Types of legislation in the Moroccan law
Law objectively defined as the sum of the general legal rules and the naked and bound and characterized by permanence and stability of a certain period of time.
And technically it is known as a classic:
"Every act issued by the Parliament vote." The law definition of the standard formal became worthless after determining the field of law, Parliament is no longer competent to pass laws, as the task laws industry has become divided between Parliament and the executive branch, and even the field of law, parliament can become a delegation of government legislation which, so Mr. Abdul Rahman Omalo law defines that: "every act taken by the Parliament in the area set by the Constitution and make it confined him" and goes Professor Khalid Naciri to consider that "the law is seen as the basis of a dual definition of material and formality, it is specified in material terms under exclusive list of substances, in particular in the field of law under Chapter 45 and is specified in terms of form under Chapter 44 whereby those that become laws voted on by the Parliament without the other.
And Jean Marie Auby indicates that the French Constitution of 1958 criteria for the definition of the law: the classic formal standard was adopted, and which the law defines as: total texts voted on by the Parliament, and the physical criterion: total material width of Chapter 34, and is a chapter which identified in the field of law.
And the fact that it can not do without any of the criteria (material and formal) to provide a precise definition of the law, because if we relied only on the physical standard for the definition of the law and we canceled the formal definition Odvina recipe law on the regulations and administrative decisions, so it has to be a combination of the two standards to give definition of the law in light of an update to determine its scope in the French constitution and Moroccan.
Based on this legislation in the Moroccan vary depending on the point of law which Parliament and Datha- or Aovernmh- and depending on the field of legislation subject-area law or regulation field that --in addition to the Constitution, which transcends all of this legislation.
1. Constitution
The Constitution is the legal rules governing the form of the state group, and nature, and conduct system, and the basic principles in terms of rights and duties and public freedoms, collective and individual, and terms of reference of the supreme national institutions and relations among them. The rules of constitutional law supreme legal rules, and it is not issued by any legislative authority may be violating the law and only rule to be unconstitutional. Morocco has granted the first constitution of 1962 was revised in the years 1970 and 1972 and 1992 and 1996, and is one of the rigid constitutions that require complicated procedures modified. And the Moroccan constitution consists references by referendum in 1996 of a preamble and thirteen hundred and Baba includes eight chapters.
2. regulation
Regulatory laws is that the text of the Constitution as well, has made Moroccan constitutional legislator from the jurisdiction of the Parliament and counted in 9 fields are:
1. Organizational laws that show the conditions and procedures that enable the exercise of the right to vote (Chapter 14 of the Constitution).
2. Unless required by Chapter 21 of the Constitution of the functioning of the Trusteeship Council rules define a regulatory law (paragraph 2 of Chapter 21).
3. determine the number of members of the House of Representatives and the election system, and the terms of the ability to vote and cases of incompatibility and electoral disputes system (Vq 2 from P-37 d).
4. The number of members of the House of Councilors and their election system, and the number of members who are elected by voters every body, and the distribution of seats on the various regions of the Kingdom, and the terms of the ability to vote and cases of incompatibility, and the conduct of the lottery, and the organization of electoral disputes identifies regulatory law.
5. organic law determines the way to conduct fact-finding commissions (P 42 Vq final).
6. out in an organic law the terms of the vote on the Finance Bill (P 50 Vq 1).
7. organic law determines the rules of the organization and functioning of the Constitutional Council and the procedures followed in front of him especially with regard to the deadlines set for the various disputes it (Vq 1 chapter 80).
8. organic law determines the number of members of the Supreme Court and the method of their election, and also the ruler to be followed (P 92 d)
9. determines the installation of an organic law of the Supreme Economic and Social Council and organized way and validity and run it (P 95).
And incumbent on the Parliament during the adoption of the law the regulatory "to comply with the special procedures stipulated in the Constitution and the issuance depends on the intervention obligatory (much) of the Constitutional Council which makes the procedures relating to the regulatory laws more severe than those prescribed age for ordinary laws and less stringent than those of Duty followed when it comes to the introduction of amendments to some constitutional provisions. "
3. ordinary law
It includes ordinary legislation cited by the group in 46 of the Constitution of 1996 limited to, as well as freedoms set forth in Part I, and the law as laid down in different texts of the Constitution.
1. substances that restrict Chapter 46 of the 1996 Constitution.
Chapter 46 of the Aldstoraly states that: "respect the law in addition to material explicitly assigned other chapters of the Constitution, legislation in the following areas:
- Individual and collective rights set forth in Part I of this Constitution
- Identify and ongoing crimes and the Criminal Procedure and Civil Procedure and the preparation of new varieties of court sanctions.
