Constitutions of Morocco

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Royal coat of arms of Morocco

Today's Constitution of Morocco (“Constitution”: Arabic الدستور, DMG ad-dstūr Darija “ Doustour ”) dates back to 1962. The Kingdom of Morocco emerged from the colonial era as an independent state on November 18, 1956 . On March 2 of the same year, the colonial protectorate was lifted by France and Mohammed V was appointed sultan . In 1957 he ended the sultanate and assumed the office of king of a nominal constitutional monarchy .

However, it took another 5 years until his son Hassan II submitted the country 's first constitution to the people for a vote after the death of his father , which came into force on November 18, 1962 with over 80% approval.

The most important constitutional change in the country is that of 1996. It emphasized, stabilized and strengthened some essential elements of direct democracy , the separation of powers and regionalization , and thus ushered in a new, more realistic phase of the country.

The last revision of the constitution took place in 2011.

Constitutional history

prehistory

In 1904, after his return from Egypt , the Moroccan poet and nationalist Ali Zniber presented a first constitutional project entitled Protection of Independence and Rejection of Colonial Manipulation .

In October 1908, in turn, a constitutional project was published by the journal Lissan Al Maghrib , a testimony to a nucleus of modern democracy in the orbit of Moroccan intellectuals. It expressed, albeit vaguely, the ideas of the separation of powers and human rights . In an extremely unfavorable political climate of European colonialism and internal disputes, the publication had no discernible effects, and its anonymous authors are still not clearly identifiable today.

In the introduction to his master’s thesis, a Moroccan political scientist states that under the title The Constitutional Council and the Continuity of the Civil Service in Morocco there are other publications that can be classified as similar at that time. He locates the background of the authors and their effects in the vicinity of the legal system of the Ottoman Empire , specifically in the Ottoman constitution of 1876 , which lifted though after two years, but just in 1908 under pressure from the Young Turks reinstated been set was . Its authors (under the direction of the Grand Vizier Midhat Pascha ) had studied Western constitutional law in Europe, and from the point of view of that time their constitution was considered to be compatible with Sharia law .

The gradual strengthening of a diverse, nationalist independence movement in the Maghreb under the colonial protectorate of France and Spain , to a large extent even supported by Berber tribes and communists, led to the independence of Morocco in 1956 under the reign of the Alawid dynasty .

King Mohammed V , previously celebrated as the patron of the national movement, cautiously and cautiously tackled extensive reforms, careful to keep the strengthened political parties in Morocco - above all the strong Istiqlal (PI) - in check. His son and successor Hassan II personally took over the affairs of government again and decided to cement the central role of the king in a nominal constitutional monarchy by means of a separate constitution.

Since then, the constitutions of Morocco, as well as the continuous reforms of the public administration and the legal system, have been closely based on the example of France and an expression of the admiration of the Moroccan monarchy for a modern, western constitutional law. On the other hand, they emphasize the "Arab, Islamic, Maghrebian and African character" of the Moroccan state. The first attempt at this ideological balancing act after 1962 led to contradicting jurisprudence, domestic political upheavals, and ultimately even to years of state of emergency , before a newly drafted constitution came into force in 1970.

Against this background, the constitutional history of Morocco is to be seen as a reflection of the overall efforts of the Alawid dynasty to dissolve the internal and external resistance to a permanent unification of the tribes of the country - with increasing use of modern forms of political, social and economic administration, but just below the traditional, scherifisch - i.e. religiously - legitimized rule of their dynasty.

1st Constitution of 1962

King Hassan II published the constitution on November 18, 1962. It was adopted on December 7 in a referendum by over 80% of the 4.56 million eligible voters, and came into force on December 14, 1962.

Main points:

  • Constitutional monarchy
  • King's Immunity - Amir Al Mu'minin 'Leader of the Believers'
  • The king appoints and dismisses the government
  • Bicameral parliament
  • Direct election of the Chamber of Representatives of Parliament
  • The king can submit any law to a referendum
  • The king can dissolve parliament at any time
  • Compulsory constitutional referendum
  • Equal political rights for men and women

2nd Constitution of 1970

King Hassan II published the constitution on July 9, 1970. It was directly submitted to a referendum (contrary to the provisions of the 1962 constitution) and was accepted by over 90% of the nearly 4.85 million voters.

