Preamble, Motives for writing constitution
Human dignity, Reference to fraternity/solidarity
With fidelity to its irreversible choice to construct a democratic State of Law, the Kingdom of Morocco resolutely pursues the process of consolidation and of reinforcement of the institutions of a modern State, having as its bases the principles of participation, of pluralism and of good governance. It develops a society of solidarity where all enjoy security, liberty, equality of opportunities, of respect for their dignity and for social justice, within the framework of the principle of correlation between the rights and the duties of the citizenry.
Integration of ethnic communities
A sovereign Muslim State, attached to its national unity and to its territorial integrity, the Kingdom of Morocco intends to preserve, in its plentitude and its diversity, its one and indivisible national identity. Its unity, is forged by the convergence of its Arab-Islamist, Berber [amazighe] and Saharan-Hassanic [saharo-hassanie] components, nourished and enriched by its African, Andalusian, Hebraic and Mediterranean influences [affluents]. The preeminence accorded to the Muslim religion in the national reference is consistent with [va de pair] the attachment of the Moroccan people to the values of openness, of moderation, of tolerance and of dialog for mutual understanding between all the cultures and the civilizations of the world.
International law, International organizations
Considering the imperative to reinforce the role which belongs to it on the international scene, the Kingdom of Morocco, active member within the international organizations, is committed to subscribe to the principles, rights and obligations enounced in their respective charters and conventions; it affirms its attachment to the Rights of Man such as they are universally recognized, as well as its will to continue to work to preserve peace and security in the world.
Regional group(s), Integration of ethnic communities, Reference to fraternity/solidarity
Founded on these values and these immutable principles, and strong in its firm will to reaffirm the bonds of fraternity, or cooperation, or solidarity and of constructive partnership with all other States, and to work for common progress, the Kingdom of Morocco, [a] united State, totally sovereign, belonging the Grand Maghreb, reaffirms that which follows and commits itself:
- To work for the construction of the Union of the Maghreb, as [a] strategic option;
To deepen the bonds of togetherness with the Arab and Islamist Ummah [Oumma], and to reinforce the bonds of fraternity and of solidarity with its brother peoples;
To consolidate relations of cooperation and of solidarity with the peoples and the countries of Africa, notably the sub-Saharan countries and the [countries] of the Sahel;
To intensify relations of cooperation, of rapprochement and of partnership with neighboring Euro-Mediterranean countries;
Reference to science
To enlarge and to diversify its relations of amity and of its rapport with human, economic, scientific, technical and cultural exchange with the countries of the world;
To reinforce South-South cooperation [cooperation Sud-Sud];
International law, International human rights treaties
To protect and to promote the mechanisms [dispositifs] of the Rights of Man and of international humanitarian law and to contribute to their development within their indivisibility and their universality;
Equality regardless of creed or belief, General guarantee of equality, Equality regardless of skin color, Equality regardless of origin, Equality regardless of gender, Equality for persons with disabilities, Equality regardless of language
To ban and combat all discrimination whenever it encounters it, for reason of sex, or color, of beliefs, of culture, of social or regional origin, of language, of handicap or whatever personal circumstance that may be;
Legal status of treaties, International law
To comply with [accorder] the international conventions duly ratified by it, within the framework of the provisions of the Constitution and of the laws of the Kingdom, within respect for its immutable national identity, and on the publication of these conventions, [their] primacy over the internal law of the country, and to harmonize in consequence the pertinent provisions of national legislation.
This Preamble is made [an] integral part of this Constitution.
Title One. General Provisions
Type of government envisioned
Morocco is a constitutional, democratic, parliamentary and social Monarchy.
The constitutional regime of the Kingdom is founded on the separation, the balance and the collaboration of the powers, as well as on participative democracy of [the] citizen, and the principles of good governance and of the correlation between the responsibility for and the rendering of accounts.
The Nation relies for its collective life on the federative constants [constantes federatrices], on the occurrence of moderate Muslim religion, [on] the national unity of its multiple components [affluents], [on] the constitutional monarchy and [on] democratic choice.
The territorial organization of the Kingdom is decentralized. It is founded on an advanced regionalization.
Sovereignty belongs to the Nation which exercises it directly, by way [voie] of referendum, and indirectly, by the intermediary of its representatives.
The Nation chooses its representatives from among the institutions elected by way of free, honest [sinceres] and regular suffrage.
Freedom of religion, Official religion
Islam is the religion of the State, which guarantees to all the free exercise of beliefs [cultes].
The emblem of the State is the red flag stamped in its center with a green star of five points [branches].
God or other deities, National motto
The motto of the Kingdom is Dieu, La Patrie, Le Roi [God, the Country, the King].
Official or national languages, Protection of language use
Arabic is [demeure] the official language of the State.
The State works for the protection and for the development of the Arabic language, as well as the promotion of its use.
Likewise, Tamazight [Berber/amazighe] constitutes an official language of the State, being common patrimony of all Moroccans without exception.
Integration of ethnic communities
An organic law defines the process of implementation of the official character of this language, as well as the modalities of its integration into teaching and into the priority domains of public life, so that it may be permitted in time to fulfill its function as an official language.
Right to culture
The State works for the preservation of Hassani, as an integral component of the Moroccan cultural unity, as well as the protection of the speakers [of it] and of the practical cultural expression of Morocco. Likewise, it sees to the coherence of linguistic policy and national culture and to the learning and mastery of the foreign languages of greatest use in the world, as tools of communication, of integration and of interaction [by which] society [may] know, and to be open to different cultures and to contemporary civilizations.
A National Council of Languages and of Moroccan Culture [Conseil national des langues et de la culture marocaine] is created, charged with[,] notably[,] the protection and the development of the Arabic and Tamazight languages and of the diverse Moroccan cultural expressions, which constitute one authentic patrimony and one source of contemporary inspiration. It brings together the institutions concerned in these domains. An organic law determines its attributions, composition and the modalities of [its] functioning.
