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2008 Assessment

Morocco: Integrity Indicators Scorecard

Morocco : Integrity Scorecard Report > Sub-Category: Budget Processes
Indicators		Score
40	Can the legislature provide input to the national budget?	17
41	Can citizens access the national budgetary process?	33
42	Is there a separate legislative committee which provides oversight of public funds?	0
43	Is the legislative committee overseeing the expenditure of public funds effective?	17

Indicator and sub-Indicator Details

Can the legislature provide input to the national budget?

40a: In law, the legislature can amend the budget.

Score:

YES

Comments: Parliament can only introduce amendments that are limited under the balance and structure prepared by the government. Article 51 of the Constitution stipulates that proposals to parliament's amendments are not admissible if they result in a) a reduction of public resources, b) the creation of new charges, c) the aggravation of an existing public charge.

References: Moroccan Constitution Article 51

Peer Review Comments: The amendments can be introduced, but still only in theory, because in practice, the Finance minister can always use the right that given to him in the constitution to adopt the budget.

40b: In practice, significant public expenditures require legislative approval.

Score:

100

$Scoring Criteria :: 100 Score Criteria: All significant government expenditures (defined as any project costing more than 1% of the total national budget), must be approved by the legislature. This includes defense and secret programs, which may be debated in closed hearings. <p>50 Score Criteria: Most significant government expenditures (as defined) are approved by the legislature, but some exceptions to this rule exist. This may include defense programs, an executive\'s personal budget, or other expenses. <p>0 Score Criteria: The legislature does not have the power to approve or disapprove large portions of the government budget, or the legislature does not exercise this power in a meaningful way.$

Comments: Apart from the vote on the budget, there are budget rectification situations.

In 2008, despite the importance of the budget that government will move from one position to another, the executive has chosen the path of expediency and administrative decree.

While the fiscal reforms of the 1980s and 1990s have paved the way for this procedure, it was in another political context in which government sought to avoid political debate, particularly in the turbulent climate years marked by the structural adjustment program of MIF and World Bank, excessive public debt and the uprisings because of increases in commodity prices.

USFP, the main party aligned with the majority party to form the government, issued a statement of the political bureau in July 2008 calling for respect of parliament and public opinion and the need for the government to pass a finance bill amendment and submit it for discussion and approval of the members of parliament.

References: Moroccan Constitution article 50.

Statement by the political bureau of the USFP in Al Ittihad ichtiraqui of 14-07-2008

Ngadi Abdellatif: The opening budget, citizen participation and the test of vicissitudes of Moroccan 2008 Budget. (Additional analysis of the news for International Budget Project. July 2008)

Nadia Salah: In the Democrats economist 21/7/2008

40c: In practice, the legislature has sufficient capacity to monitor the budget process and provide input or changes.

Score:

100

Comments: It is a structural weakness of parliament. Balkanization of the political landscape does not allow the existence of strong and influential majority. There is an issue with absenteeism of members of parliament when it is time to vote on the budget. Lack of adequate human and material resources to process information and make proposals is also an issue.

References: Ngadi Abdellatif: The opening budget, citizen participation and the test of vicissitudes of Moroccan 2008 Budget. (Additional analysis of the news for International Budget Project. July 2008)

The Finance Act 2008 passed by 96 deputies on the 325 account that the House of Representatives In Aujourd'hui le Maroc, news paper ( 3-12-2007 )

Can citizens access the national budgetary process?

41a: In practice, the national budgetary process is conducted in a transparent manner in the debating stage (i.e. before final approval).

Score:

100

Comments: The radio and television air the vote and debates of the public meeting, but the earlier work of examination and commissions are not open to the public. The website of the Ministry of Finances gives information about the main texts and information on the budget.

References: Article 50

Ngadi Abdellatif: The opening budget, citizen participation and the test of vicissitudes of Moroccan 2008 Budget. (Additional analysis of the news for International Budget Project. July 2008)

Nadia Salah: In the Democrats economist 21/7/2008 http//www.finances.gov.ma

41b: In practice, citizens provide input at budget hearings.

