulgated or
\nimplemented.
\n 21<\/p>\n
Decisions of the Constitutional Council shall, in no way, be put into
\nquestion. They shall, furthermore, be binding upon all public
\nauthorities, administrative and judicial sectors.
\nChapter VII
\nThe Judiciary
\nArticle 82. The Judiciary shall be independent from the legislative
\nand executive branches.
\nArticle 83. Sentences shall be passed and executed in the King\u2019s
\nname.
\nArticle 84. Upon recommendations made by the Supreme Council
\nof Magistracy, Magistrates shall be appointed by Royal Decrees.
\nArticle 85. Magistrates in the bench shall be irremovable.
\nArticle 86. The Supreme Council of Magistracy shall be presided
\nover by the King. It shall further consist of:
\n(a) the Minister of Justice as Vice-President;
\n(b) the First President of the Supreme Court;
\n(c) the Prosecutor General in the Supreme Court;
\n(d) the President of the First Chamber the Supreme Court;
\n(e) two representatives elected among magistrates of the
\nCourt of Appeal;
\n(f) four representatives elected among magistrates of first
\ndegree courts.
\nArticle 87. The Supreme Council of Magistracy shall ensure the
\nimplementation of the guarantees granted magistrates regarding
\ntheir promotion and discipline.
\n 22<\/p>\n
Chapter VIII
\nThe High Court of Justice
\nArticle 88. Members of the Government shall be penally
\nresponsible for crimes and felonies they may commit while
\nexercising their functions.
\nArticle 89. They may be indicted by the two Houses of Parliament
\nand referred to the High Court of Justice for trial.
\nArticle 90. The proposed draft for indictment must be signed by at
\nleast a quarter of the members of the House in which it was tabled
\nfirst. It shall be examined successively by the two Houses and shall
\nbe approved only when an identical vote is cast by each House by
\nsecret ballot and a two-third majority of its members with the
\nexception of those members called upon to take part in conducting
\nthe prosecution and the investigation process and issuing the
\nverdict.
\nArticle 91. The High Court of Justice shall consist of equal numbers
\nof members elected from the House of Representatives and the
\nHouse of Counsellors. Its President shall be appointed by Royal
\nDecree.
\nArticle 92. An organic law shall determine the number of the High
\nCourt members, the method of their election and the Rules of
\nProcedure to be adopted.
\nChapter IX
\nThe Economic and Social Council
\nArticle 93. An Economic and Social Council shall be established.
\nArticle 94. The Economic and Social Council may be consulted by
\nthe Government, as well as the House of Representatives and the
\nHouse of Counsellors on all matters of economic or social nature. It
\nshall give its opinion on the general guidelines pertaining to the
\nnational economy and training programmes.
\n 23<\/p>\n
Article 95. The constitution, organisation, prerogatives and rules of
\nprocedure of the Economic and Social Council shall be determined
\nby an organic law.
\nChapter X
\nThe Audit Court
\nArticle 96. The Audit Court shall be responsible for conducting
\noverall supervision of the implementation of the budget. It shall
\nensure the sound conduct of receipt and expenditure operations
\nand evaluate the management of agencies placed under its control
\nby law.
\nIt shall also take action, when necessary, against violation of the
\nrules governing such operations.
\nArticle 97. The Audit Courts shall provide assistance to Parliament
\nand the government in its fields of competence as defined by the
\nlaw.
\nIt shall report to the king on all its activities.
\nArticle 98. Regional Audit Court shall be responsible for checking
\nthe accounts and assessing the management of local governments
\nand their groups.
\nArticle 99. The terms of reference, organisation and rules of
\nprocedure of the Audit Court and regional Audit Courts shall be
\ndetermined by law.
\nChapter XI
\nLocal Government
\nArticle 100. The local government of the Kingdom shall consist of
\nRegions, prefectures, provinces and communes. No other form of
\nlocal government may be established except by law.
\n 24<\/p>\n
Article 101. Local assemblies shall be elected to be responsible for
\nthe conduct of their affairs on the basis of democratic principles
\nand in accordance with provisions defined by law.
\nGovernors shall carry out decisions by provincial, prefelectoral and
\nregional assemblies in accordance with the conditions set by the
\nlaw.
\nArticle 102. In the provinces, prefectures and regions, governors
\nshall represent the State and see to it that the law is enforced. They
\nshall be responsible for the implementation of Government
\ndecisions and, to the end, for the management of local departments
\nof Government agencies.
\nChapter XII
\nRevising the Constitution
\nArticle 103. The king, the House of Representatives and the House
\nof Counsellors shall have the right to initiate a revision of the
\nConstitution.
\nThe King shall have the right to submit, directly for referundum, the
\nrevision project he may initiate.
\nArticle 104. A proposal for revision submitted by one or more
\nmembers of one of the two Houses shall be adopted only if voted
\non by a two-third majority of the members of the House concerned.
\nThe proposal shall be submitted to the other House which may
\nadopt it by a two-third majority of its members.
\nArticle 105. Revision projects and proposals shall be submitted to
\nthe nation for referendum by Royal Decree.
\nA revision of the Constitution shall be definitive after approval by
\nreferendum.
\nArticle 106. Neither the State system of monarchy nor the
\nprescriptions related to the religion of Islam may be subject to a
\nconstitutional revision.<\/p>\n
Constitutional Text: Marocco 1972, Amended 1996<\/p>\n","protected":false},"excerpt":{"rendered":"
CONSTITUTION OF THE KINGDOM OF MOROCCO MARCH 10, 1972, AS AMENDED TO OCTOBER 7, 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,232,52],"tags":[23,82,241],"_links":{"self":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6090"}],"collection":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/comments?post=6090"}],"version-history":[{"count":0,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6090\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/media?parent=6090"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/categories?post=6090"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/tags?post=6090"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}