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Constitution of Morocco – 6: The Constitutional Council

CHAPTER SIX
THE CONSTITUTIONAL COUNCIL

Article 78
A Constitutional Council shall be established.

Article 79
The Constitutional Council shall be made up of six members appointed by the King for a nine-year period. Upon consultation with parliamentary groups, six other members shall be appointed for the same period, half of them by the President of the House of Representatives and the other half by the President of the House of Counsellors. A third of each category of members shall be renewed every three years. The chairman of the Constitutional Council shall be selected by the king among the members appointed by him. The Chairman and the members of the Counstitutional Council shall serve for a non-renewable term of office.

Article 80
An organic law shall govern the organisation and work of the Constitutional Council as well as the procedure it shall adopt, particularly with respect to deadlines set for referred disputes. Likewise, this organic law shall determine the functions which may not be compatible with that of Council member, the conditions of the first two renewals for a threeyear term, as well as the procedure for replacing inactive members, either as a result of resignation or death during their term of office.

Article 81
The Constitutional Council shall perform the functions assigned by the articles of the Constitution or the provisions of the organic laws. It shall furthermore decide on the validity of the election of the Members of Parliament and that of referendum operations. Organic laws – before promulgation – and the Rules of Procedure of each House – before implementation – shall be submitted to the Constitutional Council to look into their consistence with the Constitution. Before promulgation, laws may, for the same reason, be referred to the Constitutional Council by the King, the Prime Minister, the President of the House of Representatives, the President of the House of Counsellors or one-fourth of the members making up one House or the other. The Constitutional Council shall have one month to decide upon the special instances stated in the preceding two paragraphs. However, in case of emergency, the deadline may be reduced to eight days if so requested by the Government. Regarding the above mentioned instances, referring law to the Constitutional Council shall entail the suspension of the deadline of the promulgation thereof. No unconstitutional provision shall be promulgated or implemented. Decisions of the Constitutional Council shall, in no way, be put into question. They shall, furthermore, be binding upon all public authorities, administrative and judicial sectors.

Next: Chapter 7 – The Judiciary

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