The Constitution OfThe Kingdom of Morocco

 

 

Kingdom of Morocco THE REVISED CONSTITUTION 1996

Adopted at the Referendum of 13 September 1996
Promulgated by Dahir No. 1-96-157 of 7 October 1996
Published in Bulletin Officiel No. 4420bis of 10 October 1996

Table of Contents

Title I: GENERAL PROVISIONS OF BASIC PRINCIPLES
Title II: OF KINGSHIP
Title III: OF THE PARLIAMENT OF THE ORGANIZATION OF THE PARLIAMENT
Title IV: CONCERNING THE GOVERNMENT
Title V: RELATIONS BETWEEN THE POWERS RELATIONS BETWEEN THE KING AND THE PARLIAMENT
Title VI: OF THE CONSTITUTIONAL COUNCIL
Title VII: ON JUSTICE
Title VIII: OF THE SUPREME COURT
Title IX: OF THE ECONOMIC AND SOCIAL COUNCIL
Title X: OF THE COURT OF ACCOUNTS
Title XI: OF THE LOCAL UNITS
Title XII: OF THE REVISION OF THE CONSTITUTION
Title XIII: SPECIAL PROVISIONS

 

PREAMBLE

The Kingdom of Morocco, a Muslim Sovereign State, whose official language is Arabic, constitutes a part of the Great Arab Maghreb.

As an African State, one of its constituted objectives is the realization of African unity.

Aware of the necessity of setting its action within the context of the international organizations of which it is an active and energetic member, the Kingdom of Morocco subscribes to the principles, rights and obligations resulting from the charters of the aforesaid organizations and reaffirms its attachment to the Human Rights as they are universally recognized.

The Kingdom of Morocco also reaffirms its determination to work for the maintenance of peace and security in the world.

 

Title I
GENERAL PROVISIONS OF BASIC PRINCIPLES

 

Article 1

Morocco is a constitutional, democratic and social Monarchy.

Article 2

Sovereignty belongs to the Nation which exercises it directly by means of referendum and indirectly through its constitutional institutions.

Article 3

The political parties, trade unions [organisations syndicales], local councils and professional Chambers participate in the organization of the State and in the representation of the citizens.

There can be no single party.

Article 4

The law is the supreme expression of the Nation's will. All must submit to it. Law can have no retroactive effect.

Article 5

All Moroccans are equal before the law.

Article 6

Islam is the religion of the State which guarantees to all freedom of worship.

Article 7

The Kingdom's emblem is a red flag stamped with a five-pointed green star in the middle. The Kingdom's motto is: GOD, THE HOMELAND [Patrie], THE KING.

Article 8

Men and Women enjoy equal political rights.

All citizens of age of both sexes are electors, provided they enjoy their civil and political rights.

Article 9

The Constitution guarantees to all citizens:

— Freedom of movement and freedom to settle in any part of the Kingdom;

— Freedom of opinion, freedom of expression under all its forms and freedom to assemble;

— Freedom to organize and freedom to join any trade union or political organization of their own choice.

No restrictions can be imposed on such freedoms other than by law.

Article 10

No one can be arrested, detained or punished except in the cases and forms provided by law.

The home [domicile] is inviolable. There can be no searches or inspections except under the conditions and the forms provided by law.

Article 11

Correspondence is secret.

Article 12

All citizens have access, under equal conditions, to public functions and public employment.

Article 13

All citizens have equal rights to education and to work.

Article 14

The right to strike is guaranteed.

An organic law shall determine the conditions and forms of exercising this right.

Article 15

The right to own property remains guaranteed.

Its extent and use may be restricted by law if the needs of economic and social planning and development necessitate it.

No expropriation can take place except in the cases and forms provided by law.

Article 16

All citizens contribute to the common defense of the homeland.

Article 17

All contribute, in proportion to their economic capacities, to the public expenditures which only the law can institute and distribute in the forms provided for in the present Constitution.

Article 18

All citizens collectively bear the costs resulting from national calamities.

 

Title II
OF KINGSHIP

Article 19

The King, Commander of the Faithful, Supreme Representative of the Nation, Symbol of its unity and guarantor of the permanence and continuity of the State, ensures the observance of Islam and the Constitution. He is the protector of the rights and liberties of the citizen, social groups and collectivities.

