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Draft text of the Constitution
adopted at the Referendum of 1 July 2011
Dahir No. 1-11-82 of 14 rejeb 1432 (17 June 2011)
Submitting to referendum the Draft [projet] of the Constitution
Praise Be To Allah Alone!
(Great Seal of His Majesty Mohammad VI)
That it may by known from this — May Allah uphold it and fortify its wording!
Considering the Constitution, notably its Articles 103 and 105;
Considering Law No. 9-97 forming the Electoral Code promulgated by Dahir
No. 1-97-83 of 23 kaada 1417 (2 April 1997), notably its Articles 109 and 110;
After examination of the Draft of the Constitution by the Council of Ministers
meeting on 14 rejeb 1432 (17 June 2011),
Has Decided That Which Follows:
Article 1. – The Draft of the Constitution of which the text is annexed to this
Dahir, will be submitted to referendum on 28 rejeb 1432 (1 July 2011).
Art. 2 – The citizens [masculine] and the citizens [feminine] eligible to take part
in the referendum shall respond by “yes” or by “no” to the following question:
“Do you approve the Draft of the Constitution submitted to referendum?”
Art. 3 – This Dahir will be published in the Bulletin officiel [Official Gazette].
Done at Rabat, 14 rejeb 1432 (17 June 2011).
Draft of the Constitution
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.
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.
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.
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
– 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
– To consolidate relations of cooperation and of solidarity with the peoples and
the countries of Africa, notably the countries of the Sahel and of the Sahara;
–To intensify relations of cooperation, of rapprochement and of partnership with
neighboring Euro-Mediterranean countries ;
–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
–To reinforce South-South cooperation [coopération Sud-Sud];
–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;
–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;
–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
This Preamble is made [an]integral part of this Constitution.
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
fédératrices], 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, founded on an
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 [sincères] and regular suffrage.
Islam is the religion of the State, which guarantees to all the free exercise of
The emblem of the State is the red flag stamped in its center with a green star of
five points [branches].
The motto of the Kingdom is Dieu, La Patrie, Le Roi [God, the Country, the
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.
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.
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 Berber languages and of the
diverse Moroccan cultural expression, 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.
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 [généraliser], 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[,] is affirmed.
The law may not have retroactive effect.
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 is free, within respect for
the Constitution and for the law.
There may not be one sole party.
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.
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
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.
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
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
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
– 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
– the effective participation in the control of the governmental work, notably by
way of [à 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
– 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
– 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
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 or the
laws or additionally, by the internal regulations of each Chamber of the
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.
The law defines the conditions and the modalities of independent observation
and neutrality of the elections in accordance with the recognized international
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 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.
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.
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 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 link, notably cultural, with the Kingdom and the preservation of their
It sees to the reinforcement of their contribution to the development of their
homeland [patrie], Morocco, and to 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.
The Moroccans resident 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.
Fundamental Freedoms and Rights
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] and
of the laws of the Kingdom.
The State works for the realization of parity between men and women.
An Authority for parity and the struggle against all forms of discrimination is
created, to this effect.
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
The physical or moral integrity of anyone may not be infringed, in whatever
circumstance that may be and by any person that may be, public or private.
No one may inflict on others, under whatever pretext there may be, cruel,
inhuman, [or] degrading treatments or infringements of [their] dignity.
The practice of torture, under any of its forms and by anyone, is a crime
punishable by the law.
No one may be arrested, detained, prosecuted or condemned outside of the cases
and forms provided by the law.
Arbitrary or secret detention and forced disappearance are crimes of the greatest
gravity and expose their authors to the most severe punishments.
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.
The presumption of innocence and the right to an equitable process are
Any detained person enjoys the fundamental rights and humane conditions of
detention. He must benefit from programs of instruction and of reintegration[réinsertion].
All incitement to racism, to hatred and to violence is prohibited.
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.
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.
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.
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.
The freedoms of thought, of opinion and of expression under all their forms[,]
The freedoms of creation, of publication and of presentation [exposition] in
literary and artistic maters and of scientific and technical research[,] are
The public powers lend, by appropriate measures, their support to the
development of cultural and artistic creation, and of scientific and technical
research, and 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.
The citizens [feminine] and citizens [masculine] have the right of access to
information held by the pubic administration, the elected institutions and the
organs 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, as well as the private life of persons, of
preventing infringement to the fundamental freedoms and rights enounced in
this Constitution and of protecting the sources and domains determined with
specificity by the law.
The freedom of the press is guaranteed and may not be limited by any form of
All have the right to express and to disseminate freely and within the sole limits
expressly provided by the law, information, ideas and opinion.
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.
In accordance with the provisions of Article 165 of this Constitution, the High
Authority of Broadcasting [Haute autorité de la communication audiovisuelle]
sees to respect for this pluralism.
The freedoms of reunion, of assembly, of peaceful demonstration, of association
and of syndical and political membership [appartenance], are guaranteed.
The right to strike is guaranteed. An organic law establishes the conditions and
the modalities of its exercise.
All the citizens [feminine] and citizens [masculine] of majority, enjoying their
civil and political rights[,] are electors and eligible. The law provides [prévoit]
the provisions of [a] nature encouraging the equal access of women and men to
The vote is a personal right and a national duty.