The law is the supreme expression of the will of the Nation. All, physical or moral persons, and including the public powers, are equal before it and held to submit themselves to it.
General guarantee of equality, Equality regardless of gender
The public powers work for the creation of the conditions permitting the effectiveness of liberty and of the equality of citizens [feminine] and citizens [masculine] to be made general [generaliser], as well as their participation in political, economic, cultural and social life.
The principles of constitutionality, of the hierarchy and of the obligation of publication of juridical norms[,] are affirmed.
Protection from ex post facto laws
The law may not have retroactive effect.
Right to form political parties
The political parties work for the structuring [encadrement] and for the political instruction [formation] of the citizens [feminine] and citizens [masculine], for the promotion of their participation in the national life and the management of public affairs. They concur in the expression of the will of the electors and participate in the exercise of power, on the basis of pluralism and of alternation by democratic methods, within the framework of the constitutional institutions.
Their constitution and the exercise of their activities are free, within respect for the Constitution and for the law.
Restrictions on political parties
The regime of [a] sole party is illegal.
International human rights treaties
The political parties may not be founded on a religious, linguistic, ethnic or regional basis, or, in a general manner, on any discriminatory basis or [basis] contrary to the Rights of Man.
Prohibited political parties
They may not have for [an] objective [but], infringement to the Muslim religion, to the monarchical regime, to the constitutional principles, to the democratic foundations or to the national unity and territorial integrity of the Kingdom.
The organization and functioning of the political parties must conform to democratic principles.
An organic law determines, within the framework of the principles enounced in this Article, the regulations concerning[,] notably[,] the constitution and activities of the political parties, of the criteria of concession of financial support of the State, as well as the modalities of control of their financing.
Right to join trade unions
The union organizations of wage-earners, the professional associations [chambers] and the professional organizations of employers contribute to the defense of and to the promotion of[,] the socio-economic rights and interests of the categories which they represent. Their constitution and the exercise of their activities, within respect for the Constitution and for the law, are free.
The structures and functioning of these organizations must conform to democratic principles.
The public powers work for the promotion of collective negotiation and to the encouragement of the conclusion of collective labor agreements [conventions] within the conditions provided for by the law.
The law determines[,] notably[,] the regulations relative to the constitution of the union organizations, to the activities and to the criteria of concession of financial support of the State, as well as the modalities of control of their financing.
Regulation of political parties
The political parties and the union organizations may not be dissolved or suspended by the public powers except by virtue of a decision of justice.
The Constitution guarantees to the parliamentary opposition a status conferring on it the rights that will permit it to appropriately accomplish the missions that accrue to it in the parliamentary work and political life.
It guarantees, notably, to the opposition the following rights:
- the freedom of opinion, of expression, and of assembly;
air time [temps d'antenne] at the level of the official media, proportional to its representation;
the benefit of public finance, conforming to the provisions of the law;
the effective participation in the legislative procedure, notably by inclusion [inscription] of proposals of law in the agenda of both Chambers of the Parliament;
Legislative oversight of the executive, State operation of the media
the effective participation in the control of the governmental work, notably by way of [a travers] the motions of censure and the interpellation of the Government, [and] the oral questions addressed to the Government and the parliamentary commissions of inquiry;
the contribution to the proposing of candidates and to the election of members of the Constitutional Court;
an appropriate representation in the internal activities of both Chambers of the Parliament;
the presidency of the commission in charge of the legislation in the Chamber of Representatives;
disposal of means appropriate to assume its institutional functions;
the active participation in parliamentary diplomacy with a view to the defense of just causes of the Nation and of its vital interests;
the contribution to the structuring and the representation of the citizens [feminine] and citizens [masculine] in the work of the political parties which it forms and this, in accordance with the provisions of Article 7 of this Constitution;
the exercise of power in the local, regional and national plans, by way of democratic alternation, and within the framework of the provisions of this Constitution.
The groups of the opposition are held to provide [apporter] an active and constructive contribution to the parliamentary work.
The modalities of exercise, by the groups of the opposition, of the rights provided for above[,] are established, as is the case, by the organic laws, by the laws or additionally, by the internal regulations of each Chamber of the Parliament.
Free, honest and transparent elections constitute the foundation of the legitimacy of democratic representation.
The public powers are held to observe strict neutrality vis-à-vis the candidates and the non-discrimination between them.
State operation of the media
The law defines the rules guaranteeing equitable access to the public media and the full exercise of the freedoms and of the fundamental rights linked to the electoral campaigns and to the operations of the vote. The authorities in charge of the organization of the elections see to the application of these rules.
The law defines the conditions and the modalities of independent observation and neutrality of the elections in accordance with the recognized international norms.
Any person who infringes the provisions and rules of probity, of honesty and of transparency of the elections is punished by the law.
The public powers implement the measures necessary for the promotion and the participation of the citizens [feminine] and citizens [masculine] in the elections.
The associations of civil society and the non-governmental organizations are constituted and exercise their activities in all freedom, within respect for the Constitution and for the law.
They may not be dissolved or suspended, by the public powers, except by virtue of a decision of justice.
The associations interested in public matters and the non-governmental organizations, contribute, within the framework of participative democracy, in the enactment, the implementation and the evaluation of the decisions and the initiatives [projets] of the elected institutions and of the public powers. These institutions and powers must organize this contribution in accordance with the conditions and modalities established by the law.
The organization and functioning of the associations and the non-governmental organizations must conform to democratic principles.
The public powers work to the creation of instances of dialog [concertation], with a view to associate the different social actors with the enactment, the implementation, the execution and the evaluation of the public policies.
Legislative initiatives by citizens
The citizens [feminine] and citizens [masculine] have [disposent], within the conditions and following the modalities established by an organic law, the right to present motions in legislative matters.
Right of petition
The citizens [feminine] and citizens [masculine] have [disposent] the right to present petitions to the public powers.