He guarantees the independence of the Nation and the territorial integrity of the Kingdom within its authentic borders.

Article 20

The Crown of Morocco and its constitutional rights are hereditary and transmitted from father to son to the male lineal descendants of His Majesty THE KING HASSAN II, unless the King, during his lifetime, designates among his sons a successor other than his eldest son. If there are no male lineal descendants, the Throne shall pass to the closest collateral male descendants under the same conditions.

Article 21

The King is under age until he has turned sixteen. During the minority of the King, all powers and constitutional rights of the Throne shall be exercised by a Regency Council, save those concerning the revision of the Constitution. The Regency Council shall function as consultative body to the King until he has turned twenty (20).

The Regency Council is headed by the First President of the Supreme Court. It is composed, furthermore, of the President of the Chamber of Representatives, President of the Regional Council of the Ulemas of Rabat and Salé and ten personalities appointed by the King personally [intuitu personae].

The rules of the functioning of the Council are determined by an organic law.

Article 22

The King shall have a civil list.

Article 23

The King's person is inviolable and sacred.

Article 24

The King appoints the Prime Minister.

On proposal of the Prime Minister, he appoints the other members of the Government.

He can terminate their functions either on his own initiative or by the fact of the resignation of the Government.

Article 25

The King presides over the Council of Ministers.

Article 26

The King promulgates the law within 30 days following the transmission of the definitively approved law to Government.

Article 27

The King can dissolve the Chamber of Representatives by decree under the conditions specified in Articles 72 and 73 of Title V.

Article 28

The King can address messages to the Nation and to the Parliament. The messages are read before one or the other Chamber and cannot be the object of any debate.

Article 29

The King exercises by dahir the powers expressly reserved to him by the Constitution.

The dahirs are countersigned by the Prime Minister, save those specified in Articles 21 (2nd paragraph), 24 (first, third and fourth paragraphs), 35, 69, 71, 79, 84, 91 and 105.

Article 30

The King is the Supreme Commander of the Royal Armed Forces.

He appoints civil and military personnel and can delegate this right.

Article 31

The King accredits ambassadors to foreign powers and international organizations. Ambassadors or representatives of international organizations are accredited to Him.

He signs and ratifies treaties. However, treaties relating to the State finances cannot be ratified without prior approval of the Chamber of Representatives.

Treaties inconsistent with the provisions of the Constitution shall be approved in accordance with the procedures necessary for the revision of the Constitution.

Article 32

The King presides over the Higher Magistracy Council, the Higher Education Council and the Higher Council for National Promotion of the Plan.

Article 33

The King appoints judges under the conditions provided in Article 84.

Article 34

The King exercises the right of pardon.

Article 35

When the integrity of the national territory is threatened, or when events occur which may impair the functioning of the Constitutional Institutions, the King can, after having consulted the Speaker of the Chamber of Representatives and the Chairman of the Constitutional Council and having addressed a message to the Nation, declare, by dahir, the state of exception.

He is, by this fact, entitled to take any contrary provisions, not withstanding the measures necessary for the defense of the territorial integrity, the reinstatement of the functioning of the constitutional institutions and the normal conduct of state affairs.

The state of exception does not entail the dissolution of the Chamber of Representatives.

The state of exception is terminated in the same forms as its proclamation.

 

Title III

OF THE PARLIAMENT
OF THE ORGANIZATION OF THE PARLIAMENT

Article 36

The Parliament is composed of the two Chambers, the Chamber of Representatives and the Chamber of Counselors [Conseillers]. Their members hold their mandate from the Nation. Their right to vote is personal and cannot be delegated.

Article 37

The members of the Chamber of Representatives are elected for five years through direct universal suffrage. The legislature comes to an end at the opening of the October session of the fifth year which follows the election of the Chamber.

The number of representatives, the electoral regime, the conditions of eligibility, and the regime of incompatibilities and the organization of electoral dispute are determined by an organic law.

The President is elected first at the beginning of the legislature thereafter at the April session of the third year of the latter and for the remaining period.

The members of the Bureau are elected by proportional representation of the groups for the duration of one year.

