FEATURE STORY. In the end, the sultan, after changing his title to ‘King’ in 1956, won the post-independence struggle for power. This would permit the operation of a local autonomy plan for the Western Sahara: the two Saharan provinces would be empowered to use local resources to develop the infrastructure and improve the economic conditions. Four months after the parliamentary elections of 7 October 2016, Abdelilah Benkirane, leader of the winning Islamist Justice and Development Party (PJD), was unable to form the coalition government required by law. This was essentially the system adopted in the first Moroccan Constitution of 1962, but the Parliament was reduced to a single chamber for most of the 1970s and 1980s. Tweet. OECD Public Governance Reviews; Open Government in Salé, Morocco OECD Public Governance Reviews This series includes international studies and country-specific reviews of government efforts to make the public sector more efficient, effective, innovative and responsive to citizens’ needs and expectations. Most of the population cannot afford legal services, as the average lawyer’s fee is equivalent to two to four weeks of the minimum wage. Because of its history, Morocco has a dual legal system, under which civil legislation, based on the French code system, defines contract, commercial, administrative, and criminal law and provides the bases of codes of civil and criminal procedure, while Islamic law provides the basic structure governing personal, family, and succession issues. The Supreme Court hears appeals from lower courts and resolves jurisdictional disputes. The Constitution is a product of modern nationalism and the struggle for independence, yet there was an early project for constitutional rule in 1908, on the eve of the Protectorate, which proposed limited controls on the sultan and was based on the idea that the Japanese, equipped with a constitution, had defeated the autocratic Russian empire in 1906. As under the French system, an investigating judge investigates serious offences and can remand a suspect into pre-trial custody. At the same time, the French established what was effectively a three-part legal system in Morocco. Only one-quarter of judicial trainees are women, and 90 percent are from the cities, although only 55 percent of the population is urban. Morocco has one of the larger armed forces in the region but also one of the lowest budgets. Its 37 local districts are responsible for policing traffic in urban areas, policing large crowds (e.g., sports fixtures and concerts), and civil protection during emergencies. The party has been led by Ilyas el-Omari since January 2016. The Navy is being re-equipped with Dutch-built SIGMA frigates. He notes an excessive focus on laws and institutional procedures that do not translate into the necessary transformation in the status of governance and the nature of the Moroccan political regime. Good governance The constitution, which entered into force in 2011, establishes more stringent requirements in terms of good governance and the performance of public institutions. That authority, baraka, is an inherited quality passed by genealogical descent from the founder of the Alaouite dynasty Moulay al-Cherif and his son Moulay al-Rashid (1666-1672), who seized power when the Saadi dynasty disintegrated in half a century of civil war. In the early days after Moroccan independence, the Soviet Union supplied a large amount of military equipment, most of which is no longer in service. He used his constitutional power to appoint the Prime Minister (the leader of the largest party) and to approve and promulgate laws vigorously, repeatedly dissolved Parliament, rewrote the constitution several times, and rigged elections in favour of his supporters. Public Opinion This has been used as the basis for a strong campaign to make Morocco the first Arab country formally to abolish the death penalty. The parties vanished during World War II but re-emerged after the American invasion of 1943, with the foundation of the Independence Party (Parti de lâIndependence, Parti Istiqlal, or Istiqlal, PI), whose manifesto marks the beginning of modern nationalism and the modern Moroccan state. There are no provisions for legal aid in civil matters â even though legal representation is compulsory before the bench â except in cases involving alimony. Mohammed V’s son, Hassan II, who ruled from 1961 until 1999, maintained the facade of a constitutional monarchy, but he was the master of his realm. The administrative-police functions include public order, public security, and traffic control on roads outside the cities. One of the new constitutional provisions is that the regional councils should be elected by universal suffrage (Article 135): how could a democratically self-governing Western Sahara coexist with authoritarian Morocco? The backbone of policing is the Royal Gendarmerie, part of the Royal Armed Forces, which comes under the Ministry of the Interior when it acts as the administrative police and under the Ministry of Justice when it acts as the Judicial Police (Police Judiciare), investigating crimes, gathering evidence, and bringing alleged perpetrators to court. Since independence, the civil- and criminal-law systems have been based on French, Spanish, and Islamic law, following French legal procedure. Within the framework of the Morocco