Foreigners 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
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 citizens [masculine] to conditions that
permit their enjoyment of the right:
– to healthcare;
– 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;
– to professional instruction and to physical and artistic education;
– to decent housing;
– to work and to the support of the public powers in matters of searching for
employment or of self-employment;
– to access to public functions according to the merits;
– to the access to water and to a healthy environment;
– to lasting [durable] development.
The family, founded on the legal bonds of marriage, is the basic unit [cellule] of
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.
It assures one equal juridical protection and one equal social and moral
consideration to all children, [being the] abstraction made from their familial
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
– stimulate and make general the participation of youth in the social, economic,
cultural and political life of the country;
– 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
– 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.
The public powers enact [élaborent] and implement the policies designed[destinées] for persons and for categories of specific needs. To this effect, it sees
– to respond to [traiter] and provide for the vulnerability of certain categories of
women and of mothers, of children, and of elderly persons;
– to rehabilitate and integrate into social and civil life the physically sensorymotor [sensorimoteurs] and mentally handicapped and to facilitate their
enjoyment of the rights and freedoms recognized to all.
The right to property is guaranteed.
The law can limit the extent 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.
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 generations of the future.
The State looks to guarantee the equality of opportunities for all and [to] one
specific protection for the socially disfavored categories.
The infractions relative to conflicts of interest, to insider crimes [délits d'initié]
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], [and] from transfers [passation] and from the management of public
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.
A National Instance of Probity, of Prevention for the struggle against Corruption[Instance nationale de la probité, de la prévention de la lutte contre la
corruption], is created.
All the citizens [feminine] and 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.
All the citizens [feminine] and citizens [masculine] contribute to the defense of
the Country and of its territorial integrity against an aggression or threat[menace].
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 [répartir].
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.
Of the Royalty
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 Ulemas [Conseil supérieur des
Oulémas], charged with the study of questions that He submits to it.
The Council is the sole instance enabled [habilitée] 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.
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.
The Crown of Morocco and its constitutional rights are hereditary and are
transmitted from father to son through male descendents 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 descendents in direct line, the
succession to the Throne is devolved in the closest male collateral line and in the
The King is a minor until reaching eighteen years [of age]. During the minority
of the King, a Council of the Regency [Conseil de Régence] 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[Président-délégué du Conseil Supérieur du Pouvoir Judiciare], of the Secretary
General of the Superior Council of the Ulemas and of six prominent persons[personnalités] appointed by the King intuitu personae.
The rules of functioning of the Council of the Regency are established by an
The King disposes [disposes] of a civil list.
The person of the King is inviolable, and respect is due Him.
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
The King can, on His initiative, and after consultation with the Head of
Government, terminate the functions of one or more members of the
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
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.
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 [déterminé] agenda, delegate to the
Head of Government the presidency of a Council of Ministers.
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 declaration of war;
– 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 Al-Maghrib, ambassador, wali and governor, 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 [précise] the list of these strategic establishments and enterprises.
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.
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.
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
The King is the Supreme Head of the Royal Armed Forces. He appoints to the
military offices [emplois] and can delegate this right.
A Superior Council of Security [Conseil supérieur de sécurité] 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, which
sees to [the] equality of the institutionalization of the norms of a good security
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
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 [chargés] 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.
The King accredits the ambassadors to foreign powers and to the international
organizations. The ambassadors and the representatives of the international
organizations 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 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 a
international commitment contains [comporte] a provision contrary to the
Constitution, its ratification may only intervene after the revision of the
The King presides over the Superior Council of the Judicial Power.
The King approves by Dahir the appointment of the magistrates by the Superior
Council of the Judicial Power.
The King exercises the right of pardon.
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 [habilité] to take the measures that the defense of the territorial
integrity impose and to return, in the least time, to the normal functioning of the
The Parliament may not be dissolved during the exercise of exceptional powers.
The fundamental rights and freedoms provided by this Constitution remain
The state of exception is terminated in the same forms as its proclamation, once
the conditions which have justified it do not exist.
Of the Legislative Power
Of the Organization of the Parliament
The Parliament is composed of two Chambers, the Chamber of Representatives
and the Chamber of Councilors. Their members hold their mandate from the
Nation. Their right to vote is personal and may not be delegated.
The opposition is an essential component of both Chambers. It participates in
the functions of legislation and of control such as [they are] provided for,
notably within this Title.
Any member of one of both Chambers who renounces his political affiliation[appartenance] in the name of which he was presented [as a] candidate at the
elections[,] or to the parliamentary group to which he is affiliated, is discharged
from his mandate.
The Constitutional Court, referred to [the matter] by the president of the
Chamber concerned, declares the vacancy of the seat and this, in accordance
with the provision of the internal regulations of the Chamber concerned, which
establishes equally the time periods and the procedure of referring the
Constitutional Court to [the matter].
The members of the Chamber of Representatives are elected for five years by
universal direct suffrage. The legislature concludes on the opening of the session
of October of the fifth year that follows the election of the Chamber.
The number of representatives, the electoral regime, the principles of electoral
division, the conditions of eligibility, the case of incompatibilities, the rules of
limitation of accumulation of mandates and the organization of electoral
disputes, are established by an organic law.
The President and the members of the Bureau of the Chamber of
Representatives, as well as the presidents of the Permanent Commissions and
their bureaus, are elected at the beginning of the legislature, [and] again in the
third year at the time of the session of April and for the time remaining to cover
The election of the members of the Bureau takes place with the proportional
representation of the groups.