Article 38

The Chamber of Counselors comprehends in a proportion of 3/5 of the members elected in each region by an electoral college composed of Representatives of the local collectivities and in a proportion of 2/5 of the members elected in each region by the electoral colleges composed of the elected of the professional chambers and of the members elected in the national level by an electoral college composed of Representatives of the salaried.

The members of the Chamber of Counselors are elected for nine years. The Chamber of Counselors is renewed by thirds every three years. The seats being the object of the first and second renewal are drawn by lot. The number and the electoral regime of the Counselors, the number of members to be elected by each of the electoral colleges, the distribution of seats by region, the conditions of eligibility and the regime of incompatibilities, the modalities of the drawing by lot, provided for above as the organization of electoral adjudication are specified by an organic law.

The President of the Chamber of Counselors and the members of the bureau are elected at the beginning of the October session, thereafter following each renewal of the Chamber, the members of the Bureau are elected on [the basis] of proportional representation of the groups.

After the installation of the first Chamber of Counselors or its election after the dissolution of the preceding one, the President and the members of the Bureau are elected at the beginning of the session which follows the election then renewed at the beginning of the October session after each renewal of the Chamber.

Article 39

No member of Parliament can be prosecuted or pursued, detained or tried for opinions or votes expressed in the exercise of his functions, except in case the expressed opinions put in question the monarchical system, the Muslim religion or lack respect due to the King.

No member of Parliament can be prosecuted or arrested, during the sessions, for crimes or misdemeanors, other than those indicated in the preceding paragraph without the authorization of the Chamber to which he belongs, except in case of a flagrant crime.

No member of Parliament can be arrested during the recess without the authorization of the Bureau of the Chamber to which he belongs, except in case of flagrant crime, and in authorized prosecutions or definitive condemnation.

The detention or prosecution of a member of Parliament is suspended, if the Chamber to which he belongs requests it, except in case[s] of flagrant crime, authorized prosecutions, or definitive condemnation.

Article 40

The Parliament holds two sessions each year. The King presides over the opening of the first session which commences the second Friday in April.
When the Parliament has been sitting at least three months, during each session, adjournment can be pronounced by decree.

Article 41

The Parliament can be convened in a special session either upon request from the absolute majority of the members of the two chambers, or by decree.

The extraordinary sessions of the Parliament are held on the basis of an order on a specific day. When the latter has been exhausted, the session is closed by decree.

Article 42

The Ministers have access to each Chamber and to their Committees.

Besides the permanent Committees referred to in the previous paragraph, other Committees can be created on the initiative of the King or at the request of the majority of the members of one of the two Chambers, from among each of the two Chambers, Committees of Inquiry to collect information about determined facts and to submit their conclusions to it. No Commission of Inquiry can be created when the facts have given rise to a judicial prosecution and as long as these prosecutions are under way. If a Commission has already been created, its task shall end as soon as a judicial investigation [information] is opened concerning the facts which caused its creation.

The committees of inquiry have a temporary character. Their tasks shall end with the submission of their report.

An organic law shall establish the modalities and functioning of these commissions.

Article 43

The sessions of the Chambers of Parliament are public. The minutes of the debates are published in the Official Bulletin.

Each Chamber can meet as a secret committee at the request of the Prime Minister or one-third of its members.

Article 44

Each Chamber establishes and votes its rules. However, they cannot be applied until after they have been declared by the Constitutional Council as consistent with the provisions of the present Constitution.

 

OF THE POWERS OF PARLIAMENT

Article 45

The law is voted on by the Parliament.

The law of habilitation may authorize the government, for a limited time and determined objective, to take measures by decree, which are normally in the legislative domain. The decrees enter into force from [the time of] their publication, but they must be submitted, within a time specified by the law of habilitation to the Parliament for ratification. The law of habilitation becomes inoperative in case of a dissolution of the two Chambers of Parliament or one or the other of them.

Article 46

Within the domain of the law are, in addition to the matters which are expressly assigned to it by other articles of the Constitution:

— individual and collective rights enumerated in Title One of the present Constitution;

— the determination of misdemeanors [infractions] and the penalties which are applicable, penal procedure, civil procedure and the establishment and the creation of new categories of jurisdiction;

— the Statute of Magistrates;

— the General Statute of the Civil Service [fonction publique];

— the fundamental guarantees accorded to civil and military functionaries;

— the electoral regime of the assemblies and the Councils of local collectivities;

— the regime of civil and commercial liabilities [obligations];

— the creation of public establishments;

— the nationalization of enterprises and the transfer of enterprises from the public sector to the  private sector.