An organic law determines the conditions and the modalities of the exercise of this right.
The Kingdom of Morocco works for the protection of the rights and legitimate interests of the Moroccan citizens [feminine] and citizens [masculine] resident abroad, within respect for international law and for the laws in force in the host countries. It is committed to the maintenance and to the development of their human ties, notably cultural, with the Kingdom, and the preservation of their national identity.
It sees to the reinforcement of their contribution to the development of their homeland [patrie], Morocco, and to the strengthening [resesserrement] of ties of amity and of cooperation between the governments and the societies of the countries where they reside, and of which they are citizens.
Restrictions on voting
The Moroccans residents abroad enjoy the full rights of citizenship, including the right to be electors and eligible. They can be candidates to the elections at the level of lists and of local, regional and national electoral circumscriptions. The law establishes the specific criteria of eligibility and of incompatibility. It determines, as well, the conditions and the modalities of the effective exercise of the right to vote and of candidature from the countries of residence.
The public powers work to assure a participation as extensive as possible to Moroccans resident abroad, in the consultative institutions and [institutions] of good governance created by the Constitution or by the law.
Title II. Fundamental Freedoms and Rights
General guarantee of equality
Equality regardless of gender, Provision for matrimonial equality, International law
The man and the woman enjoy, in equality, the rights and freedoms of civil, political, economic, social, cultural and environmental character, enounced in this Title and in the other provisions of the Constitution, as well as in the international conventions and pacts duly ratified by Morocco and this, with respect for the provisions of the Constitution, of the constants [constantes] of the Kingdom and of its laws.
Provision for matrimonial equality
The State works for the realization of parity between men and women.
Human rights commission
An Authority for parity and the struggle against all forms of discrimination is created, to this effect.
Right to life
The right to life is the first right of any human being. The law protects this right.
All have the right to the security of their person and of their kin [proches], and to the protection of their assets.
The public powers assure the security of the populations and of the national territory within respect for the fundamental freedoms and rights guaranteed to all.
The physical or moral integrity of anyone may not be infringed, in whatever circumstance that may be, and by any party that may be, public or private.
Prohibition of cruel treatment, Human dignity
No one may inflict on others, under whatever pretext there may be, cruel, inhuman, [or] degrading treatments or infringements of human dignity.
Prohibition of torture
The practice of torture, under any of its forms and by anyone, is a crime punishable by the law.
Principle of no punishment without law
No one may be arrested, detained, prosecuted or condemned outside of the cases and the forms provided by the law.
Protection from unjustified restraint
Arbitrary or secret detention and forced disappearance are crimes of the greatest gravity. They expose their authors to the most severe sanctions.
Protection from self-incrimination, Right to counsel
Any detained person has the right to be informed immediately, in a fashion which is comprehensible to him, of the reasons [motifs] of his detention and of his rights, including that of remaining silent. He must benefit, as well, from juridical assistance and of the possibility of communication with his relations, in accordance with the law.
Guarantee of due process, Right to fair trial, Presumption of innocence in trials
The presumption of innocence and the right to an equitable process are guaranteed.
Any detained person enjoys the fundamental rights and humane conditions of detention. He must benefit from programs of instruction and of reintegration [reinsertion].
All incitement to racism, to hatred and to violence is prohibited.
International human rights treaties
Genocide and all other crimes against humanity, the crimes of war and all the grave and systematic violations of the Rights of Man are punished by the law.
Right to privacy
Any person has the right to the protection of their private life.
The domicile is inviolable. Searches may only intervene in the conditions and the forms provided by the law.
Regulation of evidence collection
Private communications, under whatever form that may be, are secret. Only justice can authorize, under the conditions and following the forms provided by the law, the access to their content, their total or partial divulgation or their summons [invocation] at the demand [charge] of whosoever.
Freedom of movement
The freedom to circulate and to establish oneself on the national territory, to leave it and to return, in accordance with the law[,] is guaranteed to all.
Freedom of opinion/thought/conscience, Reference to art, Freedom of expression, Right to academic freedom
The freedoms of thought, of opinion and of expression under all their forms[,] are guaranteed.
Reference to science
The freedoms of creation, of publication and of presentation [exposition] in literary and artistic maters and of scientific and technical research[,] are guaranteed.
Reference to science, Right to culture, Reference to art
The public powers lend, by appropriate measures, their support to the development of cultural and artistic creation, and of scientific and technical research, as well as to the promotion of sports. They favor the development and the organization of these sectors in independent manner and on democratic and specific professional bases.
Right to information
The citizens [feminine] and citizens [masculine] have the right of access to information held by the public administration, the elected institutions and the organs [organismes] invested with missions of public service.
The right to information may only be limited by the law, with the objective [but] of assuring the protection of all which concerns national defense, the internal and external security of the State, and the private life of persons, of preventing infringement to the fundamental freedoms and rights enounced in this Constitution and of protecting the sources and the domains determined with specificity by the law.
Freedom of press
The freedom of the press is guaranteed and may not be limited by any form of prior censure.
Freedom of expression
All have the right to express and to disseminate freely and within the sole limits expressly provided by the law, information, ideas and opinions.
The public powers encourage the organization of the sector of the press in an independent manner and on democratic bases, as well as the determination of the juridical and ethical rules concerning it.
The law establishes the rules of organization and of control of the means of public communication. It guarantees access to these means respecting the linguistic, cultural and political pluralism of the Moroccan society.
State operation of the media
In accordance with the provisions of Article 165 of this Constitution, the High Authority of Broadcasting [Haute autorite de la communication audiovisuelle] sees to respect for this pluralism.
Freedom of association, Freedom of assembly
The freedoms of reunion, of assembly, of peaceful demonstration, of association and of syndical and political membership [appartenance], are guaranteed. The law establishes the conditions of the exercise of these freedoms.
Right to strike
The right to strike is guaranteed. An organic law establishes the conditions and the modalities of its exercise.