The Chamber of Councilors is composed of a minimum of 90 members and of a
maximum of 120, elected by indirect universal suffrage for six years, according
to the following division:
– three-fifths of the members represent the local collectivities. This component[effectif] is divided between the regions of the Kingdom in proportion to their
respective populations and in observance of equity between the territories. The
third reserved to the region is elected at the level of each region by the Regional
Council [Conseil régional] from among its members. The two-thirds remaining
are elected by an electoral college at the level of the region by the members of
the communal, provincial and prefectural councils;
– two-fifths of the members elected in each region by the electoral colleges
composed of those elected to the Professional Chambers [Chambers
professionnelles] and of the most representative professional organizations of
employers, and of the elected members to the national echelon by an electoral
college composed of the representatives of the salaried [workers].
The number of the members of the Chamber of Councilors and their electoral
regime, the number of them to be elected by each of the electoral colleges, the
division of seats per region, the conditions of eligibility and the case of
incompatibilities, the rules of limitation of accumulation of mandates and the
organization of electoral disputes, are established by an organic law.
The President of the Chamber of Councilors and the members of its Bureau as
well as the presidents of the Permanent Commissions and their bureaus, are
elected at the beginning of the legislature, [and] again at the time of half of the
The election of the members of the Bureau takes place with the proportional
representation of the groups.
No member of the Parliament may be prosecuted or investigated, arrested,
detained or judged on the occasion of an opinion or of a vote emitted by him in
the exercise of his functions, except in case where the opinion expressed
challenges the monarchic form of the State, the Muslim religion or constitutes
an infringement of the due respect for the King.
The Parliament sits during two sessions per year. The King presides over the
opening of the first session which commences on the second Thursday of
October. The second session is opened on the second Thursday of April.
When the Parliament has sat four months at least, in the course of each session,
cloture can be pronounced by decree.
The Parliament can meet in extraordinary session, either by decree, or at the
demand of one-third of the members of the Chamber of Representatives or of
the majority of those of the Chamber of Councilors.
The extraordinary sessions of the Parliament are held on the basis of a specific
agenda. When this latter is exhausted, the session is closed by decree.
The ministers have access to each Chamber and to their commissions. They may
be assisted by the commissioners designated by them.
Other than the Permanent Commissions mentioned in the preceding paragraph,
commissions of inquiry may be created[,] at the initiative of the King or at the
demand of one-third of the members of the Chamber of Representatives, or of
one-third of the members of the Chamber of Councilors, from among each of the
two Chambers, formed to collect elements of information on specific matters[faits] or on the management of public services, enterprises and establishments,
and to submit their conclusions to the Chamber concerned.
Commissions of Inquiry may not be created when the matters have given rise to
judicial prosecutions and as long as these prosecutions are underway [en cours].
If a commission has already been created, its mission terminates on the opening
of a judicial inquiry [information] concerning the matters which motivated its
The commissions of inquiry have a temporary character. Their mission
terminates by the deposit of their report to the Bureau of the Chamber concerned
and, the case arising, by the referral of [the matter] to justice by the President of
the said Chamber.
A public sitting is reserved by the Chamber concerned for the discussion of the
reports of the commissions of inquiry.
An organic law establishes the modalities of functioning of these commissions.
The sittings of the Chambers of the Parliament are public. The complete record
of the debates is published in the Bulletin officiel of the Parliament.
Each Chamber can sit in secret committee, at the demand of the Head of
Government or of one-third of its members.
The meetings of the Commissions of the Parliament are secret. The internal
regulations of both Chambers of the Parliament establish the cases and the rules
permitting public sittings of the Commissions to be held.
The Parliament holds joint [communes] sittings of both Chambers, in particular
in the following cases:
– the opening by the King of the parliamentary session, the second Thursday of
the month of October, and the address of Royal Messages destined to the
– the adoption of the revision of the Constitution in accordance with the
provisions of Article 174;
– the declarations of the Head of Government;
– the presentation of the bill of the law of finance of the year;
– the speeches [discourse] of the foreign Heads of State and of Government.
The Head of Government can equally demand[,] of the President of the
Chamber of Representatives and of the President of the Chamber of
Councilors[,] to hold joint meetings of both Chambers, for the presentation of
information bearing on the matters which possess an important national
The joint meetings are held under the presidency of the President of the
Chamber of Representatives. The internal regulations of both Chambers
determine the modalities of the rules of the holding of these meetings.
Other than the common sittings, the Permanent Commissions of the Parliament
may hold joint meetings to hear information bearing on the matters which
possess an important national character and this, in accordance with the rules
established by the internal regulations of both Chambers.
Each Chamber establishes and votes its internal regulations. However, they may
not be implemented until after having been declared by the Constitutional Court[as] conforming to the provisions of this Constitution.
Both Chambers of the Parliament are held to take into consideration, during the
drafting of their respective internal regulations, the imperatives of their
harmonization and their complementariness, in a manner to guarantee the
efficiency of their parliamentary work.
The internal regulations establish notably:
– the rules of affiliation, of composition and of functioning concerning the
parliamentary groups [groupes] and sub-groups [groupements] and the specific
rights recognized to opposition groups;
–the obligations of effective participation of the members in the work of the
commissions and of the plenary sittings, and including the sanctions applicable
to [their] absences;
– the number, the attributions and the organization of the Permanent
Commissions, of reserving of the presidency of one or two of these commissions
to the opposition, under reserve of the provisions of Article 10 of this
Of the Powers of the Parliament
The Parliament exercises the legislative power.
