The Head of Government shall present before Parliament a progress report on government action, on his own initiative or at the request of one third of the members of the House of Representatives or of the majority of the members of the House of Councillors. An annual sitting shall be reserved by Parliament for the discussion and evaluation of public policies.
Constitution of the Kingdom of Morocco
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The committees concerned in each of the two Chambers may request to hear the heads of administrations and of public establishments and enterprises, in the presence and under the responsibility of the ministers concerned.
The Head of Government may engage the responsibility of the government before the House of Representatives, on a declaration of general policy or on the vote of a text. Confidence may be refused or the text rejected only by an absolute majority of the members composing the House of Representatives. The vote may take place only t…
The Head of Government may dissolve the House of Representatives, by decree taken in the Council of Ministers, after consulting the King, the President of that Chamber and the President of the Constitutional Court. The Head of Government shall present before the House of Representatives a declaration covering in particular the reasons and objectives of the dissolution decision.
The Chamber of Representatives may call into question the responsibility of the government by voting a motion of censure. Such a motion is admissible only if it is signed by at least one fifth of the members composing the Chamber. The motion of censure is approved by the Chamber of Representatives only by a vote taken by an abso…
The Chamber of Councillors may question the government by means of a motion signed by at least one fifth of its members. It may be voted only three clear days after its filing and by an absolute majority of the members of this Chamber. The text of the interpellation motion is immediately sent by the President of the Chamber of C…
The judicial power is independent of the legislative power and of the executive power. The King is the guarantor of the independence of the judicial power.
Sitting magistrates are irremovable.
Any intervention in cases submitted to justice is proscribed. In his judicial function, the judge may not receive any injunction or instruction, nor be subjected to any pressure. Whenever he considers that his independence is threatened, the judge must refer the matter to the Supreme Council of the Judicial Power. Any breach by…
Sitting magistrates are bound solely by the application of the law. Judicial decisions are rendered on the sole basis of the impartial application of the law. Public prosecutors are bound to apply the law and must comply with written instructions, consistent with the law, emanating from the hierarchical authority.
Magistrates enjoy freedom of expression, compatible with their duty of reserve and judicial ethics. They may join associations or create professional associations, in compliance with the duties of impartiality and independence of justice and under the conditions provided by law. They may not join political parties or trade union organizations.
The status of magistrates is determined by an organic law. Of the Supreme Council of the Judicial Power
The Supreme Council of the Judicial Power ensures the application of the guarantees granted to magistrates, in particular as regards their independence, appointment, advancement, retirement and discipline. On its own initiative, it draws up reports on the state of justice and of the judicial system and presents appropriate recom…
The individual decisions of the Supreme Council of the Judicial Power may be subject to a remedy for excess of power before the highest administrative court of the Kingdom.
The Supreme Council of the Judicial Power is presided over by the King. It is composed of: - the First President of the Court of Cassation as President-delegate; - the King's Prosecutor General at the Court of Cassation; - the President of the First Chamber of the Court of Cassation; - 4 representatives elected from among themse…
The Supreme Council of the Judicial Power holds at least two sessions per year. It has administrative and financial autonomy. In disciplinary matters, the Supreme Council of the Judicial Power is assisted by experienced inspector magistrates. The election, organization and functioning of the Supreme Council of the Judicial Power…
The judge is responsible for the protection of rights and freedoms and of the judicial security of persons and groups, as well as for the application of the law.
Access to justice is guaranteed to every person for the defense of his rights and interests protected by law. Any act of a regulatory or individual nature, taken in administrative matters, may be subject to a remedy before the competent administrative court.
Any person charged or accused is presumed innocent until his conviction by a judicial decision having acquired the force of res judicata.
Everyone has the right to a fair trial and to a judgment rendered within a reasonable time. The rights of the defense are guaranteed before all courts.
In the cases provided for by law, justice is free of charge for those who do not have sufficient resources to bring an action before the courts.
Damage caused by a judicial error gives rise to a right to compensation at the expense of the State.
Hearings are public, unless the law provides otherwise.
Judgments are rendered and enforced in the name of the King and by virtue of the law.
Every judgment is reasoned and pronounced in public hearing under the conditions provided for by law.
Final judgments are binding on all. Public authorities must provide the necessary assistance when it is required during the trial. They are also bound to lend their assistance to the enforcement of judgments.
Ordinary or specialized courts are created by law. No exceptional court may be created.
The judicial police act under the authority of the public prosecutor's office and of the investigating judges for all matters concerning the inquiries and investigations necessary for the search for offences, the arrest of offenders and the establishment of the truth. TITLE VIII ON THE CONSTITUTIONAL COURT
A Constitutional Court is hereby established.