Major innovations:

  • Consolidation of far-reaching powers of the king
  • The government is responsible to the king and parliament
  • One-chamber parliament
  • 90 of the 120 members of parliament are elected directly, the rest indirectly through professional representatives
  • MPs lose their immunity if they doubt Islam or the king
  • Constitutional amendments are only possible on the initiative of the king and require a referendum

3rd Constitution of 1972

This constitution, also drawn up by King Hassen II after an attempted coup, was published on February 17 and approved in a referendum on March 1, 1972 by over 90% of the electorate.

Major innovations:

  • The king's power is limited to decrees and the dissolution of parliament
  • The parliamentary term of office will be reduced from six to four years
  • Parliament can submit any law to a referendum, unless it is confirmed by a 2/3 majority in the second reading
  • Constitutional initiatives of the king can be presented directly to the people
  • Parliament can pass constitutional amendments with a 2/3 majority
  • Constitutional referendums remain mandatory
  • Extension of parliamentary competences and powers

Note: The constitution was revised in May 1980: the parliamentary mandate was again extended to six years.

4th Constitution of 1992

King Hassan II proposed a reform of the 1972 constitution to the people directly (Art. 98), which was approved in a referendum on September 4, 1992 by 97% of the 11.8 million eligible voters, and came into force on September 13 kicked.

Major innovations:

  • Parliament can set up investigative commissions
  • Parliament is no longer automatically dissolved in a state of emergency
  • Parliament can express mistrust to members of the government
  • Establishment of a constitutional council ( Conseil constitutionnel )
  • Establishment of an economic and social council ( Conseil èconomique et Social )

5th constitution of 1996

King Hassan II reacts to "the demands of the times" with a complete revision of the constitution. It was approved in a referendum on September 13, 1996 by 82% of the 12.35 million eligible voters.

Major innovations:

  • Introduction of a two-chamber parliament
  • Direct election of the Chamber of Representatives
  • Indirect election of the council chamber by professional and regional representatives and trade unions
  • The prime minister has to face parliamentary votes of confidence
  • Establishment of a constitutional court as the highest level of jurisdiction
  • Establishment of an audit office ( Cour des comptes )

Current constitution (from 2011)

Morocco Parliament logo

As a result of the Arab Spring , thousands of people demonstrated in Morocco on February 20, 2011 for political reform and more democracy. In response, King Mohammed VI resigned. on March 9, 2011 political reforms.

Three months later, a commission for amending the constitution presented the new draft, which was then submitted to the people in a referendum on July 1, 2011. It was accepted by 74% of the 13.45 million eligible voters and came into effect by decree on July 29, 2011.

Overview

The main points of the constitution are:

  • Constitutional hereditary monarchy
  • Islam as the state religion
  • Tamazight (Berber) as the second official language
  • Introduction of a catalog of fundamental rights
  • In addition to political and social equality for women
  • Improved separation of powers
  • The king is "inviolable" (no longer "holy")
  • The king is of legal age at the age of 18 (previously 16 years)
  • As the “leader of the faithful”, the king is the supreme religious authority in the state
  • The king is in command of the army
  • The king appoints and presides over a judicial councilor
  • The King chairs the High Security Council
  • The king appoints the majority of constitutional judges for life
  • The king can dissolve parliament
  • The prime minister must be chosen from the strongest parliamentary group
  • Two-chamber parliament (with direct election of the assembly of representatives)
  • The government is responsible to the king and the assembly of representatives
  • The king has the right to preside over government meetings
  • The Prime Minister can dissolve the Assembly of Representatives
  • The Prime Minister appoints civil servants
  • The government (instead of the king) decides on declarations of war
  • Constitutional referenda are compulsory
  • The king can submit constitutional amendments directly to the people

structure

  • preamble
  • Title I. - General Provisions. - Sections 1-18
  • Title II. - Fundamental Freedoms and Rights. - Sections 19-40
  • Title III. - About royalty. - Sections 41-59
  • Title IV. - On legislative power.
    • From the organization of Parliament. - Sections 60-69
    • From parliamentary power. - Sections 70-77
    • From the exercise of legislative power. - Sections 78-86
  • Title V. - On executive power. - Sections 87-94
  • Title VI. - The relationship between the powers.
    • The relationship between the king and the legislative power. - Sections 95-99
    • The relationship between legislative and executive power. - Sections 100-106
  • Title VII. - On judicial power.
    • The independence of the judiciary. - Sections 107-112
    • From the High Council of Judicial Power. - Sections 113-116
    • About the rights of lawyers, about the functional rules of the judiciary. - Sections 117-128
  • Title VIII. - On the Constitutional Court. - Sections 129-134
  • Title IX. - Via the regions and local authorities. - Sections 135-146
  • Title X. - About the Court of Auditors. - Sections 147-150
  • Title XI. - Through the Economic, Social and Environmental Council. - Sections 151-153
  • Title XII. - About good governance.
    • General principles. - Sections 154-160
    • Institutions for the protection and promotion of human rights. - Sections 161-164
    • Institutions for good governance and regulation. - Sections 165-167
    • Institutions for promoting human and sustainable development
      and democratic participation. - Sections 168-171
  • Title XIII. - About constitutional amendments. - Sections 172-175
  • Title XIV. - Transitional and final provisions. - Sections 176-180