The Parliament is entitled [habilité] to vote framework laws concerning fundamental objectives of the economic, social and cultural action of the State.

Article 47

All other matters which are not within the legislative domain belong to the regulatory domain.

Article 48

Texts drawn up in legislative form concerning matters within the domain of the regulatory power, may be modified by decree upon approval by the Constitutional Council.

Article 49

The state of siege can be declared, by Dahir, for a time of thirty days. The time [limit] of thirty days can be extended only by law.

Article 50

The Parliament votes the Law on Finances in accordance with the conditions specified by an organic law.

Investment expenditures resulting from the development plan are passed only once, when the Parliament approves the Plan. They are renewed automatically for the duration of the Plan. Only the Government is authorized [habilité] to introduce bills which tend to modify the already adopted program.

If, by the end of the budget year, the Law on Finances has not been voted on or has not been promulgated, by reason of its submission to the Constitutional Council in application of Article 81, the Government opens, by decree, the necessary credits for the operation of the public services and for the exercise of their mission, on the basis of the budgetary proposals submitted for approval.

In this case, revenues shall continue to be raised in conformity with the legislative provisions and the executive regulations in force, with the exception, however, of the revenues whose suppression is proposed in the Bill on the Law of Finances. As to those for which the aforesaid Bill proposes a reduction, they shall be levied according to the new proposed rate.

Article 51

Proposals and amendments introduced by members of the Parliament are not admissible if, when approved, they would, as far as the Law on Finances is concerned, entail either a diminution of public revenues, or the creation or increase [aggravation] of a public expense.

CONCERNING THE EXERCISE OF LEGISLATIVE POWER

Article 52

The legislative initiative belongs concurrently to the Prime Minister and the members of the Parliament.

Legislative proposals are submitted to the Bureau of one of the two Chambers.

Article 53

The Government can express objection to any proposal or amendment which is not within the legislative domain. In case of disagreement, the Constitutional Council shall decide within eight days upon request by one of the two Chambers or the Government.

Article 54

Proposals for legislative action introduced shall be referred for consideration to the Committees which carry on their activities between the sessions.

Article 55

During the recess, the Government can issue decree-laws with the agreement of the concerned Committees of the two Chambers, which must be submitted during the following regular session of the Parliament for their ratification.

The project of a decree-law is deposited at the Bureau at one of the Chambers. It is successively examined by the concerned committees of the two Chambers with a view of arriving at a common decision within a time limit of six days.

In case of failure, at the demand of the Government, they proceed to the constitution of a mixed equal [paritaire] committee which, within a time limit of three days, counting from constitution, shall strive to propose a common decision to the concerned committees.

The accord envisioned in the first paragraph of this article is deemed to have been refused, if the mixed paritary committee has not achieved in the previously stated time limit or if the decision proposed by it has not been adopted by the concerned parliamentary committees within a time limit of four days.

Article 56

The order of business of each Chamber is established by its Bureau. It comprises, with priority, and in the order established by the Government, floor consideration of the legislative proposals introduced by the Government and those accepted by it.

One meeting a week shall be reserved, with priority, to the questions of the members of each Chamber and answers of the Government.

The Government's answer shall be made within twenty days following the date on which the question was submitted to the Government.

Article 57

The Members of each Chamber and the Government have the right to [present] amendments. After the opening of the debate, the Government can object to the consideration of any amendment which shall not have been previously submitted to the relevant Committee.

If the Government so demands, the Chamber in possession of the text under discussion shall decide, by a single vote, on the whole or part of the bill under discussion, keeping solely the amendments proposed or accepted by it.

Article 58

Every project or legislative proposal is examined successively by the two Chambers of Parliament in order to proceed to the adoption of an identical text. The Chamber [which] first receives it examines the legislative project presented by the Government or of a written proposed law; a Chamber which receives a text which has been voted by the other Chamber deliberates on the text transmitted to it.