All the citizens [feminine] and the citizens [masculine] of majority, enjoying their civil and political rights[,] are electors and eligible. The law provides [prevoit] the provisions of [a] nature encouraging the equal access of women and men to the elective functions.
Claim of universal suffrage
The vote is a personal right and a national duty.
Restrictions on voting
Foreigners under [Moroccan] jurisdiction [ressortissants etrangers] enjoy the fundamental freedoms recognized to Moroccan citizens [feminine] and citizens [masculine], in accordance with the law.
Those among them who reside in Morocco can participate in local elections by virtue of the law, of the application of international conventions or of practices of reciprocity.
Extradition procedure, Protection of stateless persons
The conditions of extradition and of granting of the right of asylum are defined by the law.
The State, the public establishments and the territorial collectivities work for the mobilization of all the means available [disponibles] to facilitate the equal access of the citizens [feminine] and the citizens [masculine] to conditions that permit their enjoyment of the right:
Right to health care
to social protection, to medical coverage and to the mutual or organized joint and several liability of the State;
to a modern, accessible education of quality;
to education concerning attachment to the Moroccan identity and to the immutable national constants;
Reference to art
to professional instruction and to physical and artistic education;
Right to shelter
to decent housing;
Right to work
to work and to the support of the public powers in matters of searching for employment or of self-employment;
Civil service recruitment
to access to the public functions according to the merits;
Right to water, Protection of environment
to the access to water and to a healthy environment;
to lasting [durable] development.
Regulation of marriage
The family, founded on the legal ties of marriage, is the basic unit [cellule] of society.
The State works to guarantee, by the law, the protection of the family under the juridical, social and economic plans, in a manner to guarantee its unity, its stability and its preservation.
Rights of children
It assures one equal juridical protection and one equal social and moral consideration to all children, [being the] abstraction made from their familial situation.
Rights or duties of parents
Fundamental instruction [enseignement] is a right of the child and an obligation of the family and of the State.
A Consultative Council of the Family and of Childhood [Conseil consultatif de la famille et de l'enfance] is created.
It is incumbent on the public powers to take all the appropriate measures with a view to:
Right to culture
stimulate and make general the participation of youth in the social, economic, cultural and political development of the country;
Right to development of personality
to aid the young to establish themselves in [an] active and associative life and to give assistance to them in the difficulty of scholarly, social or professional adaptation;
Reference to science
to facilitate the access of the young to culture, to science, to technology, to art, to sports and to leisure, all in creation of propitious conditions for the full deployment of their creative and innovative potential in all these domains.
A Consultative Council of Youth and of Associative Action [Conseil consultatif de la jeunesse et de l’action associative], is created to this effect.
The public powers enact [elaborent] and implement the policies designed [destinies] for persons and for categories of specific needs. To this effect, it sees notably:
Right to own property
The right to property is guaranteed.
Protection from expropriation
The law can limit the extent of it and the exercise of it if the exigencies of economic and social development of the country necessitate it. Expropriation may only proceed in the cases and the forms provided by the law.
Protection of environment, Right to competitive marketplace, Ownership of natural resources
The State guarantees the freedom to contract and free competition. It works for the realization of a lasting human development, likewise to permit the consolidation of social justice and the preservation of the national natural resources and of the rights of the future generations.
The State looks to guarantee the equality of opportunities for all and [to] one specific protection for the socially disfavored categories.
Right to competitive marketplace
The infractions relative to conflicts of interest, to insider crimes [delits d'initie] and all infractions of financial order are sanctioned by the law.
The public powers are held to prevent and to reprimand, in accordance with the law, all forms of delinquency arising from the activity of the administrations and of the pubic organs [organismes], from the use of funds which they control [disposent], as well as from transfers [passation] and from the management of public markets.
Influence trafficking and [trafficking] in privileges, the abuse of a dominant position and of monopoly, and all the other practices contrary to the principles of free and fair competition in economic relations, are sanctioned by the law.
Counter corruption commission
A National Instance of Probity, of Prevention and for the struggle against Corruption [Instance nationale de la probite, de la prevention et de la lutte contre la corruption], is created.
Duty to obey the constitution
All the citizens [feminine] and the citizens [masculine] must respect the Constitution and conform to the law. They must exercise the rights and freedoms guaranteed by the Constitution in a spirit of responsibility and of engaged citizenship, where the exercise of the rights is made in correlation to the accomplishment of the duties.
Duty to serve in the military
All the citizens [feminine] and the citizens [masculine] contribute to the defense of the Country and of its territorial integrity against any aggression or threat [menace].
Duty to pay taxes
All support, in proportion to their contributive faculties, the public expenditures [charges] which only the law may, in the forms provided by this Constitution, create and assess [repartir].
Reference to fraternity/solidarity
All support with solidarity and proportionally to their means, the expenses that the development of the country requires, and those resulting from calamities and from natural catastrophes.
Title III. Of the Royalty
Head of state powers, Head of state decree power
The King, Commander of the Faithful [Amir Al Mouminine], sees to the respect for Islam. He is the Guarantor of the free exercise of beliefs [cultes].
He presides over the Superior Council of the Ulema [Conseil superieur des Oulema], charged with the study of questions that He submits to it.
The Council is the sole instance enabled [habilitee] to comment [prononcer] on the religious consultations (Fatwas) before being officially agreed to, on the questions to which it has been referred [saisi] and this, on the basis of the tolerant principles, precepts and designs of Islam.
The attributions, the composition and the modalities of functioning of the Council are established by Dahir [Royal Decree].
The King exercises by Dahirs the religious prerogatives inherent in the institution of the Emirate of the Faithful [Imarat Al Mouminine] which are conferred on Him in exclusive manner by this Article.
Head of state powers, Name/structure of executive(s), Head of state decree power
The King Head of State, His Supreme Representative, Symbol of the unity of the Nation, Guarantor of the permanence and of the continuity of the State and Supreme Arbiter between the institutions, sees to respect for the Constitution, to the good functioning of the constitutional institutions, to the protection of democratic choice and of the rights and freedoms of the citizens [feminine] and citizens [masculine], of the collectivities, and to respect for the international commitments of the Kingdom.