It votes the laws, controls the action of the government and evaluates the public
An enabling law [loi d'habilitation] may authorize the government, for a limited
time and in view of a specific objective, to take by decree the measures which
are normally of the domain of the law. The decrees enter into force on their
publication, but they must be submitted, in the term of time established by the
enabling law, to the ratification of the Parliament. The law enabling law
becomes lapsed in the case of the dissolution of the two Chambers of Parliament
or of one among them.
Article 71[The following] are of the domain of the law, other than the matters that are
expressly devolved on it by other Articles of the Constitution:
– the fundamental freedoms and rights provided for by the Preamble and the
other Articles of this Constitution;
– the statute of the family and the civil estate;
– the principles and rules of the health system;
– the regime of the broadcast media and of the press[,] in all their forms;
– nationality and the status [condition] of foreigners;
– the determination of infractions and the penalties which are applicable to
– the judicial organization and the creation of new categories of jurisdictions;
– the civil procedure and the criminal procedure;
– the penitentiary regime;
– the general statute of the public function;
– the fundamental guarantees accorded to the civil and military functionaries;
–the statute of the services and forces of maintenance of order;
– the regime of the territorial collectivities and the principles of delimitation of
their territorial resort [ressort];
– the electroal regime of the territorial collectivities and the principles of
dividing of the electoral circumscriptions;
– the fiscal regime and the basis [assiette], tax and the modalities of collection
– the juridical regime of the issuance of the currency and the statute of the
– the customs [douanes] regime;
– the regime of civil and commercial obligations, the law of societies and
– real rights and the regimes of public, private and collective real public
– the transport regime;
– the relations of work, of social security, work [related] accidents and
vocational [professionnelle] [related] illnesses;
– the regime of banks, of insurance companies and of mutual [insurance];
– the regime of the technologies of information and of communication;
– urbanism and land management [aménagement du territoire];
– the rules relative to the management of the environment, to the protection of
the natural resources and to lasting development;
– the regime of waters and forests and of fishing;
– the determination of the orientations and the general organization of teaching,
of scientific research and of vocational [professionnelle] instruction;
– the creation of public establishments and of all other moral persons of public
– the nationalization of enterprises and the regime of privatizations;
Other than the matters specified in the preceding paragraph, the Parliament is
enabled to vote the framework laws [lois-cadres] concerning the fundamental
objectives of the economic, social, environmental and cultural activity of the
The matters other than those which are of the domain of the law belong to the
The texts taken in legislative form may be modified by decree, after the
conforming opinion of the Constitutional Court, when they would intervene in a
domain devolved to the exercise of the regulatory power.
The state of siege can be declared, by Dahir countersigned by the Head of
Government, for a time of thirty days. This time may only be extended by the
The Parliament votes the law of finance, deposited by priority before the
Chamber of Representatives, within the conditions provided for by an organic
law. This determines the nature of the information, documents and data[données] necessary to enrich the parliamentary debates on the bill of the law of
The parliament votes one sole time [on] the expenditures of investment
necessary, within the domain of development, for the realization of the plans of
strategic development and of multi-annual programs, established by the
government[,] which informs the Parliament of it. The expenditures so approved
are automatically applied [reconduites] for the duration [pendant la durée] of
these plans and programs. Only the government is enabled to deposit the bills of
law intended to modify the expenditures approved within the aforementioned
If, at the end of the budgetary year, the law of finance is not voted or is not
promulgated because of its submission to the Constitutional Court in application
of Article 132 of this Constitution, the government opens, by decree, the credits
necessary for the provision [marche] of the public services and for the exercise
of their mission, as a function of the budgetary proposals submitted for approval.
In this case, the receipts continue to be collected in accordance with the
legislative and regulatory provisions in force concerning them with the
exception, however, of the receipts of which the suppression is proposed in the
bill of the law of finance. As for those for which the said bill specifies a
diminishment of tax, they will collect the new tax proposed.
The government submits annually to the Parliament a law of regulation of the
law of finance[,] in the course of the second fiscal year [exercise] which follows
that of the execution of said law of finance. This law includes the balance-sheet[bilan] of the budgets of investments of which the term is ending [arrivée à
The Parliament and the government see to the preservation of the balance of the
finances of the State.
The government may oppose, in substantiated manner, the receivability[irrecevabilité] of any proposal or amendment formulated by the members of
Parliament when their adoption could have as a consequence, in relation to the
law of finance, either a diminishment of the public resources, or the creation or
aggravation of the public expenditures [charges].
Of the Exercise of Legislative Power
The initiative of law belongs concurrently to the Head of Government and to the
members of the Parliament.
The bills of law are deposited in priority with the Bureau of the Chamber of
Representatives. However, the bills of law particularly relative to the Territorial
Collectivities, to regional development and to social affairs are deposited in
priority with the Bureau of the Chamber of Councilors.
The government may oppose the receivability of any proposal of amendment
which is not of the domain of the law.
In case of disagreement, the Constitutional Court decides, within a time of eight
days, at the demand of the President of one or the other Chamber of the
Parliament or of the Head of Government.
The bills and proposals of law are submitted for examination to the commissions
of which [such] activity is pursued between the sessions.
The government can adopt [prendre], in the interval of the sessions, with the
agreement of the commissions concerned of the two Chambers, decree-laws
which must be, in the course of the following ordinary session of the Parliament,
submitted to the ratification of it.