Score:

100

Comments: No participation of citizens is provided by law, even when they are organized in an association.

References: Right of access to information. Transparency Morocco Arabic edition in October 2006 seminar on the right of access to information. Association ADALA [ LINK ]

41c: In practice, citizens can access itemized budget allocations.

Score:

100

Comments: Access to complete and precise information remains very difficult.

References: Right of access to information. Transparency Morocco Arabic edition in October 2006 seminar on the right of access to information. Association ADALA [ LINK ]

Is there a separate legislative committee which provides oversight of public funds?

42: In law, is there a separate legislative committee which provides oversight of public funds?

Score:

YES

Comments: The Ministry of Finance through the work of the Budget Directorate presents the necessary documents to vote and the law of finance regulation.

The parliament monitors and controls the budget through three mechanisms: written and oral questions, complaints about sector committees, and the ad hoc parliamentary commissions of inquiry.

There is no inspection committee of the budget.

References: Moroccan Constitution of 1996 Organic Law of Finance (LOF) No. 7-98 promulgated by Dahir No. 1-.98.138 of 7 Chaabane 1419 (26-11-1998) Organic Law of Finance No. 14.00 promulgated by Dahir No. 1.00.195 of 14 Moharram 1421 (19-04-2004) amending and supplementing the LOF No 7.98 The Budget of the State Ministry of Finance and Privatization 1st edition 2004, 270 pages. Budgetary Reform Guide: Minister of Finance and Privatization 2005, pp.61-68

Is the legislative committee overseeing the expenditure of public funds effective?

43a: In practice, department heads regularly submit reports to this committee.

Score:

100

Comments: The Ministry of Finance through the work of the Budget Directorate presents the necessary documents to vote and the law of finance regulation.

The parliament monitors and controls the budget through three mechanisms: written and oral questions, complaints about sector committees, and the ad hoc parliamentary commissions of inquiry.

There is no inspection committee of the budget.

43b: In practice, the committee acts in a non-partisan manner with members of opposition parties serving on the committee in an equitable fashion.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The committee is comprised of legislators from both the ruling party (or parties) and opposition parties in a roughly equitable distribution. All members of the committee -- including opposition party members -- are able to fully participate in the activities of the committee and influence the committee\'s work to roughly the same extent as any other member of the committee. <p>50 Score Criteria: The committee is comprised of legislators from both the ruling party (or parties) and opposition parties although the ruling party has a disproportionate share of committee seats. The chairperson of the committee may be overly influential and curb other members\' ability to shape the committee's activities. <p>0 Score Criteria: The committee is dominated by legislators of the ruling party and/or the committee chairperson. Opposition legislators serving on the committee have in practice no way to influence the work of the committee.$

Comments: The Ministry of Finance through the work of the Budget Directorate presents the necessary documents to vote and the law of finance regulation.

The parliament monitors and controls the budget through three mechanisms: written and oral questions, complaints about sector committees, and the ad hoc parliamentary commissions of inquiry.

There is no inspection committee of the budget. When a parliamentary committee of inquiry is set up, partisan balance is generally respected.

43c: In practice, when necessary, this committee initiates independent investigations into financial irregularities.

Score:

100

Comments: There is no inspection committee for the budget. In 2000, the two houses of parliament established two parliamentary committees of inquiry. These related to the case of Mortgaging and Hotel (CIH) and the Social Security National Fund (CNSS).

The case of CIH resulted in a trial that has raised much criticism because of the lack of prosecution of those inviduals called into question. In the case of the CNSS no concrete result has been reported.

References: Moroccan Constitution of 1996 Organic Law of Finance (LOF) No. 7-98 promulgated by Dahir No. 1-.98.138 of 7 Chaabane 1419 (26-11-1998) Organic Law of Finance No. 14.00 promulgated by Dahir No. 1.00.195 of 14 Moharram 1421 (19-04-2004) amending and supplementing the LOF No 7.98 "The Budget of the State Ministry of Finance and Privatization 1st edition 2004, 270 pages. Guide budgetary reform: Minister of Finance and Privatization 2005, pp.61-68