The Constitutional Court is composed of twelve members appointed for a non-renewable term of nine years. Six members are designated by the King, including one member proposed by the Secretary General of the Higher Council of Ulema, and six members are elected, half by the House of Representatives and half by the House of Council…
An organic law determines the rules of organization and operation of the Constitutional Court, as well as the procedure followed before it and the status of its members. It also determines incompatible functions, in particular those relating to the liberal professions, sets the conditions for the first two three-year renewals and the modalities for replacing members prevented from serving, resigning, or deceased during their term of office.
The Constitutional Court exercises the attributions assigned to it by the articles of the Constitution and the provisions of the organic laws. It also rules on the regularity of the election of the members of Parliament and of referendum operations. Organic laws, before their promulgation, and the rules of the House of Represent…
The Constitutional Court is competent to hear an objection of unconstitutionality raised during a trial, when it is argued by one of the parties that the law on which the outcome of the dispute depends infringes the rights and freedoms guaranteed by the Constitution. An organic law sets the conditions and modalities for the application of this article.
A provision declared unconstitutional on the basis of article 132 of this Constitution may neither be promulgated nor implemented. A provision declared unconstitutional on the basis of article 133 is repealed as of the date fixed by the Constitutional Court in its decision. The decisions of the Constitutional Court are not subje…
The territorial collectivities of the Kingdom are the regions, the prefectures, the provinces and the communes. They constitute public legal persons, which manage their affairs democratically. The Councils of the regions and of the communes are elected by direct universal suffrage. Any other territorial collectivity is created by law, where appropriate, in substitution for one or more of the collectivities mentioned in the first paragraph above.
Regional and territorial organization is based on the principles of free administration, cooperation and solidarity. It ensures the participation of the populations concerned in the management of their affairs and promotes their contribution to integrated and sustainable human development.
The regions and the other territorial collectivities shall participate in the implementation of the general policy of the State and in the elaboration of territorial policies through their representatives in the Chamber of Councillors.
The presidents of the Regional Councils and the presidents of the other territorial collectivities shall execute the deliberations and decisions of those Councils.
Participatory mechanisms of dialogue and consultation shall be established by the Regional Councils and the Councils of the other territorial collectivities in order to promote the involvement of citizens and associations in the elaboration and monitoring of development programs. Citizens and associations may exercise the right of petition in order to request the inclusion on the Council's agenda of a question falling within its competence.
On the basis of the principle of subsidiarity, the territorial collectivities shall have their own competences, competences shared with the State and those transferable to them by the latter. The regions and the other territorial collectivities shall have, within their respective fields of competence and within their territorial jurisdiction, regulatory power for the exercise of their attributions.
The regions and the other territorial collectivities shall have their own financial resources and financial resources allocated by the State. Any transfer of competences from the State to the regions and the other territorial collectivities must be accompanied by a transfer of the corresponding resources.
There shall be created, for a determined period, for the benefit of the regions, a Social Upgrading Fund intended for the absorption of deficits in matters of human development, infrastructure and equipment. There shall be created, moreover, an Interregional Solidarity Fund aimed at an equitable distribution of resources, in order to reduce disparities between the regions.
No territorial collectivity may exercise tutelage over another. In the elaboration and monitoring of regional development programs and regional territorial planning schemes, the region shall ensure, under the supervision of the president of the Regional Council, a pre-eminent role in relation to the other territorial collectivit…
The territorial collectivities may constitute groupings with a view to the pooling of means and programs.
Within the territorial collectivities, the walis of regions and the governors of prefectures and provinces shall represent the central power. In the name of the government, they shall ensure the application of the laws, implement the regulations and governmental decisions and exercise administrative control. The walis and govern…
An organic law shall determine in particular: - 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 relating to eligibility, to incompatibilities and to cases of prohibition of the accumulation of mandates, as well as…
The Court of Accounts is the supreme institution of control of the public finances of the Kingdom. Its independence is guaranteed by the Constitution. The mission of the Court of Accounts is the consolidation and protection of the principles and values of good governance, transparency and accountability of the State and of publi…
The Court of Accounts assists Parliament in the areas of oversight of public finances. It responds to questions and consultations relating to the functions of legislation, oversight and evaluation exercised by Parliament and relating to public finances. The Court of Accounts provides assistance to judicial bodies. The Court of A…
The Regional Courts of Accounts are responsible for ensuring the audit of the accounts and management of the regions and other territorial collectivities and their groupings. They sanction, where appropriate, breaches of the rules governing the said operations.
The attributions, rules of organisation and modalities of operation of the Court of Accounts and of the Regional Courts of Accounts are fixed by law. TITLE XI THE ECONOMIC, SOCIAL AND ENVIRONMENTAL COUNCIL