Introduction
[H1] The Kingdom of Morocco is a constitutional, democratic and parliamentary monarchy. The new constitution was enacted on 29 July 2011following what is now known as the Arab Spring. Article 1(3) of the Constitution states that "The regions of the kingdom are administered in a decentralised manner. This system is based on advanced regionalisation." Prior to the Arab Spring, an ad hoc consultative commission was established to broaden regionalisation and produced the "Report on Advanced Regionalisation" which guided the new overarching reformsset out in the constitution.
The king is head of state and plays a key role in Moroccan politics, although the role was reduced by the new 2011 Constitution. The King chairs the Council of Ministers, the Higher Council of the Judicial Branch and the Higher Council of Ulema.
The 2011 Constitution strengthened the role of the prime minister, who is the head of government. Executive power is still shared between the government and the king. The king appoints the prime minister from the party that performs best in elections to the House of Representatives[1].
The Morocco Parliament includes two chambers: the House of Representatives (members elected by direct universal suffrage for a 5 year mandate) and the House of Councillors (members elected by indirect universal suffrage for a 6 year mandate). The two chambers have equal legislative power. The order in which texts are considered is the only area where the House of Representatives has more of a say[2].
Morocco has four sub-national divisions of local and regional authorities:
- 12 regions
- 12 prefectures and 63 provinces
- 1503 Communities or municipalities
Besides the 2011 Constitution, various acts give set out the territorial organisation and division of powers. These three organic laws were adopted in June 2015:
These three organic laws distinguish between three categories of awards: own responsibilities, shared responsibilities and powers transferred, which will be exercised based on the principles of subsidiarity and substitution.
As well as the various levels of decentralisation mentioned above, Morocco also has several levels of deconcentration of central government: the 17 wilayas, which correspond to the different regions, with the exception of the Tangier-Tétouan region, which comprises two wilayas (the Tangier-Tétouan region wilaya and the Tétouan wilaya); the 75 prefectures and provinces; the pachaliks (urban administrative areas) and the caïdats (rural administrative areas).
The governor of the prefecture or province – i.e. the representative of central government at prefecture and province level – implements the decisions of the prefectural/provincial councils. The 2011 Constitution, meanwhile, stipulates that this role will be fulfilled by the presidents of these councils, not by the governors. Thus the 2011 Constitution reduces the role of central government (the wali or governor) in the regions as well as in the prefectures and provinces.[3]
Central level
The powers of parliament are set out in Article 70 et seq. of the 2011 Constitution. Thus Article 71 lists matters that fall within the field of law, such as "fundamental rights and freedoms", the status of the family and marriage, nationality and the status of foreigners, etc. It should be noted that this article also covers "the system of local and regional authorities and the principles governing the demarcation of their territorial jurisdiction" as well as "the electoral system relating to local and regional authorities and the principles governing the boundaries of electoral districts". Matters other than those that fall within the field of the law are part of the regulatory domain (Article 72).
Article 55 of the Constitution stipulates that it is the king who signs and ratifies treaties. However, some treaties, such as trade agreements, those involving state finances or those which require legislation to be ratified – as well as treaties that relate to individual or collective rights and freedoms – can only be ratified after prior approval has been granted by means of a law.
Regional level
[H2] Morocco consists of 12 regions, the highest administrative division. Created in 1971, they were transformed in 1992 into true regional authorities, with a regional council acting as each authority's decision-making body. The regions are principally considered as "areas of social and economic development" and are meant to deal with issues relating to cohesion among each region's component parts[4].
Since 2015, the country’s 12 regions are now led by an elected council with wide economic, human, infrastructural, environmental, and cultural development capacities .