The bill of decree-law is deposited with the Bureau of the Chamber of
Representatives. It is examined successively by the concerned commissions of
the two Chambers with a view to reaching a common decision within a time of
six days. In default [of this], the decision is taken by the commission concerned
of the Chamber of Representatives.
The agenda of each Chamber is established by its Bureau. It includes the bills[projets] of law and the proposals [propositions] of law, by priority, and in the
order that the government has established.
One day per month at least is reserved for the examination of the proposals of
law of which are [of] the opposition.
The members of each Chamber of the Parliament and the government have the
right of amendment. After the opening of the debate, the government can oppose
the examination of any amendment which has not been previously submitted to
the interested commission.
If the government demands it, the Chamber referred to a text for discussion,
decides by one sole vote on all or part of it, only retaining in it the amendments
proposed or accepted by the government. The concerned Chamber can oppose
this procedure with the majority of its members.
Any bill or proposal of law is examined successively by the two Chambers of
the Parliament to reach the adoption of an identical text. The Chamber of
Representatives deliberates first on the bills of law and on the proposals of law
initiated by its members; the Chamber of Councilors deliberates first on the
proposals of law initiated by its members. One Chamber referred to a text voted
by the other Chamber, deliberates on the text which has been transmitted to it.
The Chamber of Representatives adopts in last resort the text examined. The
vote may only take place with the absolute majority of the members present,
whenever it deals with a text concerning the territorial collectivities and the
domains related to [afférents] regional development and to social affairs.
The bills and proposals of organic law are only submitted to deliberation by the
Chamber of Representatives at the end of a time of ten days after their deposit
with the Bureau of the Chamber and following the same procedure specified in
Article 84. They are definitively adopted with the majority of the members
present of said Chamber [Conseil]. Nevertheless, when it deals with a bill or
proposal of organic law relative to the Chamber of Councilors, or concerns the
territorial collectivities, the vote takes place with the majority of the members of
The organic laws relative to the Chamber of Councilors must be voted in the
same terms by both Chambers of the Parliament.
The organic laws may only be promulgated after the Constitutional Court has
decided on their conformity with the Constitution.
The bills of organic laws provided for by this Constitution must have been
submitted for approval to the Parliament within a time not exceeding the
duration of the first legislature following the promulgation of said Constitution.
Of the Executive Power
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 [expédition] of current affairs, by the
government of which the functions have been terminated.
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 [dégager] 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
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].
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.
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.
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
– the public policies;
– the sectoral policies;
– the engagement of the responsibility of the government before the Chamber of
– 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 decree-laws;
– the drafts [projets] of regulatory decrees;
– the bills of decrees specified in Articles 65 (2nd paragraph), 66 and 70 (3rd
paragraph) of this Constitution;
– the international conventions before their submission to the Council of
– 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 the principles and criteria of
appointment to these functions, notably those of equality of opportunities, of
merit, or competence and of transparency.
The Head of Government informs the King of the conclusions of the
deliberations of the Council of Government.
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.
Of the Relations between the Powers
Of the Relations between the King and the Legislative Power
The King can demand of the two Chambers of Parliament that they must
proceed to a new reading of any bill or proposal of law.
The demand of a new reading is formulated by message. This new reading may
not be refused.
The King can, after having consulted the President of the Constitutional Court
and informed the Head of Government, the President of the Chamber of
Representatives and the President of the Chamber of Councilors, dissolve by
Dahir, the two Chambers or one of them only.
The dissolution takes place after [a] message addressed by the King to the
The election of the new Parliament or of the new Chamber intervenes two
months, at most, after the dissolution.
When one Chamber is dissolved, that which succeeds it may only be [dissolved]
one year after its election, except if no governmental majority can be established[dégage] from within the Chamber of Representatives newly elected.
The declaration of war, decided in the Council of Ministers, in accordance with
Article 49 of this Constitution, takes place after communication made by the
King to Parliament.
Of the Relations between the Legislative and Executive Powers
One sitting per week is reserved in each Chamber by priority to the questions of
the members of it and to the responses of the government.
The government must give its response within the twenty days following the
date on which it was referred to [the matter] of the question.
The responses to the questions of general policy are given by the Head of
Government. One sitting per month is reserved to these questions and the
responses and related replies [afférents] are presented before the Chamber
concerned within the thirty days following the date of their transmission to the
Head of Government.
The Head of Government presents before the Parliament an accounting [bilan]
of the governmental action, at his initiative or at the demand of one-third of the
members of the Camber of Representatives or of the majority of the Chamber of
One annual sitting is reserved by the Parliament to the discussion and evaluation
of the public policies.
The commissions concerned within each of the two Chambers can demand to
hear the responsible [persons] of the administrations and of the public
establishments and enterprises, in the presence of and under the responsibility of
the ministers concerned.
The Head of Government can engage the responsibility of the government
before the Chamber of Representatives, on a declaration of public policy or on
the vote of a text.
The confidence can only be refused or the text rejected with the absolute
majority of the members composing the Chamber of Representatives.
The vote may only intervene three working days after the question of confidence
has been posed.
The refusal of confidence results in the collective resignation of the government.
The Head of Government can dissolve the Chamber of Representatives, by
decree taken in the Council of Ministers, after having consulted the King, the
President of that Chamber and the President of the Constitutional Court.
