Display Map
Hide Map

Constitution of Morocco (2011) – 3: Of the Royalty

Article 41

The King, Commander of the Faithful, sees to the respect for Islam. He is the Guarantor of the free exercise of beliefs.

He presides over the Superior Council of the Ulemas, charged with the study of questions that He submits to it.

The Council is the sole instance enabled to comment on the religious consultations (Fatwas) before being officially agreed to, on the questions to which it has been referred 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 which are conferred on Him in exclusive manner by this Article.

Article 42

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, 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.

Article 43

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 same conditions.

Article 44

The King is a minor until reaching eighteen years [of age]. During the minority of the King, a Council of the Regency 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, of the Secretary General of the Superior Council of the Ulemas and of six prominent persons appointed by the King intuitu personae.

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

Article 45 The King disposes of a civil list.

Article 46
The person of the King is inviolable, and respect is due him.

Article 47

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 government.

The King can, on His initiative, and after consultation with the Head of Government, 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.

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 resignation.

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.

Article 48

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 agenda, delegate to the Head of Government the presidency of a Council of Ministers.

Article 49
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: 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 the list of these strategic establishments and enterprises.

Article 50

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.

Article 51

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.

Article 52

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 debate.

Article 53
The King is the Supreme Head of the Royal Armed Forces. He appoints to the military offices and can delegate this right.

Article 54

A Superior Council of Security 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 governance.

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 specific agenda.

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 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.

Article 55

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, 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 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 a provision contrary to the Constitution, its ratification may only intervene after the revision of the Constitution.

Article 56
The King presides over the Superior Council of the Judicial Power.

Article 57

The King approves by Dahir the appointment of the magistrates by the Superior Council of the Judicial Power.

Article 58

The King exercises the right of pardon.

Article 59

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 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 constitutional institutions.

The Parliament may not be dissolved during the exercise of exceptional powers.

The fundamental rights and freedoms provided by this Constitution remain guaranteed.

The state of exception is terminated in the same forms as its proclamation, once the conditions which have justified it do not exist.

Next: Chapter 4 – Of the Legislative Power

Tags: , , , ,