He is the Guarantor of the Independence of the country and of the territorial integrity of the Kingdom within its authentic frontiers.
The King exercises these missions by Dahirs by virtue of the powers that are expressly devolved to him by this Constitution.
The Dahirs, with the exception of those provided for in Articles 41, 44 (2nd paragraph), 47 (1st and 6th paragraphs), 51, 57, 59, 130 (1st and 4th paragraphs) and 174, are countersigned by the Head of Government.
Scheduling of elections, Eligibility for head of state, Head of state term length, Political theorists/figures, Head of state selection, Head of state replacement
The Crown of Morocco and its constitutional rights are hereditary and are transmitted from father to son through male descendants in direct line and by order of primogeniture of His Majesty The King Mohammed VI, unless the King has designated, in His lifetime, a successor from among His sons, other than His eldest son. When there are no male descendants in direct line, the succession to the Throne is devolved in the closest male collateral line and in the same conditions.
Minimum age of head of state, Head of government powers, Constitutional court powers
The King is a minor until reaching eighteen years [of age]. During the minority of the King, a Council of the Regency [Conseil de Regence] exercises the powers and the constitutional rights of the Crown, except those relative to the revision of the Constitution. The Council of the Regency shall function as [a] consultative organ before the King until the day [when] he has attained the age of eighteen years.
The Council of the Regency is presided over the President of the Constitutional Court. It is composed, moreover, of the Head of Government, of the President of the Chamber of Representatives, of the President of the Chamber of Councilors, of the President-Delegate of the Superior Council of the Judicial Power [President-delegue du Conseil Superieur du Pouvoir Judiciare], of the Secretary General of the Superior Council of the Ulema and of ten prominent persons [personnalites] appointed by the King intuitu personae.
The rules of functioning of the Council of the Regency are established by an organic law.
Head of state powers
The King disposes [disposes] of a civil list.
Head of state immunity
The person of the King is inviolable, and respect is due Him.
Head of government's role in the legislature, Cabinet selection, Head of government selection, Establishment of cabinet/ministers, Cabinet removal, Head of government replacement
The King appoints the Head of Government from within the political party arriving ahead in the elections of the members of the Chamber of Representatives, and with a view to their results.
On proposal of the Head of Government, He appoints the members of the government.
The King can, on His initiative, and after consultation with the Head of Government, terminate the functions of one or more members of the government.
The Head of Government can demand of the King to terminate the functions of one or more members of the government.
The Head of Government can demand of the King to terminate the functions of one or more members of the government who make their individual or collective resignation.
Following the resignation of the Head of Government, the King terminates the functions of the whole of the government.
The government which has been terminated in its functions expedites the current affairs until the constitution of the new government.
Head of government powers, Establishment of cabinet/ministers
The King presides over the Council of Ministers composed of the Head of Government and of the ministers.
The Council of Ministers meets on the initiative of the King or on the demand of the Head of Government.
The King can, on the basis of a specific [determine] agenda, delegate to the Head of Government the presidency of a Council of Ministers.
Budget bills, Central bank, Power to declare/approve war, Subsidiary unit government, Emergency provisions, Establishment of cabinet/ministers, Powers of cabinet, Head of government powers, Constitution amendment procedure
The Council of Ministers deliberates on the following questions and texts:
- the strategic orientations of the policy of the State;
the bills of revision of the Constitution;
the bills of organic laws;
the general orientations of the bill of the law of finance;
the bills of framework law [loi-cadre] provided for by Article 71 (2nd paragraph) of this Constitution;
the bill of law of amnesty;
the bills of texts relative to the military domain;
the declaration of the state of siege;
the bill of decree provided for by Article 104 of this Constitution;
the appointment, on the proposal of the Head of Government and at the initiative of the minister concerned, to the following civil offices [emplois]: wali of Bank AI-Maghrib, ambassadors, walis and governors, and responsible [persons] of the administrations charged with internal security, as well as the responsible [persons] of the public strategic establishments and enterprises. An organic law specifies [precise] the list of these strategic establishments and enterprises.
Head of state decree power
The King promulgates the law within the thirty days which follow the transmission to the government of the law definitively adopted.
The law so promulgated must be made the object of publication in the Bulletin officiel of the Kingdom within a time not exceeding one month counting from the date of the Dahir of its promulgation.
Head of state decree power, Dismissal of the legislature
The King can dissolve, by Dahir, both Chambers of the Parliament or one of them within the conditions provided by Articles 96, 97 and 98.
Head of state powers
The King can address messages to the Nation and to the Parliament. The messages are read before either Chamber and may not be made the object of any debate.
Designation of commander in chief, Selection of active-duty commanders
The King is the Supreme Head of the Royal Armed Forces. He appoints to the military offices [emplois] and can delegate this right.
Head of state powers, Advisory bodies to the head of state, Head of government powers
A Superior Council of Security [Conseil superieur de securite] is created, as the instance of coordination [concertation] concerning the strategies of internal and external security of the country, and of management of crisis situations. The Council sees equally to the institutionalization of the norms of a good security governance.
The King presides over this Council and can delegate to the Head of Government the presidency of a meeting of the Council, on the basis of a specific agenda.
The Superior Council of Security is composed of, other than the Head of Government, the President of the Chamber of Representatives, of the President of the Chamber of Councilors, the President-Delegate of the Superior Council of the Judicial Power, the ministers responsible for [charges] the Interior, of Foreign Affairs, of Justice and of the administration of National Defense, as well as those responsible [persons] of the administrations competent in security matters, of the superior officers of the Royal Armed Forces and any other prominent person whose presence is useful to the work of the said Council.
The internal regulations of the Council establish the rules of its organization and of its functioning.