The Head of Government presents before the Chamber of Representatives a
declaration concerning[,] notably[,] the reasons for and the objectives [buts] of
The Chamber of Representatives can engage [mettre en cause] the responsibility
of the government by the vote of a motion of censure. This is only receivable if
it is signed by one-fifth at least of the members composing the Chamber.
The motion of censure is only approved by the Chamber of Representatives by a
vote taken with the absolute majority of the members that compose it.
The vote may only intervene three working days after the deposit of the motion.
The vote of censure results in the collective resignation of the government.
When the government is censured by the Chamber of representatives, no motion
of censure by this Chamber is receivable during a time of one year.
The Chamber of Councilors can interpellate the government by means of a
motion signed by one-fifth at least of its members. It can only be voted, three
working days after its deposit, by the absolute majority of the members of this
The text of the motion of interpellation is immediately addressed by the
President of the Chamber of Councilors to the Head of Government who is
provided with a time of six days to present before this Chamber the response of
the government. This is followed by a debate without vote.
Of the Judicial Power
Of the Independence of Justice
The judicial power is independent of the legislative power and of the executive
The King is the guarantor of the independence of the judicial power.
The presiding magistrates [du siège] are irremovable.
Any intervention in the matters submitted to justice is forbidden. In his judicial
function, the judge may not receive injunction or instruction, nor be submitted to
any pressure whatever.
Each time that he considers that his independence is threatened, the judge must
refer [the matter] to the Superior Council of the Judicial Power [Conseil
Supérieur du pouvoir judiciare].
Any breach [manquement] on the part of the judge of his duties of independence
and of impartiality, constitutes a grave professional fault, without prejudice to
eventual judicial consequences.
The law sanctions any person who attempts to influence the judge in an illicit
The presiding magistrates are only subject to the application of the law alone.
The decisions of justice are rendered on the basis of the impartial application of
the law alone.
The prosecuting magistrates [du parquet] are held to the application of the law
and must conform to written instructions, conforming to the law, emanating
from the hierarchic authority.
The magistrates enjoy the freedom of expression, in compatibility with their
right of reserve of the judicial ethic.
They may belong [adhérer] to associations or create professional associations,
within respect for the duties of impartiality and of independence and within the
conditions provided for by the law.
They may not belong to political parties or to trade-union organizations.
The statute of the magistrates is established by an organic law.
Of the Superior Council of the Judicial Power
The Superior Council of the Judicial Power sees to the application of the
guarantees accorded to the magistrates, notably concerning their independence,
their appointment, their advancement, their retirement and their discipline.
On its initiative, it drafts the reports on the state of justice and of the judicial
system, and presents appropriate recommendations in the matter.
At the demand of the King, of the Government or of the Parliament, the Council
emits its substantiated [circonstanciés] opinion on any question relating to
justice, under reserve of the principle of the separation of powers.
The individual decisions of the Superior Council of the Judicial Power are
susceptible to recourse for excess of power before the highest administrative
jurisdiction of the Kingdom.
The Superior Council of the Judicial Power is presided over by the King. It is
– of the President of the Court of Cassation in the status of President-Delegate[Président-délégué];
– of the Procurator General of the King before the Court of Cassation;
– of the President of the First Chamber of the Court of Cassation;
– of 4 representatives elected, from among them, by the magistrates of the courts
– of 6 representatives elected, from among them, by the magistrates of the
jurisdictions of first instance [degré];
- 30 -
one representation of women magistrates must be assured, from among the ten
members elected, in proportion to their presence in the corps of the magistrature;
– of the Mediator;
– of the President of the National Council of the Rights of Man [Conseil
national des droits de l'Homme];
– of 5 notable persons [personnalitiés] appointed by the King, recognized for
their competence, their impartiality and their probity, as well as for their
distinguished contribution [apport] in favor of the independence of justice and
of the primacy of the law, of which one member is proposed by the Secretary
General of the Superior Council of the Ulemas.
The Superior Council of the Judicial Power holds at least two sessions per year.
It is provided with [dispose] administrative and financial autonomy.
In disciplinary matters, the Superior Council of the Judicial Power is assisted by
the experienced magistrate-inspectors [magistrats-inspecteurs].
The election, the organization and the functioning of the Superior Council of the
Judicial Power, as well as the criteria relative to the management of the career of
the magistrates and the rules of the disciplinary procedure are established by an
In the matters concerning the prosecuting magistrates, the Superior Council of
the Judicial Power takes into consideration the reports of evaluation established
by the hierarchic authority having relevance to them.
Of the Rights of the Persons amenable to Justice [Justiciables],
of the Rules of Functioning of Justice
The judge is in charge of the protection of the rights and freedoms and of the
judicial security of the persons and of the groups, as well as of the application of
Access to justice is guaranteed to every person for the defense of their rights and
of their interests protected by the law.
Any juridical act, of regulatory or individual nature, taken in administrative
matters, may be made the object of recourse before the competent administrative
Any defendant or accused is presumed innocent until his condemnation by
decision of justice having acquired the force of res judicata [force de chose
Every person has the right to an equitable process and to a judgment rendered in
a reasonable time.
The rights to defense are guaranteed before all the jurisdictions.
In the case where the law provides for it, justice is gratuitous for those who
cannot dispose of resources sufficient to plead [ester] in justice.
The damages caused by a judicial error create [ouvrent] right to a reparation at
the expense [charge] of the State.
The hearings are public, except when the law provides otherwise.