Because a bill or legislative proposal cannot be adopted until after two readings in each Chamber or if the Government has declared [a state] of urgency after only one reading in each Chamber, the Government can initiate [provoquer] the reunion of a mixed paritary committee, charged with [the development of] a proposal for a text of provisions under discussion. The text elaborated by the mixed paritary Committee can be submitted to the two Chambers for adoption.

No amendment is acceptable except in agreement with the Government.

If the mixed paritary Committee does not proceed to the adoption of a common text or if it is not adopted by the Chambers, the Government can submit to the Chamber of Representatives the bill or the legislative proposal [as] modified, as the case may be, by the amendments resulting from the parliamentary discussion and taken over by the Government. The Chamber of Representatives cannot adopt the text definitively, except by the absolute majority of all its members.

The provisions [dispositions] adopted by the Chamber of Representatives are considered to have been voted by it in application of Article 75 Paragraph 2.

The organic laws are voted on and modified with the same conditions. However the bill or proposal of an organic law is not submitted to the deliberation and to the vote of the Chamber that has received it except with a time limit of ten days after its submission.

The organic laws pertaining to the Chamber of Counselors must be voted on the same terms by the two Chambers.

The organic laws cannot be promulgated until after the Constitutional Council has pronounced their conformity with the Constitution.

 

Title IV
CONCERNING THE GOVERNMENT

Article 59

The Government is composed of the Prime Minister and the ministers.

Article 60

The Government is responsible before the law and the Parliament.

After the nomination of the members of the Government by the King, the Prime Minister presents himself before each of the two Chambers and outlines the program he intends to implement. This program must sketch the guidelines of action which the Government intends to take in various sectors of national activity, and particularly in the areas of economic, social, cultural, and foreign policy.

This program shall be the object of a debate followed with a vote by each of the two Chambers. In the Chamber of Representatives it is followed by a debate under the conditions provided in paragraphs 2 and 3 of Article 75 and with the effect provided in the last paragraph of the same article.

Article 61

Under the responsibility of the Prime Minister, the Government assures the execution of the laws and supervises the administration.

Article 62

The Prime Minister has the initiative of laws. No bill can be presented by him to the Bureau of one of the two Chambers unless it shall have been considered [délibéré] in the Council of Ministers.

Article 63

The Prime Minister exercises the regulatory power.

The regulatory acts of the Prime Minister are countersigned by the ministers in charge of their execution.

Article 64

The Prime Minister can delegate some [certains] of his powers to the ministers.

Article 65

The Prime Minister assumes responsibility for the coordination of the ministerial activities.

Article 66

The following matters shall be referred to the Council of Ministers prior to any decision:

— questions concerning the general policy of the State;

— the declaration of a state of siege;

— the declaration of war;

— the assumption of responsibility of the Government before the Chamber of Representatives;

— legislative proposals before their introduction in the Bureau of one of the two Chambers;

— regulatory decrees;

— the decrees referred to in Articles 40, 41, 45 and 55 of the present Constitution;

— the Plan draft;

— drafts for revision of the Constitution.

 

Title V
RELATIONS BETWEEN THE POWERS
RELATIONS BETWEEN THE KING AND THE PARLIAMENT

Article 67

The King can demand of the Chambers to proceed with a new reading of any bill or legislative proposal.

Article 68

The demand for a new reading is introduced in the form of a message. This new reading cannot be refused.

Article 69

The King can, after a new reading, submit by dahir, any project or the legislative proposals, except in the case when the text of the project or the legislative proposals submitted to a new reading has been adopted or rejected by a two-thirds majority of each of the two Chambers.

Article 70

The results of the referendum apply to all.

Article 71

The King can, after having consulted the Presidents of the two Chambers and the President of the Constitutional Council, address a message to the Nation, dissolve, by dahir, the two Chambers of Parliament or only one.

Article 72

The election of a new Parliament or the new Chambers takes place [after] three months, at the latest, after the dissolution.

The King shall exercise, in the meantime and in order to fill the vacancy, in addition to the powers vested in him by the present Constitution, those of the Chambers.

Article 73

When one Chamber has been dissolved, the succeeding one cannot be dissolved until a year after its election.

Article 74

The declaration of war is made after the communication has been made at the Chamber of Representatives and at the Chamber of Counselors.

