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2008 Assessment

Morocco: Integrity Indicators Scorecard

Morocco : Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	83
33	Are there regulations governing conflicts of interest by members of the national legislature?	29
34	Can citizens access the asset disclosure records of members of the national legislature?	0
35	Can citizens access legislative processes and documents?	67

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The control of the constitutionality of laws was submitted to the Constitutional Chamber of the Supreme Court up until the constitutional reform of 1992, which established the Constitutional Council. The current constitution (1996) makes mandatory the consideration of any law before its publication.

The Constitutional Council shall ensure a) regularity of the electoral operations, b) regularity of operations referendum, and c) it settles electoral disputes. The control of basic constitutionality of acts is either mandatory (prescribed in cases of laws and rules of procedure of parliament) or optional (deployed in the process of enactment of ordinary laws).

References: Moroccan Constitution of 1996 art. 53 and 81 Constitutional Council: Dahir No. 124-94-1, 14 Ramadan 1414 (25-02-1994) promulgating the Organic Law 93-29 on the Constitutional Council The experience of the Constitutional Council of Morocco. by. Abdellatif MENOUNI. www.cedroma.usj.edu.lb / pdf / cpayar / menoun.pdf

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: In 2004, Mr. Bendourou gave the following observation.

Since its establishment in 1994, "The Constitutional Council has been seized over ordinary laws five time,: three times by parliamentarians and twice by the Prime Minister."

References: The Constitutional Council O. Bendourou FC. [ LINK ].

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: According to Law No. 17-01, the prosecutor is competent to conduct a preliminary or procures all the procedures necessary to verify the allegations against the parliamentary question. Eventually, the prosecutor is in charge and can hear the question which can not evade a deposition or a hearing.

Once the file is finished, it is forwarded to the Attorney General of the king, who is in charge of formulating the request for authorization. The latter is submitted to the Minister of Justice, who transmits it to the Speaker of the House.

But Article 39 of the Constitution provides for the possibility for "the detention or prosecution of a member of parliament being suspended by the House when it is required."

In fact, "The committee for justice, law and human rights in the House of Councillors decided unanimously on July 2, the suspension of legal proceedings underway against Councilor Youssef Tazi, sued under the Criminal Division, (1st degree), at the Court of Appeal in Casablanca for complicity in the squandering of public money. "

References: Moroccan Constitution (1996), article 39 Law No. 17-01 (made for the implementation of Article 39 of the Constitution)

Are there regulations governing conflicts of interest by members of the national legislature?

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: There is a new law, but it is not promulgated yet.

References: Moroccan Constitution (1996) Organic Law No. 49.06 amending and supplementing the Organic Law No. 29.93 on the Constitutional Council Organic Law No. 50.06 amending and supplementing the Organic Law No. 31.97 on the House of Representatives Organic Law No. 49.06 amending and supplementing the Organic Law No. 29.93 on the House of Councillors Organic Law No. 51.06 amending and supplementing the Organic Law No. 32.97 on the financial courts

33b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There is no law about this aspect of the question.

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: There is no law on this.

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: There is a new law, but it is not promulgated yet.

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: No such restrictions exist. There are no guidelines or regulations with respect to gifts and hospitality offered to members of the executive branch.

References: Transparency News, Moroccan magazine of Transparency Morocco No. 3 available on the website [ LINK ] The Major Colonel Omar Akaaboun subject to investigation and property expropriated in Ahdath Maghribia, 13.09.2008 [ LINK ]

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: No such restrictions exist. There are no guidelines or regulations with respect to gifts and hospitality offered to members of the executive branch.

References: High-level survey (ordained by the king) on projects adopted around the city of Tetouan in Ahdath Maghribia, 14.09.2008 [ LINK ]

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: The law was adopted in late 2007. It has not yet been published in Official Gazette.

Can citizens access the asset disclosure records of members of the national legislature?

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: The law does not mention the right of access for citizens. In addition, there is no law on the right to access information.

34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: The law does not mention the right of access for citizens. In addition, there is no law on the right to information.

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: The law does not mention the right of access for citizens. In addition, there is no law on the right to access information.

References: Moroccan Constitution (1996) Organic Law No. 49.06 amending and supplementing the Organic Law No. 29.93 on the Constitutional Council Organic Law No. 50.06 amending and supplementing the Organic Law No. 31.97 on the House of Representatives Organic Law No. 49.06 amending and supplementing the Organic Law No. 29.93 on the House of Councillors\Organic Law No. 51.06 amending and supplementing the Organic Law No. 32.97 on the financial courts The Right to access information Transparency Maroc. Published by Friedrich Ebert 2007

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: The debates are published in the Official Bulletin. The PV are published on the website of the House of Representatives. It is planned at the House of Councillors.

The radio airs each Wednesday's meeting of oral questions and answers from the Government Members.

References: Organic Law No. 50.06 amending and supplementing the Organic Law No. 31.97 on the House of Representatives Organic Law No. 49.06 amending and supplementing the Organic Law No. 29.93 on the House of Councillors

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: The radio airs every Wednesday's meeting of oral questions and answers from the Government Members.

The parliament has two websites, one for each chamber. Several departments and some parliamentarians have their own websites.

When laws are published, the SGG (Government secretary) publish them on its website. The press is able to access this information. However, for the average citizen, he or she has more difficulty, because of limited access to the Intranet or because of illiteracy. There is no consideration taken for Berber-speaking groups or individuals with special needs, such as those who may be deaf, mute or disabled.

Audio visual communication is very important in a country where illiteracy is high.

References: The radio airs every Wednesday's meeting of oral questions and answers from the Government Members.

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: The radio airs every Wednesday's meeting of oral questions and answers from the Government Members.

References: The radio airs every Wednesday's meeting of oral questions and answers from the Government Members.