The judgments are rendered and executed in the name of the King and by virtue
of the law.
Each judgment is substantiated [motivé] and pronounced in public hearing
within the conditions provided for by the law.
The definitive judgments are imposed on all.
The public authorities must give [apporter] the necessary assistance when this is
required during the process. They are equally held to give [prêter] their
assistance to the execution of the judgments.
The ordinary or specialized jurisdictions are created by the law.
Jurisdictions of exception may not be created.
The judicial police act under the authority of the public ministry and of the
examining judges [juges d'instruction] in all which concerns the inquiries and
the investigations necessary to research the infractions, to the arrest of the
delinquents and for the establishment of the truth.
Of the Constitutional Court
A Constitutional Court is instituted.
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 Ulemas, 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
If the two Chambers of Parliament or one of them do not elect the members
specified within the 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.
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[empêchés], [who] have resigned, or [who] have died in the course of the
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 may be deferred to the Constitutional Court before
their promulgation or their ratification, 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 one-fourth [of the] 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 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.
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
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 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
Of the Regions and of the Other Territorial Collectivities
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[gèrent] their affairs.
The Councils of the regions and of the communes are elected by direct universal
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
The territorial organization of the Kingdom 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.
The regions and the other territorial collectivities participate in the
implementation of the general policy of the State and in the enactment[élaboration] of the territorial policies through their representatives in the
Chamber of Councilors.
The presidents of the regional Councils and the presidents of the other territorial
collectivities execute the deliberations and decisions of these Councils.
The participative mechanisms of dialog and of acting in concert [concertation]
are implemented by the Councils of the regions 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.
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 and competences and within their territorial resort, [with] a
regulatory power for the exercise of their attributions.
The regions and the other territorial collectivities dispose of their own financial
resources and of financial resources allocated [affectées] 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.
A fund of social improvement [fonds de mise à niveau sociale] allocated for the
absorption [résorption] 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 solidarité interrégionale] in
consideration of an equitable division of resources, with a view to reduce the
disparities between the regions, is created.
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 initiative [impulsion] of the President of the regional Council, a
preeminent role for good relations [rapport] with the other territorial
collectivities, within respect for their own competences and those following.
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.
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
The walis and governors assist the presidents of the territorial collectivities
and[,] notably[,] the presidents of the regional Councils 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
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 cumulation of mandates, as well as the electoral regime and the
provisions designed [visant] to assure the better participation of women within
– the conditions of execution of the deliberations and of the decisions of the
regional Councils and of the other territorial collectivities, 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
– [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 funds of social
improvement and 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
– 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.
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
The Court of Accounts has for its mission 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 [apprécie] 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.
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
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 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 the public
The composition, the organization, the attributions and the modalities of the
functioning of the Court of Accounts and of the regional courts of accounts are
established by the law.
Of the Economic, Social and Environmental Council
An Economic, Social and Environmental Council is instituted.
The Economic, Social and Environmental Council may be consulted by the
government, by the Chamber of Representatives and by the Chamber of
Councilors on all the questions of economic, social or environmental character.
It gives its opinion on the general orientations of the national economy and of
The composition, the organization, the attributions and the modalities of the
functioning of the Economic, Social and Environmental Council are established
by an organic law.
Of Good Governance
The public services are organized on the basis of equal access of the citizens[feminine] and the citizens [masculine], of equitable covering of the national
territory and of continuity of performance [prestations].
They are submitted to the norms of quality, of transparency, of the rendering of
accounts and of responsibility, and are governed by the democratic principles
and values consecrated by the Constitution.
The agents of the public services exercise their functions following the
principles of respect for the law, for neutrality, for transparency, for probity and
for [the] general interest.
The public services listen to [sont à l'écoute] their users and assure attention to[suivi] their observations, proposals and grievances.
They render account of the management of the public monies in accordance with
the legislation in force and are submitted, in this regard, to the obligations of
control and of evaluation.
A charter of the public services establishes the whole [l'ensemble] of the rules of
good governance relative to the functioning of the public administrations, of the
regions and of the other territorial collectivities and of the public organs[organismes].
Any person, elected or appointed, exercising a public office [charge] must
establish, in accordance with the modalities established by the law, a written
declaration of assets and credits [actifs] held by them, directly or indirectly,
from the commencement [prise] of [their] functions, in the course of service[activité] and at the cessation of it.
The instances in charge of good governance are independent. They benefit from
the support of the organs of the State. The law can, if necessary, create other
instances of regulation and of good governance, in addition to those specified
All of the institutions and instances specified in Articles 161 to 170 of this
Constitution must present a report on their activities, at least one time per year.
These reports are presented to the Parliament and are made the object of debate.
The Institutions and Instances of Protection of Rights and Freedoms,
of Good Governance, of Human and Lasting Development
and of Participative Democracy
The Instances of the Protection of the Rights of Man
The National Council of the Rights of Man [Conseil nationale des droits de
l'Homme] is a pluralist and independent national institution, charged with taking
cognizance of the questions relative to the defense and to the protection of the
Rights of Man and of the freedoms, to the guarantee of their full exercise and of
their promotion, as well as the preservation of the dignity, of the individual and
collective freedoms of the citizens [feminine] and the citizens [masculine], and
this, with strict respect for the national and universal referents [référentiels] in
The Mediator [Le Médiateur] is a independent and specialized national
institution which has for its mission, within the framework of the relations
between the administration and the users, to defend the rights, to contribute to
reinforcing the primacy of the law and to disseminate [diffuser] the principles of
justice and of equity, and the values of moral behavior [moralisation] and of
transparency in the managing of the administrations, of the public
establishments, of the territorial collectivities and of the organs [organismes]
endowed with prerogatives of public authority [puissance].