OF THE RELATIONS BETWEEN

THE PARLIAMENT AND THE GOVERNMENT

Article 75

The Prime Minister may assume the responsibility of the Government before the Chamber of Representatives, upon a declaration of general policy or the vote on a text.

The confidence cannot be refused or the text rejected except on the basis of an absolute majority of the members of the Chamber of Representatives.

The vote can only take place after three clear days after the question of confidence has been made.

The refusal of a confidence vote entails the collective resignation of the Government.

Article 76

The Chamber of Representatives may question the responsibility of the Government by the vote on a motion of censure. Such a motion is not admissible if it is signed by a quarter or less of the members composing the Chamber of Representatives.

The motion of censure is not approved by the Chamber of Representatives unless it has been approved by the absolute majority of the members composing it. The voting can only take place three clear days after the introduction of the motion.

The vote of a motion of censure entails the collective resignation of the Government.

When the Government has been censured by the Chamber of Representatives, no motion of censure shall be admissible within a year.

Article 77

The Chamber of Counselors can vote motions of warning [avertissement] or motions of censure of the government.

The motion of warning of the government must be signed by at least one-third of the members of the Chamber of Counselors. It must be voted by an absolute majority of the members composing the Chamber of Counselors. The vote cannot take place before three clear days of the introduction of the motion.

The text of the warning is immediately addressed by the President of the Chamber of Counselors to the Prime Minister who has a time limit of six days to present, before the Chamber of Counselors, the position of the government on the motives of the warning.

The governmental declaration is followed by a debate without vote.

The motion of censure is not admissible if it is signed by a third or less of the members composing the Chamber of Counselors. It is not approved by the Chamber except by a vote taken by a majority of two-thirds of the members composing it. The vote cannot take place before three clear days after the introduction of the motion.

The vote of censure brings about the collective resignation of the government.

When the government has been censured by the Chamber of Counselors, no motion of censure of the Chamber of Counselors shall be admissible within one year.

 

Title VI
OF THE CONSTITUTIONAL COUNCIL

Article 78

The Constitutional Council is established.

Article 79

The Constitutional Council comprises six members designated by the King for a period of nine years and six members designated for the same period, one-half by the President of the Chamber of Representatives, one-half by the President of the Chamber of Counselors, after consultation with the groups. Each category of the members is renewable by thirds every three years.

The President of the Constitutional Council is chosen by the King from among the members he appoints.

The term [mandat] of the President and of the members of the Constitutional Council is not renewable.

Article 80

An organic law determines the rules of the organization and the functioning of the Constitutional Council, the procedure to be taken before it and, in particular, the time allowed for any arguments [contestations] to be submitted.

It also determines the functions [which are] incompatible with those of the members of this council, the conditions for the two first triennial renewals as well as the forms of replacement of the impeached, resigned or members who died while in office.

Article 81

The Constitutional Council exercises the powers [attributions] vested in it by virtue of the articles of the Constitution or the provisions of organic laws. It also provides rulings on the regularity of the election of the members of the Parliament and the operations of the referendum.

Furthermore, organic laws, before their promulgation, and the Rules of each Chamber, prior to their implementation, must be referred to the Constitutional Council, which also rules on their conformity with the Constitution.

For the same purposes, bills can be referred to the Constitutional Council by the King, the Prime Minister, the President of the Chamber of Representatives, the President of the Chamber of Counselors, or a quarter of the members who make up one or the other Chamber.

In the cases stated at the previous paragraphs, the Constitutional Council must give a ruling within one month. However, at the request of the Government, in case of urgency, this time-limit is reduced to eight days.

In these cases, the reference to the Constitutional Council suspends the time-limit for the promulgation.

An unconstitutional provision cannot be promulgated or applied.  The decisions of the Constitutional Council are not susceptible to any appeal [recours]. They are binding on public powers, and all administrative and jurisdictional authorities.

Title VII
ON JUSTICE

Article 82

The judicial authority is independent of the legislative power and of the executive power.

Article 83

Decisions are rendered in the Name of the KING.

Article 84

The magistrates are nominated by dahir on the proposal of the Superior Council of the Magistracy.

Article 85

The magistrates are irremovable.