- The Statute of the judges.
- The Statute of the Civil Service
- The fundamental guarantees granted to civilians and military personnel.
- Local assemblies and councils of the electoral system.
- Civil obligations and commercial system.
- Creation of public institutions.
- The nationalization of enterprises and transferred from the public sector to the private sector.
Parliament to vote on the validity of laws sets a framework of basic objectives of state activity in the economic, social and cultural. "
Regarding these materials Abderrahman Omalo confirms that the constitutional legislator generally make it the prerogative of the legislative branch without regard to formal or substantive issues.
And limit this list of the field of law have raised consensus doctrinal as reducing the powers of the legislature, as the law reflects the will of the nation through their representatives, and this will is the supreme will, so it can not determine the field of law limited, but the professor " Mohammed Involve "- and an exception to this Alajmaa- believes that the field of law in Morocco and a wide range because it extends to the most important aspects of economic life and the legal and social.
Given the topics contained in the P-46 of the 1996 Constitution notes that some are not devoid of ambiguity provoked controversy around him, despite attempts by the constitutional legislator to avoid it, particularly with regard to fundamental guarantees granted to state employees civilian and military ... What is meant fundamental guarantees granted to state employees private If it comes to that granted to military personnel; as the military field area beset usually strict confidentiality because it is linked to the field of important is the "state security" field, and no doubt that any such law leads inevitably - during the discussion - to the political debate, and is prompting King Hassan II - may God have mercy on him - to be asked of the political forces on the occasion of Fez events on 12.14.1990 to make the military field free from all political controversy.
And Abdul Rahman Omalo wonder whether these safeguards include the methods of appointment and promotion, and the position of the employee, as well as the recipe and help the ceremony, and the details of the administrative office of masterminding.
And also the mystery surrounding the jurisdiction of Parliament in the fields of economic, social and cultural, as the role does not exceed the limits of the vote on the law that sets the framework for these amendments.
2. The rights and individual freedoms and collective contained in Part I of the Constitution are:
- Civil rights and political: And are those relating to freedom of the formation and selection of political parties and trade union organizations (P 3), the equal enjoyment of political rights between men and women (P 8), freedom of belief and worship within the framework of Islamic controls (P 6), freedom curfew and freedom of stability in all parts of the Kingdom, freedom of association and to engage in any union or region or political (P 9), preventing restrict the freedom of the individual, but in the framework of the law and ensure the inviolability of the home (P 10), lack of confidentiality of correspondence violation (P 11), equality equal access to public positions and jobs (P 12).
- Economic rights and social and cultural: and are the rights of equality in education and employment (P 13), and the right to property and freedom of enterprise shall be guaranteed (P 15), and added duties on individuals and directly related to the rights mentioned example of defending the homeland right and duty of every citizen (P 16), carrying the public costs (P 17), and bear the costs resulting from natural disasters (P 18).
3. What is provided for in different texts of the Constitution:
- Chapter 31, which states in its second paragraph that: "King treaties signed and ratified by is that it does not ratify the treaties which have committing State finances only after the approval of the law".
- Chapter 45 in the second paragraph relating to the authorization law where Parliament may authorize the Government to proceed by decree in the areas falling within its competence.
- Chapter 49, which requires that it can not be extended to the blockade (30 days), but the law.
- Chapter 50 who made the Finance Act of Parliament to vote.
- Chapter 80, which states that "no isolated sentences judges and not transferred except in accordance with law."
- Chapter 99 who made the terms of reference of the Supreme Council and regional councils of the accounts and the rules of organization and functioning of the way determined by law.
- Chapter 100 who made the creation of the local government of the Kingdom (and those prefectures and regions and urban groups) is not only a law.
- Chapter 101 relating to the electoral system for local communities and the management of its affairs and the rules that make it from the jurisdiction of the law (paragraph 1), it turns out (paragraph 2) that the law defines the conditions for the implementation of the decisions of workers prefectures and regions and authorities.
These areas identified by the Moroccan constitutional text of the law and that if they look for many census and multiple it nevertheless remains a specific area of law, whatever its breadth.
But nevertheless it notes that the law in a wider area than in the French Constitution of the Moroccan constitution, he noted Professor "Muhammad Involve" that the field of law in the Moroccan Constitution seems - in some respects - wider than its counterpart in the French Constitution for two reasons:
First: I do not distinguish between the threads where the rules enacted law and those that only the development of the basic principles.