The Council of the Moroccan Community Abroad [Conseil de la communauté
marocaine à l'étranger] is charged[,] notably[,] to give its opinion on the
orientations of public policies permitting assurance to the Moroccans resident
abroad [of] the maintenance of close ties [liens étoits] with their Moroccan
identity, to guarantee their rights, to preserve their interests, [so as] to contribute
to the human and lasting development of their country of origin and to its
The authority charged with parity and with the struggle against all forms of
discrimination, created by virtue of Article 19 of this Constitution, sees[,]
notably[,] to the respect for the rights and freedoms specified in said Article,
under reserve of the attributions devolved to the National Council of the Rights
The Instances of Good Governance and of Regulation
The High Authority of Broadcasting [Haute autorité de la communication
audiovisuelle] is charged to see to the respect for pluralist expression of the
currents of opinion and of thought and of the right to information, within the
domain of broadcasting and this, within respect for the fundamental values of
civilization and for the laws of the Kingdom.
The Council of Competition [Conseil de la concurrence] is an independent
institution charged, within the framework of the organization of free and fair
competition, to assure the transparency and the equality of economic relations,
notably through the analysis and the regulation of the competition in the
markets, the control of anti-competitive practices, and unfair commercial
practices and of the operations of economic concentration and of monopoly.
The National Instance of Probity, of the Prevention and of the Struggle Against
Corruption [Instance nationale de probité, de la prévention et de la lutte contre
la corruption], created by virtue of Article 36, has for its mission[,] notably[,] to
coordinate, to supervise and to assure the following [suivi] of the
implementation of the policies of prevention and of the struggle against
corruption, to receive and to disseminate information in this domain, to
contribute to the moral behavior of public life and to consolidate the principles
of good governance, the culture of public service and the values of responsible
Instances of Promotion of Human and Lasting Development
and of Participative Democracy
A Superior Council of Education, of Attainment of Knowledge and of Scientific
Research [Conseil supérieur de l'éducation, de la formation et de la recherche
scientifique] is created.
This Council constitutes a consultative instance charged to give its opinion on
all the public policies and on all the questions of national interest concerning
education, teaching and scientific research, as well as on the objectives and the
functioning of the public services responsible [chargés] in these domains. It
contributes equally to the evaluation of the public policies and programs
operating [menés] in these domains.
The Consultative Council of the Family and of Childhood [Conseil consultatif
de la famille et de l'enfance], crated by virtue of Article 31 of this Constitution,
has for its mission to assure the following of the situation of the family and of
childhood, giving its opinion on the national plans relative to these domains, of
animating the public debate on family policy and to assure the attention to[suivi] the realization of national programs, initiated by the various [différents]
competent departments, structures and organs [organismes].
The Consultative Council of Youth and of Associative Action [Conseil
consultatif de la jeunesse et de l'action associative], created by virtue of Article
33 of this Constitution, is a consultative instance within the domains of the
protection of youth and of the promotion of associative life. It is charged to
study and to follow the questions [of] interest to these domains and to formulate
the proposals on any subject of economic, social and cultural order [of] direct
interest to youth and associative action, as well as the development of the
creative energies of youth, and their inducement [incitation] to participation in
the national life, in the spirit of responsible citizenship.
The laws establish the composition, the organization, the attributions and the
rules of functioning of the institutions and instances specified in Articles 161 to
170 of this Constitution and, the case arising, the case of incompatibilities.
Of the Revision of the Constitution
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
The King can submit directly to referendum the bill of revision of which He
takes the initiative.
The proposal of revision emanating from on 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.
The bills and proposals of revision of the Constitution are submitted by Dahir to
The revision of the Constitution is definitive after having been adopted by way[voie] 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
The Parliament, convoked by the King in joint Chambers, approves it with the
majority of two-thirds of the members of Parliament.
The Internal Regulations of the Chamber of Representatives establishes the
modalities of application of his provision.
The Constitutional Court controls the regularity of the procedure of this revision
and proclaims the results.
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.
Transitory and Final Provisions
Until the election of the Chambers of Parliament provided for by this
Constitution, the Chambers actually in [their] functions continue to exercise
their attributions, notably to vote the laws necessary for the establishment [mise
en place] of the new Chambers of Parliament, without prejudice to the
application of Article 51 of this Constitution.
The Constitutional Council [Conseil Constitutionnel] in [its] functions shall
continue to exercise its attributions while awaiting the installation of the
Constitutional Court provided for by this Constitution.
The Superior Council of the Magistrature [Conseil supérieur de la
magistrature], actually in its functions shall continue to exercise its attributions
until the installation of the Superior Council of the Judicial Power provided for
by this Constitution.
The texts in force relative to the institutions and instances cited in Title XII, as
well as those concerning the Economic and Social Council and the Superior
Council of Teaching, remain in force until their replacement, in accordance with
the provisions of this Constitution.
Under reserve of the transitory provisions provided for in this Title, the text of
the Revised Constitution, promulgated by Dahir No. 1-96-157 of 23 joumada I
1417 (7 October 1996), is abrogated.