Understanding the Moroccan Government System

The politics of Morocco operate within a framework of an official parliamentary, semi-constitutional Islamic monarchy and a multi-party system. Executive power is exercised by the government, while legislative power is vested in both the government and the two chambers of parliament: the Assembly of Representatives of Morocco and the Assembly of Councillors.

Political map of Morocco since 2015

Constitutional Framework

The Constitution of Morocco, adopted in 1992, contains fundamental principles that define the various aspects of government and their relationship with the monarchy. This document serves as the cornerstone of the Moroccan legal and political system.

Key Features of the Constitution:

  • Defines Government Structure: It outlines the roles and responsibilities of different branches of government.
  • Monarchy's Role: It specifies the powers and functions of the King within the government.
  • Relationship between Powers: It establishes the relationship between the monarchy, the executive, and the legislative branches.

Reforms in 2011 shifted some authority over government from the monarchy to the national legislature.

Morocco constitutional reforms

The Monarchy

The constitution grants the King extensive powers. He is both the secular political leader and the "Commander of the Faithful," as a direct descendant of the Prophet Mohammed. The King presides over the Council of Ministers, appoints the prime minister following legislative elections, and on recommendations from the latter, appoints the members of the government.

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King Mohammed VI of Morocco

While the constitution theoretically allows the king to terminate the tenure of any minister, and after consultation with the heads of the higher and lower Assemblies, to dissolve the Parliament, suspend the constitution, call for new elections, or rule by decree, the only time this happened was in 1965. The King is formally the chief of the military.

The Parliament

Parliament exercises the legislative power. It votes on the laws, controls the action of the government, and evaluates the public policies. The parliament is composed of two Chambers: The Chamber of Representatives and the Chamber of Counselors.

Chambers of Parliament:

  • Assembly of Representatives (Majlis al-Nuwab): All 395 members are directly elected to five-year terms by popular vote.
  • Assembly of Councillors (Majlis al-Mustacharin): Members are elected by indirect vote. They revise the constitution, help with budgetary matters, approve bills, question ministers, and establish ad hoc commissions of inquiry to investigate the government's actions.

The Government

The Government is composed of the Prime Minister and ministers. 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. After the appointment of the cabinet members by the Prime Minister, he submits the program (about national activity, namely in economic, social, cultural and foreign affairs) to each one of the two houses of parliament. Under the prime minister’s responsibility, the government ensures the execution of the laws.

The prime minister has the right to introduce bills, exercise theadministrative powers and delegate some of his powers to the ministers. The prime minister is responsible for the co-ordination of ministerial activities.

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The Judiciary

Morocco’s constitution under Article 82 proclaims that “the judicial authority is independent from the legislative power and the executive power”. Ultimate power of review lies with the Supreme Court.

Key Components of the Judicial System:

  • Municipal and District Courts: Established to make justice more accessible to people.
  • First Instance Courts: Exercise general jurisdiction over civil, social, and commercial matters.
  • Courts of Appeals: Hear appeals filed from first instance courts.
  • Administrative Tribunals: Established by a 1991 law, widely respected.
  • Commercial Courts: Hear commercial cases where the amount in controversy exceeds 20,000 Dirhams.
  • Supreme Court: The highest appellate court in Morocco.

The Court of Cassation replaced the Supreme Council. It was established by Act No. 58/11, promulgated under Royal Decree 1.11.170 of 25 October 2011, amending Royal Decree No. 1.57.223 of 27 September 1967 on the Supreme Council.

Regional and Local Administration

Since 2015 Morocco officially administers 12 regions: Béni Mellal-Khénifra, Casablanca-Settat, Dakhla-Oued Ed-Dahab, Drâa-Tafilalet, Fès-Meknès, Guelmim-Oued Noun, Laâyoune-Sakia El Hamra, Marrakech-Safi, Oriental, Rabat-Salé-Kénitra, Souss-Massa and Tanger-Tetouan-Al Hoceima. Morocco is divided also into 13 prefectures and 62 provinces.

Human Rights and Civil Liberties

While civil society organizations are active, they are subject to legal harassment, travel restrictions, intrusive surveillance, and other impediments to their work. The Moroccan Association for Human Rights (AMDH), one of Morocco’s most prominent NGOs, is frequently targeted by the government. Authorities have canceled numerous AMDH events in recent years and are known to impede its efforts to rent space and open bank accounts. Amnesty International has been prohibited from carrying out research in Morocco since 2015.

State surveillance of online activity and personal communications is a serious concern, and the arrests of journalists, bloggers, and activists for critical speech serve as a deterrent to uninhibited debate among the broader population. The use of spyware and surveillance technologies, especially Pegasus, by the government is widespread, and partly responsible for increasing self-censorship by journalists and fears of retaliation for investigative work.

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Economic Freedom

Economic freedom in Morocco is graded on a scale of 0 to 100, based on ten freedoms, with 100 representing the greatest amount of economic autonomy from government intervention.

Private business activity is hampered in part by the dominant role of the king, his family, and the Makhzen. Political and economic uncertainties and an occasionally difficult business environment can affect corporate payment behavior. Corporate default probability is appreciable.

Challenges and Reforms

The legal system has not been immune to pressures for reform. Moroccan women, in particular, have sought reforms in the Mudawwanah, or code of personal status and family law, in an effort to change inequities in inheritance, divorce, and other matters that have traditionally favoured men. In 2004 parliament issued a new, more liberal, personal status code.

Despite these advancements, challenges remain, including restrictions on freedom of assembly, expression, and association. The government continues to face scrutiny for its handling of protests, treatment of journalists, and surveillance practices.

Table: Key Institutions and Their Roles

Institution Role
King Head of State, Commander of the Faithful, Appoints Prime Minister and Ministers
Prime Minister Head of Government, Ensures Execution of Laws
Parliament Legislative Power, Votes on Laws, Controls Government Action
Supreme Court Highest Appellate Court
Constitutional Council Reviews Laws for Constitutionality

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