Organic laws in the constitution

The constitution provides for the application of further organic laws ( French loi organique ) on the following topics to specify individual paragraphs :

  • § 5 - Establishment of Amazigh as the official language and a National Council of Moroccan Culture and Languages
  • § 7 - Political parties and party funding
    Organic Law 29-11 of October 22, 2011
    supplemented by Organic Law 33-15 of July 16, 2015
  • § 10 - Statute of rights of the parliamentary opposition (optional)
  • § 14 - The right to civil submissions to legislation
    Organic Law 64-14 of July 28, 2016
  • § 15 - The right to civil petitions
    Organic Law 44-14 of July 28, 2016
  • Section 29 - Right to Strike
  • Section 44 - Government Council
    Organic Law 90-15 of June 7, 2016
  • Section 49 - List of institutions and companies of strategic importance
    Organic Law 02-12 of July 17, 2012
    supplemented by Organic Law 12-14 of June 2, 2015
    supplemented by Organic Law 23-16 of August 10, 2016
  • § 62 - Organization of the Assembly of Representatives and the parliamentary elections
    Organic Law 27-11 of October 14, 2011
  • § 63 - Organization of the council meeting as well as its members and their election
    Organic Law 28-11 of November 21, 2011
    supplemented by Organic Law 32-15 of July 16, 2015 (organization)
    Organic Law 59-11 of November 21, 2011
    supplemented by Organic Law 34-15 of July 16, 2015 (elections)
  • Section 67 - Parliamentary Enquête Commissions
    Organic Law 085-13 of July 31, 2014
  • Section 75 - Conditions for financial legislation
    Organic Law 14-00 of April 19, 2000
    supplemented by Organic Law No. 130-13 of June 2, 2015
  • § 87 Organization and Statute of the Government
    Organic Law 065-13 of March 19, 2015
  • § 112 - Statute of jurisdiction
    Organic Law 106-13 of March 24, 2016
  • § 116 - Organization of the High Council of Justice
    Organic Law 100-13 of March 24, 2016
  • Sections 131, 133 - Organization of the Constitutional Court
    Organic Law 066-13 of August 13, 2014
  • § 146 - Regionalization and local authorities
    Organic Law 111-14 of 7 July 2015
    Organic Law 112-14 of 7 July 2015
    Organic Law 113-14 of 7 July 2015
  • § 153 - Organization of the Economic and Social Council
    Organic Law 128-12 of July 31, 2014

The organic laws on paragraphs 5 and 29 of the constitution were adopted by the Council of Ministers on September 26, 2016, but are still controversial and have not yet come into force.

Classification of the current constitution

The constitution of 2011 is generally seen as the logical continuation of a modern reform course of the Moroccan legal system, which is based on "stability through reform".

However, the main demand of the 2011 protest movement for the elimination of the king's political and religious power was not met. “In political practice, it has been shown that the king and the Makhzan center of power established around the king still have a political and economic influence that is not reflected in the constitution.” The decisive reforms towards a parliamentary-constitutional monarchy have not taken place .

It should also be noted that the consistent implementation of the constitutional provisions is proving extremely sluggish, and that the inability of political parties to set political lines and to survive political crises unscathed, strengthens the position of the king as an integral symbol of stability. How democratic this stability is still depends entirely on the king's center of power.

The analyzes by international media and NGOs are correspondingly cautious to critical.