Accession of territory, Head of state powers, Constitutional court powers, Legal status of treaties, Treaty ratification, Foreign affairs representative, International law, Head of government powers, Constitutional interpretation, International organizations
The King accredits the ambassadors to foreign States and to the international organs [organismes]. The ambassadors and the representatives of the international organs [organismes] are accredited to him.
He signs and ratifies the treaties. However, the treaties of peace or of union, or those relative to the delimitation of the frontiers, the commercial treaties or those which engage the finances of the State or the application of which necessitate legislative measures, as well as those treaties relative to the individual or collective rights and freedoms of the citizens [feminine] and citizens [masculine], may only be ratified after having been previously approved by the law.
The King can submit to the Parliament any other treaty or convention before its ratification.
If the Constitutional Court, referred to [the matter] by the King or the Head of Government or the President of the Chamber of Representatives or the President of the Chamber of Councilors or one-sixth of the members of the first Chamber or one-quarter of the members of the second Chamber, declares that an international commitment contains [comporte] a provision contrary to the Constitution, its ratification may only intervene after the revision of the Constitution.
Head of state powers
The King presides over the Superior Council of the Judicial Power.
Establishment of judicial council, Ordinary court selection, Head of state decree power, Supreme court selection
The King approves by Dahir the appointment of the magistrates by the Superior Council of the Judicial Power.
Power to pardon
The King exercises the right of pardon.
Emergency provisions, Head of state decree power, Constitutional court powers
When the integrity of the National territory is threatened or [in case] that events are produced which obstruct the regular functioning of the constitutional institutions, the King can, after having consulted the Head of Government, the President of the Chamber of Representatives, the President of the Chamber of Councilors, as well as the President of the Constitutional Court, and addressing a message to the Nation, proclaim by Dahir the state of exception. By this act, the King is enabled [habilite] to take the measures that the defense of the territorial integrity imposes and to return, in the least time, to the normal functioning of the constitutional institutions.
The Parliament may not be dissolved during the exercise of exceptional powers.
The fundamental rights and freedoms provided by this Constitution remain guaranteed.
The state of exception is terminated in the same forms as its proclamation, once the conditions which have justified it do not exist.
Title V. Of the Executive Power
Eligibility for head of government, Head of government removal, Eligibility for cabinet, Establishment of cabinet/ministers, Name/structure of executive(s)
The government is composed of the Head of Government and of the ministers, and may consist also of the Secretaries of State.
An organic law defines, notably, the rules relative to the organization and to the conduct of the work of the government and to the status of its members.
It determines equally the case of incompatibility with the governmental function, the rules relative to the limitation of accumulation of functions, as well as those governing the handling [expedition] of current affairs by the government of which the functions have been terminated.
Establishment of cabinet/ministers, Head of government powers, Joint meetings of legislative chambers
After the designation of the members of the government by the King, the Head of Government presents and introduces before the two Chambers of the Parliament meeting [jointly], the program that it intends to implement [compte appliquer]. This program must delineate [degager] the directive lines of action that the government proposes to lead [mener] in the various sectors of national activity and notably, in the domains concerned with economic, social, environmental, cultural and foreign policy.
This program is made the object of debate before each of the two Chambers. It is followed by a vote in the Chamber of Representatives.
The government is invested, after having obtained the confidence of the Chamber of Representatives, expressed by the vote of the absolute majority of the members composing said chamber, in favor of the program of the government.
Powers of cabinet
The government exercises the executive power.
Under the authority of the Head of Government, the government implements its governmental program, assures the execution of the laws, disposes the administration and supervises the public enterprises and establishments and assures their protection [tutelle].
Head of government powers
The Head of Government exercises the regulatory power and can delegate certain of these powers to the ministers.
The regulatory acts of the Head of Government are countersigned by the ministers charged with their execution.
Head of government powers
The Head of Government appoints to the civil offices [emplois] in the public administrations and to the high functions of the public establishments and enterprises, without prejudice to the provisions of Article 49 of this Constitution.
He can delegate this power.
Head of government powers, Establishment of cabinet/ministers
Under the presidency of the Head of Government, the Council of Government [Conseil du Gouvernement] deliberates on the following questions and texts:
- the general policy of the State before its presentation in the Council of Ministers;
the engagement of the responsibility of the government before the Chamber of Representatives;
International human rights treaties
the questions of current affairs concerning the Rights of Man and public order;
the bills of law, including [dont] the bill of the law of finance, before their deposit with the Bureau of the Chamber of Representatives, without prejudice to the provisions of Article 49 of this Constitution;
the drafts [projets] of regulatory decrees;
the bills of decrees specified in Articles 65 (2nd paragraph), 66 and 70 (3rd paragraph) of this Constitution;
Treaty ratification, International law
the treaties and the international conventions before their submission to the Council of Ministers;
the appointment of the secretaries-general and the central directors of the public administrations, the presidents of universities, of the deans and directors of the superior schools and institutes. The organic law provided for by Article 49 of this Constitution may complete the list of the functions to be provided for in the Council of Government, and determine, in particular, the principles and criteria of appointment to these functions, notably those of equality of opportunities, of merit, of competence and of transparency.
The Head of Government informs the King of the conclusions of the deliberations of the Council of Government.
Reference to fraternity/solidarity, Establishment of cabinet/ministers
The ministers are responsible, each in the sector for which he has the responsibility [charge] and in the framework of governmental solidarity, of the implementation of the policy of the government.
The ministers accomplish the missions which the Head of Government confides in them. They render account to the Council of Government.
They can delegate a part of their attributions to the Secretaries of State.
The members of the government are criminally responsible before the jurisdictions of the Kingdom for the crimes and misdemeanors committed in the exercise of their functions.
The law determines the procedure relative to this responsibility.
Establishment of constitutional court
Title VIII. Of the Constitutional Court
A Constitutional Court is instituted.