And the second is that the authority of the legislature in criminal matters and the creation of public institutions and a broader measure of the local communities in the Moroccan Constitution him in his French counterpart.
These areas identified by the Moroccan constitutional text of the law and that if they look for many census and multiple it nevertheless remains a specific area of law, whatever its breadth.
4. Royal Decrees
King legislative function accounts in the absence of parliament, either the end of his normal expiration or by solution or in the state of exception dam legislative vacuum by epithelia honest, considering as a law (plain or regulatory) to distinguish it from the noble Alzaair issued by the King to enforce the law.
And the king may have recourse to the exercise of legislative power and compensate for the political absence of the parliament after the end of his term so based on Chapter 19 of the Constitution and in particular to the mission of the High prince of the believers, and taking advantage at the same time from Scott Constitution to address the hypothesis in which the legislative elections postponed.
It can also be invoked to Chapter 72 of the Constitution (second paragraph) "... and in the meantime, King practiced in addition to the authorities vested in him under the Constitution, which specializes Salt guardian Parliament in the field of legislation," despite the fact that this chapter concerns the period after the solution but it It can be circulated to the absence of periods of Parliament.
And about the state of exception Despite marks Constitution (Chapter 35) that "... does not result from the state of exception to dissolve parliament," but it does not guarantee the Parliament exercise the legislative function and not even a meeting of its members and thus the legislative jurisdiction of the king remains free from any restriction /.
King in March and has the legislative function on behalf of the Parliament during the transitional period in the previous constitutions for the duration of the 1996 Constitution lasted more than a year about the Constitution of 1992, 5 years and 7 months concerning the Constitution of 1972 and 1970 about two months and 11 months Constitution concerning the Constitution of the 1996 Constitution 1962.oma was assigned the task of legislation during the transitional period for the House of Representatives and not the king, and it should be noted that the legislative measures taken in the transition do not have a specific area as it could have to intervene in all fields ..majal law normal and organizational and both types those enjoyed by the Head of State
5. The independent regulatory decrees.
Legislation intended independent regulatory authority in all areas except those expressly given to the Parliament under the requirements of the Constitution and exercised by decrees called Independent ordinances, and decrees are issued without reference to existing law it is a stand-alone are not based on another law working on its implementation. And some scholars have considered government legislation in the full sense of the legislation, making it in the eyes of many French and Moroccan jurists equal to the law in the hierarchy of legal norms in terms of position and rank and legal value.
And the area of the regulatory authority is very wide as indicated in the Chapter 47 of the Constitution by stating that other substances that are not covered by the jurisdiction of the law (ie ordinary law adopted by the Parliament) is unique to the regulatory field, there are many issues of a technical nature and partial can not be for parliament to take out such as the rules for the conduct of public utilities and to maintain security.
And independent decrees do not differ from ordinary law only in terms of the issuing agency, and the topics that they were made. They are like ordinary laws of where they are general and abstract and binding as they have the autonomy to its relationship with the law because they are in the area set by the Constitution regulatory authority framework, and is independent of the field for the field of law, and this position exception with him in Morocco Professor "Muhammad Involve "Where deny the independence of regulatory decrees about the law, and therefore makes it less status and rank of ordinary law adopted by the Parliament in the scope of his field says," ... and as well as the relative scarcity of independent regulatory decrees in relation to the laws on the one hand and by analogy also applied to the decrees of hand again, these decrees called Palmstqlh does not have only an imaginary independence, if we set aside the independence of the organic law on the laws as they are not issued pursuant to it, these decrees do not have any legal identity apart from other, it occupies in the hierarchy of legal rules include the same place occupied by all regulatory decree, and from here they are subject to the Constitution and international treaties and laws, and general principles of law which descend the status of the law, even if taken on the rehabilitation of a legislative "and the exclusion Professor Abdul Qadir Baanh arguing that the independent decrees, although it nominally are merely administrative decisions can appeal the revocation, but it occupies a position equal to the status of ordinary law.
It should be noted that the regulatory authority carried out by the Prime Minister based on Chapter 63 of the Constitution which states that "the Prime Minister exercises regulatory authority."
6. legislative decrees
And legislation adopted on Chapter 45 of the Constitution, a chapter which allows the government to take the legislation with the permission of Parliament, or what is termed "delegated legislation" and also called "decrees laws", also includes legislation to be taken based on Chapter 50 of the Constitution, which the government under which take credits necessary for the conduct of public facilities on the basis of what is proposed in the budget submitted for approval, and also includes decrees taken by the government in the intersessional period with the agreement of the parliamentary committees concerned, in both Houses and, based on Chapter 55 of the Constitution.