The Organic Law 111-14 specifies the competences of regions, those shared with the State, and transferable competencies (Sections 80-95):
Region Competencies (article 80-86)
- Economic Development : Enhancing regional investment attractiveness, enterprise development, markets and zones of activities, promotion of regional products and activities;
- Professional Training and employment: . vocational training, continuing education and employment;
- Rural development: promoting rural development, non-faming activity and maintaining unclassified roads;
- Transport: developing a transport plan and regional transport;
- Culture: Preserving cultural, archaeological and heritage sites, promoting festivals and events;
- Environment : management of natural resources, management of protected parks and forests and developing a regional strategy for water and energy, promoting energy efficiency;
- International cooperation;
- Planning : developing the regional plan, regional development planning, infrastructure plans
Shared competences (article 91-93)
- Economic Development : Regional attractiveness and competitiveness, sustainable development, employment, scientific research, enterprise development, markets and zones of activities, promotion of regional products and activities;
- Rural development : creation of agricultural centers, electrification and drinking water supply to remote villages, etc.;
- Social Development : promoting social housing, sports and recreation, etc.;
- Culture : enhancement of regional heritage, maintenance of monuments, management of cultural institutions;
- Tourism : Tourism promotion.
Transferable competencies
These are state powers which will be gradually transferred to the regions. These include:
- Regional equipment and infrastructure;
- Industry;
- Health;
- Trade;
- Education;
- Culture;
- Sport;
- Energy, Water and Environment.
Prefectures and Provinces
The 12 prefectures and 63 provinces make up the second level of territorial decentralisation in Morocco. Prefectures are found in urban areas, while provinces comprise more rural districts. They are responsible for the promotion of social development, particularly in rural areas as well as enhancing efficiency, solidarity and cooperation between the municipalities in the territory of the province.
The Loi
organique n° 112-14 relative aux préfectures et provinces sets out the following competencies:
Own competencies (art 79-85)
- Scholar transport;
- Rural tracks and roads;
- Reducing poverty;
- Environmental health education, and prevention;
- Promoting sport, culture;
- Collaborate with local and international partners
Shared competencies (article 86)
- Rural healthcare including training, infrastructure and equipment;
- · Development of mountainous areas;
- Contributing towards access to water and electricity in rural areas;
- Constructing and maintaining prefectural and provincial roads;
- Opening up development in rural areas;
- Setting a social standards in the fields of education , health , social and sport
Companies may be transferred to the prefectures and provinces as per article 89.
Local level
The third level of decentralisation consists of 1503 municipalities.These authorities have their own powers to draw up plans for economic and social development at the respective level as well as devolved powers.The Loi
organique n° 113-14 relative aux communes sets out these competencies
Own competencies ( Article 78)
- Urban and regional planning and the development of a local plan;
- Electricity distribution;
- Public lightning;
- Public transport and maintenance of stations;
- Cleaning public place roads and collection of waste;
- Ambulance and emergency services;
- Maintenance of cemeteries and burials grounds;
- Markets and fairs;
- Parks, camping areas and recreational spaces;
- Camping areas;
- Abattoirs and transport of animals;
- Finance, taxation and municipal assets;
- Engage with international organisations
Shared competencies (article 87)
- Foster or promote development of the local economy and employment;
- Support the perseveration of local culture and cultural activities;
- Take measures to promote the economic development, support economic activities and enterprises;
- Contribute establishment, maintenance and management of socio-cultural and sporting amenities such as libraries;
- Support local tourism and maintain monuments and tourist destinations;
- Protecting the environment and contributing to coastal management, upkeep of lakes and beaches, reforestation measures, use and preservation of natural parks;
- Maintaining public roads;
- Construction and maintenance of schools and basic educational institutions, clinics, and health and care centres;
Transferred competencies (Article 90)
- Creation and maintenance of equipment and "facilities related to small and medium hydro";
- Construction and maintenance of learning centres and vocational training centres;
- Other devolved responsibilities with the appropriate transfer of funding.
[1] The other members of the government are appointed by the king following the proposals of the head of government (Article 47 of the 2011 Constitution).
[2] See, however, Article 78 of the 2011 Constitution, which states that "bills with particular relevance to local and regional authorities and social affairs are tabled as a matter of priority with the bureau of the House of Councillors."
[3] According to Article 145 of the Constitution, "In local and regional authorities, central government is represented by the walis in the regions and the governors in prefectures and provinces. They act on behalf of the government to ensure that laws are enacted, to implement government regulations and decisions, and to exercise administrative supervision. The walis and governors shall assist the presidents of the local and regional authorities, particularly the presidents of regional councils, to implement development plans and programmes."
[4] FAMSI and An Mar, "L’organisation territoriale au Maroc", 12 p.
[H1]This has been changed
[H2]Changed in 2015
