CONSTITUTIONAL LAWOF
MOROCCO Full
Text
The Constitution of Morocco
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 enterpriseshall
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 TWOMONARCHY
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 Houseof 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
thereofby 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 theParliament.The messages shall be read out
before both Housesand 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 Counsellorsas 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.
TheState of Emergency shall not entail the dissolution
of the Parliament.
TheState of Emergency shall be terminated accordingto thesame procedure followed in the proclamationthereof.
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 Housesshall 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 Parliamentshall 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
TheParliamentshall 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 Parliamentconvenes for at least three months
during one session, the session may be adjourned by decree.
ARTICLE 41
The Parliamentmay be convened in special session either
at the request of the absolute majority of the members of one
of the two Housesor by decree.
Special sessions of the Parliamentshall 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 Houseand 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 thatHouse.
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 byan organic law.
ARTICLE 43
Meetings of the Houses ofParliament 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 THEPARLIAMENT
ARTICLE 45
Legislation shall be voted on by Parliament. For a limited
period of time, and for a defined purpose, the Government may
beempowered by lawto 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 Parliamentwithin
the time limits setby the empowering law. Shouldeither Housebe 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 Parliamentshall 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 Parliamentunder conditions prescribed by an organic law.
Capital expenditures resulting from developement plans shall
be voted on only at the time the Parliament approvessuch
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 proposalssubmitted 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 Parliamentshall 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 THELEGISLATIVE 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 ofone of
the two Housesor 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 Houseshall 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 Housefor 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 tabledshall 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 twoHouses.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 Housesbefore it is debated in a Cabinet meeting.
ARTICLE 63
The Prime Minister shall exercise theadministrative 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 inArticles 40,41,45and 55of thisConstitution:
(h) draft plan;
(i) projects for revising this Constitution
CHAPTER FIVETHE BRANCHES
RELATIONS BETWEEN THE KINGAND THE PARLIAMENT
ARTICLE 67
The King may request a second reading by the two Housesof any draft bill or proposed law.
ARTICLE 68
A second readingshall 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 Parliamentorthe new Houseshall 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 ANDTHE 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 thepursuance
of the Government'sresponsibilities 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'TITUTIONALCOUNCIL
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 kingamong 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 MembersofParliamentand that of referendum
operations.
Organic laws -before promulgation - and the Rules of Procedure
of each Housebefore 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 orone-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
Sentencesshall 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 ensurethe implementation
of the guarantees granted magistrates regarding their promotion
and discipline.
CHAPTER EIGHTTHE 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 Parliamentand 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 Counsellors. 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 SOCIALCOUNCIL
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 Counsellorson 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 anorganic 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,prefelectoraland regionalassemblies 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 Counsellorsshall 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 Housesshall 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 THIRTEENSPECIAL 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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