Constitutional court selection, Constitutional court term limits, Standing committees, Constitutional court term length, Eligibility for const court judges
The Constitutional Court is composed of twelve members appointed for a mandate of nine years non-renewable. Six members are designated by the King, of which one member is proposed by the Secretary General of the Superior Council of the Ulema, and six members are elected, half by the Chamber of Representatives, [and] half by the Chamber of Councilors from among the candidates presented by the Bureau of each Chamber, at the end of a vote by secret ballot and with the majority of two-thirds of the members composing each Chamber.
If the two Chambers of Parliament or one of them do not elect the members specified within the legal time required for the renewal, the Court exercises their attributions and renders its decisions on the basis of a quorum not counting the members not re-elected.
Each category of members is renewed by thirds every three years.
The President of the Constitutional Court is appointed by the King, from among the members composing the Court.
The members of the Constitutional Court are chosen from among the notable persons disposing of a high attainment of knowledge [formation] in the juridical domain and of a judicial competence, doctrinal or administrative, having exercised their profession for more than fifteen years, and recognized for their impartiality and their probity.
Constitutionality of legislation, Constitutional court removal, Eligibility for const court judges
An organic law determines the rules of organization and of functioning of the Constitutional Court, as well as the procedure which is followed before it and the situation of its members.
It determines equally the incompatible functions, of which[,] notably[,] are those relative to the liberal professions, establishes the conditions of the two first triennial renewals and the modalities of replacement of the members impeached [empeches], [who] have resigned, or [who] have died in the course of the mandate.
Constitutional court powers, Constitutional interpretation, Constitutionality of legislation, Referenda, Powers of cabinet
The Constitutional Court exercises the attributions which are devolved on it by the Articles of the Constitution and the provisions of the organic laws. It decides, moreover, on the regularity of the election of the members of Parliament and of the operations of referendum.
The organic laws before their promulgation and the regulations of the Chamber of Representatives and of the Chamber of Councilors, before their implementation, must be submitted to the Constitutional Court which decides on their conformity to the Constitution.
To the same ends, the laws, before their promulgation, may be deferred to the Constitutional Court by the King, the Head of Government, the President of the Chamber of Representatives, the President of the Chamber of Councilors, or by one-fifth of the members of the Chamber of Representatives or forty members of the Chamber of Councilors.
In the case provided for in the second and third paragraphs of this Article, the Constitutional Court decides within a time of one month counting from its referral to [the matter]. However, at the demand of the government, if there is urgency, this time is reduced to eight days.
In these same cases, the referral of [the matter] to the Constitutional Court suspends the time period for promulgation.
It decides on the regularity of the election of the members of the Parliament within a time of one year, counting from the date of expiration of the legal time of recourse. However, the Court can decide beyond this time, by substantiated decision, in the case where the number of recourses or their nature requires it.
Constitutionality of legislation, Constitutional interpretation
The Constitutional Court is competent to take cognizance of a pleading [exception] of unconstitutionality raised in the course of a process, when it is maintained by one of the parties that the law on which the issue of the litigation depends, infringes the rights and freedoms guaranteed by the Constitution.
An organic law establishes the conditions and modalities of application of this Article.
Constitutionality of legislation
A provision declared unconstitutional on the foundation of Article 132 of this Constitution may not be promulgated or implemented. A provision declared unconstitutional on the foundation of Article 133 is abrogated counting from the date specified by the Constitutional Court in its decision.
The decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers and on all the administrative and jurisdictional authorities.
Title IX. Of the Regions and of the Other Territorial Collectivities
Municipal government, Subsidiary unit government
The territorial collectivities of the Kingdom are the regions, the prefectures, the provinces and the communes.
They constitute moral persons of public law, which democratically administer [gerent] their affairs.
The Councils of the regions and of the communes are elected by direct universal suffrage.
Any other territorial collectivity is created by the law, the case arising, in substitution of one or more [of the] collectivities mentioned in the first paragraph above.
Reference to fraternity/solidarity
The regional and territorial organization is based [repose] on the principle of free administration, of cooperation and of solidarity. It assures the participation of the populations concerned in the management of their affairs and favors their contribution to [a] complete and lasting human development.
Subsidiary unit government, Municipal government
The regions and the other territorial collectivities participate in the implementation of the general policy of the State and in the enactment [elaboration] of the territorial policies through their representatives in the Chamber of Councilors.
Subsidiary unit government
The presidents of the Councils of the regions and the presidents of the other territorial collectivities execute the deliberations and decisions of these Councils.
Subsidiary unit government
The participative mechanisms of dialog and of acting in concert [concertation] are implemented by the regional Councils and the Councils of the other territorial collectivities so as to favor the participation [implication] of the citizens [feminine] and the citizens [masculine], and of the associations in the enactment and the application [suivi] of the programs of development.
The citizens [feminine] and the citizens [masculine] and the associations can exercise the right of petition with a view of demanding the inclusion [inscription] in the agenda of the Council, a question relevant to its competence.
Municipal government, Reference to fraternity/solidarity, Subsidiary unit government
On the basis of the principle of solidarity, the territorial collectivities have their own competences, competences divided with the State and those which are transferable to them by the latter.
The regions and the other territorial collectivities are provided, within their respective domains of competences and within their territorial resort, [with] a regulatory power for the exercise of their attributions.
Municipal government, Subsidiary unit government
The regions and the other territorial collectivities dispose of their own financial resources and of financial resources allocated [affectees] by the State.
Any transfer of competences of the State to the regions and the other territorial collectivities must be accompanied by a transfer of corresponding resources.
Subsidiary unit government, Reference to fraternity/solidarity
A fund of social improvement [fonds de mise a niveau sociale] allocated for the absorption [resorption] of the deficits in matters of human development, of infrastructure and of equipment, is created, for a specific period, for the benefit of the regions.
A fund of inter-regional solidarity [fonds de solidarite interregionale] in consideration of an equitable division of resources, with a view to reduce the disparities between the regions, is created as well.