7. decrees.
Applied decrees or executive differs from the regulatory decrees of being "linked to the text of the existing legislative, and decree that the Prime Minister taken in this regard issued for the implementation of legal matters contained in this text," as it "sets necessary to facilitate the implementation of the law," the detailed rules for this relationship between the law and decree port to him is "the emergence of reciprocal where each and every one of them gives birth certificate for another relationship" can not imagine a law without action because the Parliament can not proceed with the particles for two reasons: First, because the laws established by the Parliament is generally limited to the development of general provisions and outline without going into details and particulars that are prone to constant change, and the second reason was expressed ease the burden on the legislature to devote themselves to the development of the principles and key issues. Because the law no matter how full it is in need of practical measures to be taken by decree.
And it is determined by the function of the applied Decree of being "separated where the most beautiful law and explains where circulated, and put procedures where the law did not put only the basic principles" and is thus can not lead these functions in the absence of law any independently of its scope is subject to the law and follow to him, it can not be that its requirements are incompatible with the requirements of the law - which seeks to Tnivh- and only counting illegal, and therefore could be challenged before the competent administrative court.
And the Moroccan constitution has also been given in Chapter 61 important laws through decrees implementation of the government where the text states: "The government is working on the implementation of laws under the responsibility of the Prime Minister, the administration placed at its disposal" The implementation of laws is not only collectively and this is one of the most important Photos of cooperation between the legislative branch and the executive institution.
Law objectively defined as the sum of the general legal rules and the naked and bound and characterized by permanence and stability of a certain period of time.
And technically it is known as a classic:
"Every act issued by the Parliament vote." The law definition of the standard formal became worthless after determining the field of law, Parliament is no longer competent to pass laws, as the task laws industry has become divided between Parliament and the executive branch, and even the field of law, parliament can become a delegation of government legislation which, so Mr. Abdul Rahman Omalo law defines that: "every act taken by the Parliament in the area set by the Constitution and make it confined him" and goes Professor Khalid Naciri to consider that "the law is seen as the basis of a dual definition of material and formality, it is specified in material terms under exclusive list of substances, in particular in the field of law under Chapter 45 and is specified in terms of form under Chapter 44 whereby those that become laws voted on by the Parliament without the other.
And Jean Marie Auby indicates that the French Constitution of 1958 criteria for the definition of the law: the classic formal standard was adopted, and which the law defines as: total texts voted on by the Parliament, and the physical criterion: total material width of Chapter 34, and is a chapter which identified in the field of law.
And the fact that it can not do without any of the criteria (material and formal) to provide a precise definition of the law, because if we relied only on the physical standard for the definition of the law and we canceled the formal definition Odvina recipe law on the regulations and administrative decisions, so it has to be a combination of the two standards to give definition of the law in light of an update to determine its scope in the French constitution and Moroccan.
Based on this legislation in the Moroccan vary depending on the point of law which Parliament and Datha- or Aovernmh- and depending on the field of legislation subject-area law or regulation field that --in addition to the Constitution, which transcends all of this legislation.
1. Constitution
The Constitution is the legal rules governing the form of the state group, and nature, and conduct system, and the basic principles in terms of rights and duties and public freedoms, collective and individual, and terms of reference of the supreme national institutions and relations among them. The rules of constitutional law supreme legal rules, and it is not issued by any legislative authority may be violating the law and only rule to be unconstitutional. Morocco has granted the first constitution of 1962 was revised in the years 1970 and 1972 and 1992 and 1996, and is one of the rigid constitutions that require complicated procedures modified. And the Moroccan constitution consists references by referendum in 1996 of a preamble and thirteen hundred and Baba includes eight chapters.
2. regulation
Regulatory laws is that the text of the Constitution as well, has made Moroccan constitutional legislator from the jurisdiction of the Parliament and counted in 9 fields are:
1. Organizational laws that show the conditions and procedures that enable the exercise of the right to vote (Chapter 14 of the Constitution).
2. Unless required by Chapter 21 of the Constitution of the functioning of the Trusteeship Council rules define a regulatory law (paragraph 2 of Chapter 21).
3. determine the number of members of the House of Representatives and the election system, and the terms of the ability to vote and cases of incompatibility and electoral disputes system (Vq 2 from P-37 d).