See also

Web links

Individual evidence

  1. ↑ Zoompresse.com ( Arabic ) biography of Hajj Ali Zniber, 2012.
  2. ^ Draft constitution for Morocco from 1908 (French) "Digithèque MJP" of the University of Perpignan.
  3. ↑ Reda Zaireg: En 1908, un projet de Constitution garantissait aux Marocains droits de l'Homme, liberté d'expression, de culte et enseignement gratuit. In: Huffington Post Maroc. August 4, 2015, accessed March 13, 2015 (French).
  4. ↑ Anass Kihli: Le conseil constitutionnel et la continuité des services publics au Maroc. Introduction gérérale . [sic] (Master thesis 2011; Introduction, French)
  5. ^ Constitution of Morocco from 1962. (French) "Digithèque MJP" of the University of Perpignan
  6. ↑ sudd.ch: On the constitutional Morocco by 1962. In: database and search engine for direct democracy; by Beat Müller
  7. ^ Constitution of Morocco of 1970. (French) "Digithèque MJP" of the University of Perpignan
  8. ↑ sudd.ch: On the constitutional Morocco by 1970. In: database and search engine for direct democracy; by Beat Müller
  9. ^ Constitution of Morocco from 1972. (French) "Digithèque MJP" of the University of Perpignan
  10. ↑ sudd.ch: On the constitutional Morocco from 1972. In: database and search engine for direct democracy; by Beat Müller
  11. ^ Constitution of Morocco of 1992. (French) "Digithèque MJP" of the University of Perpignan
  12. ↑ sudd.ch: On the constitutional Morocco by 1992. In: database and search engine for direct democracy; by Beat Müller
  13. ^ Constitution of Morocco of 1996. (French) "Digithèque MJP" of the University of Perpignan
  14. ↑ sudd.ch: On the constitutional Morocco by 1996. In: database and search engine for direct democracy; by Beat Müller
  15. ↑ tagesschau.de, February 21, 2011 , archived on November 16, 2012.
  16. ^ Constitution of Morocco of 2011. (French) "Digithèque MJP" of the University of Perpignan
  17. ^ Constitution of Morocco of 2011. In: Bulletin officiel. # 5964bis, published July 30, 2011.
  18. ↑ sudd.ch: On the constitutional Morocco by 2011. In: database and search engine for direct democracy; by Beat Müller
  19. ↑ Organic Law 29-11 of October 22, 2011 (French)
  20. ↑ Organic Law 33-15 of July 16, 2015 (French)
  21. ↑ Organic Law 64-14 of July 28, 2016 (French)
  22. ↑ Organic Law 44-14 of July 28, 2016 (French)
  23. ↑ Organic Law 90-15 of June 7, 2016 (French)
  24. ↑ Organic Law 02-12 of July 17, 2012 (French)
  25. ↑ Organic Law 12-14 of June 2, 2015 (French)
  26. ^ Organic Law 23-16 of August 10, 2016 (French)
  27. ↑ Organic Law 27-11 of October 14, 2011 (French)
  28. ↑ Organic Law No. 28-11 of November 21, 2011 (French)
  29. ↑ Organic Law 32-15 of July 16, 2015 (French)
  30. ↑ Organic Law 59-11 of November 21, 2011 (French)
  31. ↑ Organic Law 34-15 of July 16, 2015 (French)
  32. ↑ Organic Law 085-13 of July 31, 2014 (French)
  33. ↑ Organic Law 14-00 of 19 April 2000 (French)
  34. ↑ Organic Law 130-13 of June 2, 2015 (French)
  35. ↑ Organic Law 065-13 of March 19, 2015 (French)
  36. ↑ Organic Law 106-13 on March 24, 2016 (French)
  37. ↑ Organic Law 100-13 of March 24, 2016 (French)
  38. ↑ Organic Law 066-13 of August 13, 2014 (French)
  39. ↑ Organic Law 111-14 of July 7, 2015 (French)
  40. ↑ Organic Law 112-14 of July 17, 2015 (French)
  41. ↑ Organic Law 113-14 of 7 July 2015 (French)
  42. ↑ Organic Law 128-12 of July 31, 2014 (French)
  43. ↑ Les lois organiques adoptées. , H24info.ma on September 27, 2016
  44. ↑ The official confirmation of the Amazigh in Medias24.com on January 14, 2019
  45. ↑ La gestion de l'argent des syndicats. In: La Vie Eco. dated February 14, 2017
  46. ^ Constitutional Reform and Constitutional Reality in Morocco. E. Zeino-Mahmalat for the Konrad-Adenauer-Stiftung (KAS); in February 2014
  47. ↑ The Moroccan Farce. In time online. dated July 2, 2011.
  48. ↑ Is democracy still a dream? In: Alsharq.de. from March 13, 2016