Systems of multilevel governance[1]
The relationship between the different levels is guided by four basic principles, enshrined in the Constitution. The first principle is the subsidiarity principle meaning that local and regional authorities have their own powers, powers that are shared with the state, and powers that can be devolved by the state[2].Moreover, Article 136 of the Constitution stipulates that regional and local administration is based on the principles of administrative freedom, cooperation and solidarity. The first of these principles implies the power to freely decide on the nature of economic measures and how they are implemented[3]. The principle of cooperation implies that while they are exercising their powers, local and regional authorities are authorised to conduct discussions among themselves, or with other legal persons governed by public or private law, in order to ensure that the inhabitants of these authorities can enjoy full and comprehensive development[4]. Finally, the principle of solidarity expresses the notion that the regions are equal, and in particular have the right to equal participation in the country's development[5].
It follows from this that there is no strict hierarchy between the various levels, and that each local and regional authority has a degree of autonomy when exercising its own powers. This is also covered by Article 143 of the 2011 Constitution, which states that "no local or regional authority shall exert power over another". Nonetheless, the same article gives regions a leading role in regional development.
Representation: The Association of Moroccan Regions (ARM) was established in 2006 and plays an active role in the debate on advanced regionalisation implementation (study trips, reports and questions to government. Created in 2013, the Moroccan Association of Presidents of Municipal Councils (AMPCC) aims at stimulating the common municipal action and at reinforcing solidarity and cooperation mechanisms between local authorities and themselves, as well as local players.
Information and consultation: Consultation regarding shared competencies is provided for in law.
Coordination: the 2015 organic laws call for cooperation between the different spheres of government. Province, prefectures and municipality groupings have moral personality and are financially independent. The Organic law on Communes establishes Intermunicipal Cooperation Institutions. The Organic law on provinces and prefectures sets out a role for these bodies in enhancing efficiency, solidarity and cooperation between the municipalities in the territory.
[1] Council of European Municipalities and Regions, Consultation procedures within European States, 2007.
[2] In terms of the national level, Article 71 of the 2011 Constitution broadly delineates the matters that fall within the field of the law (i.e. matters where parliament may exercise its legislative power). According to Article 72, matters other than those that fall within the field of the law are part of the regulatory domain.
[3] K. Cheggari, "Les apports de la nouvelle Constitution marocaine en matière de décentralisation territoriale", 9 February 2012, 9.
[4] Ibid., 10.
[5] Ibid.