4. The number of members of the House of Councilors and their election system, and the number of members who are elected by voters every body, and the distribution of seats on the various regions of the Kingdom, and the terms of the ability to vote and cases of incompatibility, and the conduct of the lottery, and the organization of electoral disputes identifies regulatory law.
5. organic law determines the way to conduct fact-finding commissions (P 42 Vq final).
6. out in an organic law the terms of the vote on the Finance Bill (P 50 Vq 1).
7. organic law determines the rules of the organization and functioning of the Constitutional Council and the procedures followed in front of him especially with regard to the deadlines set for the various disputes it (Vq 1 chapter 80).
8. organic law determines the number of members of the Supreme Court and the method of their election, and also the ruler to be followed (P 92 d)
9. determines the installation of an organic law of the Supreme Economic and Social Council and organized way and validity and run it (P 95).
And incumbent on the Parliament during the adoption of the law the regulatory "to comply with the special procedures stipulated in the Constitution and the issuance depends on the intervention obligatory (much) of the Constitutional Council which makes the procedures relating to the regulatory laws more severe than those prescribed age for ordinary laws and less stringent than those of Duty followed when it comes to the introduction of amendments to some constitutional provisions. "
3. ordinary law
It includes ordinary legislation cited by the group in 46 of the Constitution of 1996 limited to, as well as freedoms set forth in Part I, and the law as laid down in different texts of the Constitution.
1. substances that restrict Chapter 46 of the 1996 Constitution.
Chapter 46 of the Aldstoraly states that: "respect the law in addition to material explicitly assigned other chapters of the Constitution, legislation in the following areas:
- Individual and collective rights set forth in Part I of this Constitution
- Identify and ongoing crimes and the Criminal Procedure and Civil Procedure and the preparation of new varieties of court sanctions.
- The Statute of the judges.
- The Statute of the Civil Service
- The fundamental guarantees granted to civilians and military personnel.
- Local assemblies and councils of the electoral system.
- Civil obligations and commercial system.
- Creation of public institutions.
- The nationalization of enterprises and transferred from the public sector to the private sector.
Parliament to vote on the validity of laws sets a framework of basic objectives of state activity in the economic, social and cultural. "
Regarding these materials Abderrahman Omalo confirms that the constitutional legislator generally make it the prerogative of the legislative branch without regard to formal or substantive issues.
And limit this list of the field of law have raised consensus doctrinal as reducing the powers of the legislature, as the law reflects the will of the nation through their representatives, and this will is the supreme will, so it can not determine the field of law limited, but the professor " Mohammed Involve "- and an exception to this Alajmaa- believes that the field of law in Morocco and a wide range because it extends to the most important aspects of economic life and the legal and social.
Given the topics contained in the P-46 of the 1996 Constitution notes that some are not devoid of ambiguity provoked controversy around him, despite attempts by the constitutional legislator to avoid it, particularly with regard to fundamental guarantees granted to state employees civilian and military ... What is meant fundamental guarantees granted to state employees private If it comes to that granted to military personnel; as the military field area beset usually strict confidentiality because it is linked to the field of important is the "state security" field, and no doubt that any such law leads inevitably - during the discussion - to the political debate, and is prompting King Hassan II - may God have mercy on him - to be asked of the political forces on the occasion of Fez events on 12.14.1990 to make the military field free from all political controversy.
And Abdul Rahman Omalo wonder whether these safeguards include the methods of appointment and promotion, and the position of the employee, as well as the recipe and help the ceremony, and the details of the administrative office of masterminding.
And also the mystery surrounding the jurisdiction of Parliament in the fields of economic, social and cultural, as the role does not exceed the limits of the vote on the law that sets the framework for these amendments.
2. The rights and individual freedoms and collective contained in Part I of the Constitution are:
- Civil rights and political: And are those relating to freedom of the formation and selection of political parties and trade union organizations (P 3), the equal enjoyment of political rights between men and women (P 8), freedom of belief and worship within the framework of Islamic controls (P 6), freedom curfew and freedom of stability in all parts of the Kingdom, freedom of association and to engage in any union or region or political (P 9), preventing restrict the freedom of the individual, but in the framework of the law and ensure the inviolability of the home (P 10), lack of confidentiality of correspondence violation (P 11), equality equal access to public positions and jobs (P 12).
- Economic rights and social and cultural: and are the rights of equality in education and employment (P 13), and the right to property and freedom of enterprise shall be guaranteed (P 15), and added duties on individuals and directly related to the rights mentioned example of defending the homeland right and duty of every citizen (P 16), carrying the public costs (P 17), and bear the costs resulting from natural disasters (P 18).