Country Programme and the implementation of the "Advanced Regionalisation Process", the MENA-OECD Governance Programme has contributed to improving the quality of local-level policies and strengthening citizens' trust in governance.Strategic assistance was provided to achieve three … By bringing together a multitude of OECD instruments and expertise in different areas of public governance… Mounting Tensions Between Moroccoâs Main Political Parties. As all the constitutions make clear, the head of state is the King (or Sultan, in 1908) who is ‘Commander of the Faithful’ (amir al-muminin). The Communist Party was banned in 1952 but resurrected in 1974, still with Ali Yata at its head, as the Party of Progress and Socialism (Parti du Progrès et Socialisme, PPS). Source: GFP review. However, basing his analysis on governance indicators such as the Worldwide Governance Indicators and components of the Arab Democracy Index, Benhlal points out that the practice of governance of Morocco is not as positive as claimed in the political discourse. It covers steps taken by central government and local authorities, research centres… The Navy is the poor relation of the services: it has some modern French-built frigates, but its main fleet consists of aging patrol and coastal craft that cannot prevent fast boat smuggling across the Mediterranean. Both chambers debate the government’s programme, but only the House of Representatives can vote it down. According to the Constitution, Parliament exercises legislative power and can validate the authority of the government. His authority is derived from his role as the political head of a community defined by belief. But Mohammed VI, who came to the throne when he was quite young â he was born in 1963 â has modernizing and technocratic credentials. The 2011 Constitution, which was immediately the result of the Arab Spring movement, was the long-term consequence of this liberalizing trend. Officials were arrested and prosecuted for crimes ranging from assault and battery to petty bribery in all parts of Morocco and Western Sahara, but many cases are not brought to trial. The Executive The Communist Party was legalized in 1937 and grew through the trade unions. Moreover, autonomous regions elsewhere in the world have functioned smoothly only on the basis of the rule of law and respect for human rights, which might conflict with the vast prerogatives of the King under the current system. Beneath the highest level, consisting of the regions, are the provinces, which are subdivided into communes. The Authenticity and Modernity Party (PAM) was founded in August 2009 by Fouad Ali el-Himma, a close friend of King Mohammed VI and a palace advisor. In that year defectors from the OADP created the Democratic Socialist Party (Parti Socialiste Démocratique, PSD), former members of the OAPD set up the Front of Democratic Forces (Front des Forces Démocratiques, FFD), and, in yet another secession from the MP line, the Democratic and Social Movement (Mouvement Démocratique et Social, MDS) separated from Aherdane’s MNP. The Monarchy The French did, however, maintain the institution of royal family and appointed another brother, Yusef, as sultan. It also appoints the administrative heads of government departments, the presidents of universities, and the heads of other institutions of higher education. Each session lasts for no more than four months. The latter was first enacted in 1957 and modified in 2004 and is by far the most controversial (see Women). The acquired copyright protected images used on/as featured image of this page are: ©Hollandse Hoogte | ©Hollandse Hoogte | ©Fanack | ©Fanack | Fanack ©Fanack. This can have the result of creating alternative legal solutions in certain areas. According to Article 6 of the 2011 Constitution, the law ‘is the supreme expression of the will of the Nation’. Local governance at a glance The local government structure comprises 16 regions, provinces and prefectures, and urban and rural communes (Rao and Chakraborty, 2006). Human Rights in Morocco. Not only do the elections constitute an evaluation of the success or failure of the constitutional reforms that Morocco adopted in 2011, but also a litmus test for ... What is the state of security today in Morocco? Comments are welcome: please provide comments to cignag@ebrd.com 2 This Report does not constitute legal advice. Transparency and open budget, the true stakes in Morocco’s governance reform; BLOG. Reform of the state-owned enterprise sector in Morocco has undergone three distinct phases: 1) structural reforms in the 1980s, 2) modernisation of th. According to Morocco’s Constitution, executive power is vested in the government, which consists of the Prime Minister and the Cabinet (Article 87). This paper presents a preliminary analysis of the issues of governance in human rights organizations in Morocco. As a result, the executive is made up of members of the largest party or coalition of parties in the Parliament determined by the results of the general elections. This was a common model for early opponents of European imperialism in Africa and Asia. The Constitution (Article 80) states that ‘The judicial authority is independent of the legislative power and of the executive power’ and that magistrates are not removable (Article 83).
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