Article 86

The Superior Council of the Magistracy is presided over by the King. It is composed of:

— The Minister of Justice, [as] vice-president;

— The First President of the Supreme Court;

— The Prosecutor General of the King at the Supreme Court;

— The President of the First Chamber of the Supreme Court;

— Two representatives of the Courts of Appeal elected by the magistrates from among themselves;

— Four representatives of the magistrates of first degree jurisdictions elected from among themselves.

Article 87

The Superior Council of the Magistracy watches over the application of the guarantees granted to the magistrates concerning their advancement and discipline.

Title VIII
OF THE SUPREME COURT

Article 88

The members of the government are liable to prosecution for crimes or misdemeanors committed in the discharge of their function.

Article 89

They can be impeached by the two Chambers of Parliament and referred to the Supreme Court.

Article 90

The proposal for an indictment has to be signed by at least one-fourth of the members of the Chamber before which it is presented in the first place. It is examined successively by the two Chambers and it cannot be approved except by an identical vote in each Chamber in a secret ballot with a two-thirds majority composing it, with the exception of those [members] called upon to participate in the prosecution, preliminary examination or judgment.

Article 91

The Supreme Court is composed in equal parts of members elected from within the Chamber of Representatives and from within the Chamber of Counselors. Its President is nominated by dahir.

Article 92

An organic law specifies the number of the Supreme Court members, the modalities of their election as well as the applicable procedure.

 

Title IX
OF THE ECONOMIC AND SOCIAL COUNCIL

Article 93

An Economic and Social Council is established.

Article 94

The Economic and Social Council can be consulted by the Government, by the Chamber of Representatives, and by the Chamber of Counselors on all questions of economic or social character. It provides its opinion on the general trends of the national economy and formation.

Article 95

The composition, organization, powers and methods of functioning of the Economic and Social Council are determined by an organic law.

 

Title X
OF THE COURT OF ACCOUNTS

Article 96

The Court of Accounts is charged with superior control of the execution of the financial laws.

It assures the regularity of the operations of the receipts and the expenditures of the organisms to its control by virtue of the law and view of its management. It sanctions, as the case may be, the deficiencies as to the rules which apply to its operations.

Article 97

The Court of Accounts assists the Parliament in the domains relevant to its competence in virtue of the law.

It renders account to the King on the entirety of its activities.

Article 98

The regional courts of accounts are charged with the control of the management of the local units [collectivités] and their divisions [groupements].

Article 99

The attributions, the organizations and the modalities of the functioning of the Court of Accounts and the regional courts are specified by the law.

Title XI

OF THE LOCAL UNITS

Article 100

The local units [collectivités] of the Kingdom are the regions, the prefectures, the provinces and the communes. Any other local unit is established by the law.

Article 101

They elect assemblies charged to manage democratically their affairs under the conditions determined by the law.

The governors execute the decisions of provincial, prefectural and regional assemblies under the conditions determined by law.

Article 102

In the provinces, the prefectures and the regions, the governors represent the State and watch over the execution of the laws. They are responsible for the application of the decisions of the government and to this end, the management of local services of central administrations.

Title XII

OF THE REVISION OF THE CONSTITUTION

Article 103

The initiative concerning the revision of the Constitution belongs to the King and the Chamber of Representatives and the Chamber of Counselors.

The King can submit directly to a referendum the project of revision which he has initiated.

Article 104

The revision proposal introduced by one or several members of the two Chambers cannot be adopted unless it has been passed by a majority of two-thirds of the members composing that Chamber. The proposal is submitted to the other Chamber which can adopt it with a majority of two-thirds of the members composing it.

Article 105

The projects and proposals of revision shall be put to referendum by dahir.

The revision of the Constitution is definitive when it has been adopted by means of the referendum.

Article 106

The monarchic form of the State as well as the provisions relating to the Islamic religion cannot be the object of a constitutional revision.

Title XIII

SPECIAL PROVISIONS

Article 107

Until the election of the Chambers of Parliament provided for by the present Constitution, the actually functioning Chamber of Representatives shall continue to exercise its functions [attributions] especially for voting the necessary laws to put in place the new Chambers of Parliament, without prejudice to the application of Article 27.

Article 108

Until the installation of the Constitutional Council, the composition provided for by the present Constitution, the actually functioning Constitutional Council remains competent to exercise the powers (attributions) conferred on it by Constitution and the organic laws.

 

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