No territorial collectivity may exercise the guardianship [tutelle] of another.
In the enactment and the application of the programs of regional development and of the regional schemes of management of the territories, the region assures, under the supervision of the President of the Council of the region, a preeminent role for good relations [rapport] with the other territorial collectivities, within respect for the competences and these latter.
When the concurrence [concours] of several territorial collectivities is necessary for the realization of a project, the collectivities concerned determine [conviennent] the modalities of their cooperation.
The territorial collectivities may constitute groups [groupements] with a view to mutual action [mutualisation] of programs and of means.
Municipal government, Subsidiary unit government
In the territorial collectivities, the walis of regions and the governors of provinces and prefectures represent the central power.
In the name of the government, they assure the application of the laws, implement the governmental regulations and decisions and exercise the administrative control.
The walis and governors assist the presidents of the territorial collectivities and[,] notably[,] the presidents of the Councils of the regions in the implementation of the plans and the programs of development.
Under the authority of the ministers concerned, they coordinate the activities of the deconcentrated services of the central administration and see to their good functioning.
Reference to fraternity/solidarity, Municipal government, Subsidiary unit government
An organic law establishes notably:
- the conditions of democratic management of their affairs by the regions and the other territorial collectivities, the number of members of their councils, the rules relative to the eligibility, to the incompatibilities and to the case of the interdiction of accumulation of mandates, as well as the electoral regime and the provisions designed [visant] to assure the better participation of women within these councils;
the conditions of execution, by the presidents of the Councils of the regions and the presidents of the Councils of the other territorial collectivities, of the deliberations and of the decisions of said Councils, in accordance with the provisions of Article 138;
the conditions of exercise[,] by the citizens [feminine] and the citizens [masculine] and the associations of law[,] of the right of petition provided for by Article 139;
[their] own competences, the competences divided with the State and those which are transferred to the regions and to the other territorial collectivities, provided for in Article 140;
the financial regime of the regions and the other territorial collectivities;
the origin of financial resources of the regions and the other territorial collectivities provided for in Article 141;
the resources and the modalities of functioning of the Fund of social improvement and of the Fund of interregional solidarity provided for in Article 142;
the conditions and the modalities of the constitutions of the groups provided for in Article 144;
the provisions favoring inter-communal development, as well as the mechanisms designed to assure the adaptation of the territorial organization in this sense;
the rules of governance relative to the good functioning of the free administration, to the control of the management of the funds and programs, to the evaluation of the actions and to the rendering of accounts.
Title X. Of the Court of Accounts
The Court of Accounts [Cour des Comptes] is the superior institution of control of the public finances of the Kingdom. Its independence is guaranteed by the Constitution.
The Court of Accounts has for its mission the consolidation and the protection of the principles and values of good governance, of transparency and of the rendering of the accounts of the State and of the public organs [organismes].
The Court of Accounts is charged to assure the superior control of the execution of the laws of finance. It assures the regularity of the operations of receipts and expenditures of the organs [organismes] submitted to its control by virtue of the law and appraises [apprecie] the management of them. It sanctions, the case arising, the omissions of the rules which govern said operations.
The Court of Accounts controls and assures the submission [suivi] of the declarations of patrimony, audits the accounts of the political parties and verifies the regularity of the expenditures of the electoral operations.
Head of state powers, Head of government powers
The Court of Accounts assists the Parliament in the domains of control of the public finances. It responds to the questions and consultations in relation to the functions of legislation, of control and of evaluation, exercised by the Parliament and relative to the public finances.
The Court of Accounts gives [apporte] its assistance to the judicial instances.
The Court of Accounts assists the government in the domains relevant to is competence by virtue of the law.
It publishes all of its works including the specific reports and the jurisdictional decisions.
It submits to the King and annual report on all of its activities, which it transmits equally to the Head of Government and to the Presidents of the two Chambers of the Parliament. This report is published in the Bulletin officiel of the Kingdom.
A commentary on the activities of the Court is presented by its First President before the Parliament. It is followed by a debate.
The regional Courts of accounts are charged to assure the control of the accounts and of the management of the regions and of the other territorial collectivities and of their groups [groupements].
It sanctions, the case arising, the omissions to the rules which govern these operations.
The attributions, the rules of organization, and the modalities of functioning of the Court of Accounts and of the regional courts of accounts are established by the law.
Title XIII. Of the Revision of the Constitution
Referenda, Constitution amendment procedure
The initiative of the revision of the Constitution belongs to the King, to the Head of Government, and to the Chamber of Representatives and to the Chamber of Councilors.
The King can submit directly to referendum the bill of revision of which He takes the initiative.
Constitution amendment procedure
The proposal of revision emanating from one or several of the members of one of the two Chambers of Parliament may only be adopted by a vote with the majority of two-thirds of the members who compose it.
This proposal is submitted to the other Chamber which adopts it with the same majority of two-thirds of the members who compose it.
The proposal of revision emanating from the Head of Government is submitted to the Council of Ministers, after deliberation in the Council of Government.
Constitutional court powers, Constitution amendment procedure, Head of state decree power, Joint meetings of legislative chambers, Referenda
The bills and proposals of revision of the Constitution are submitted by Dahir to referendum.
The revision of the Constitution is definitive after having been adopted by way [vole] of referendum.
The King can, after having consulted the President of the Constitutional Court, submit by Dahir to Parliament a bill of revision of certain provisions of the Constitution.
The Parliament, convoked by the King in joint Chambers, approves it with the majority of two-thirds of the members of the Parliament.
The Internal Regulations of the Chamber of Representatives establishes the modalities of application of this provision.
The Constitutional Court controls the regularity of the procedure of this revision and proclaims the results.
Unamendable provisions, Constitution amendment procedure
No revision may infringe the provisions relative to the Muslim religion, on the monarchic form of the State, on the democratic choice of the Nation or on [those] acquired in matters of [the] freedoms and of fundamental rights inscribed in this Constitution.