3. What is provided for in different texts of the Constitution:
- Chapter 31, which states in its second paragraph that: "King treaties signed and ratified by is that it does not ratify the treaties which have committing State finances only after the approval of the law".
- Chapter 45 in the second paragraph relating to the authorization law where Parliament may authorize the Government to proceed by decree in the areas falling within its competence.
- Chapter 49, which requires that it can not be extended to the blockade (30 days), but the law.
- Chapter 50 who made the Finance Act of Parliament to vote.
- Chapter 80, which states that "no isolated sentences judges and not transferred except in accordance with law."
- Chapter 99 who made the terms of reference of the Supreme Council and regional councils of the accounts and the rules of organization and functioning of the way determined by law.
- Chapter 100 who made the creation of the local government of the Kingdom (and those prefectures and regions and urban groups) is not only a law.
- Chapter 101 relating to the electoral system for local communities and the management of its affairs and the rules that make it from the jurisdiction of the law (paragraph 1), it turns out (paragraph 2) that the law defines the conditions for the implementation of the decisions of workers prefectures and regions and authorities.
These areas identified by the Moroccan constitutional text of the law and that if they look for many census and multiple it nevertheless remains a specific area of law, whatever its breadth.
But nevertheless it notes that the law in a wider area than in the French Constitution of the Moroccan constitution, he noted Professor "Muhammad Involve" that the field of law in the Moroccan Constitution seems - in some respects - wider than its counterpart in the French Constitution for two reasons:
First: I do not distinguish between the threads where the rules enacted law and those that only the development of the basic principles.
And the second is that the authority of the legislature in criminal matters and the creation of public institutions and a broader measure of the local communities in the Moroccan Constitution him in his French counterpart.
These areas identified by the Moroccan constitutional text of the law and that if they look for many census and multiple it nevertheless remains a specific area of law, whatever its breadth.
4. Royal Decrees
King legislative function accounts in the absence of parliament, either the end of his normal expiration or by solution or in the state of exception dam legislative vacuum by epithelia honest, considering as a law (plain or regulatory) to distinguish it from the noble Alzaair issued by the King to enforce the law.
And the king may have recourse to the exercise of legislative power and compensate for the political absence of the parliament after the end of his term so based on Chapter 19 of the Constitution and in particular to the mission of the High prince of the believers, and taking advantage at the same time from Scott Constitution to address the hypothesis in which the legislative elections postponed.
It can also be invoked to Chapter 72 of the Constitution (second paragraph) "... and in the meantime, King practiced in addition to the authorities vested in him under the Constitution, which specializes Salt guardian Parliament in the field of legislation," despite the fact that this chapter concerns the period after the solution but it It can be circulated to the absence of periods of Parliament.
And about the state of exception Despite marks Constitution (Chapter 35) that "... does not result from the state of exception to dissolve parliament," but it does not guarantee the Parliament exercise the legislative function and not even a meeting of its members and thus the legislative jurisdiction of the king remains free from any restriction /.
King in March and has the legislative function on behalf of the Parliament during the transitional period in the previous constitutions for the duration of the 1996 Constitution lasted more than a year about the Constitution of 1992, 5 years and 7 months concerning the Constitution of 1972 and 1970 about two months and 11 months Constitution concerning the Constitution of the 1996 Constitution 1962.oma was assigned the task of legislation during the transitional period for the House of Representatives and not the king, and it should be noted that the legislative measures taken in the transition do not have a specific area as it could have to intervene in all fields ..majal law normal and organizational and both types those enjoyed by the Head of State
5. The independent regulatory decrees.
Legislation intended independent regulatory authority in all areas except those expressly given to the Parliament under the requirements of the Constitution and exercised by decrees called Independent ordinances, and decrees are issued without reference to existing law it is a stand-alone are not based on another law working on its implementation. And some scholars have considered government legislation in the full sense of the legislation, making it in the eyes of many French and Moroccan jurists equal to the law in the hierarchy of legal norms in terms of position and rank and legal value.
And the area of the regulatory authority is very wide as indicated in the Chapter 47 of the Constitution by stating that other substances that are not covered by the jurisdiction of the law (ie ordinary law adopted by the Parliament) is unique to the regulatory field, there are many issues of a technical nature and partial can not be for parliament to take out such as the rules for the conduct of public utilities and to maintain security.
And independent decrees do not differ from ordinary law only in terms of the issuing agency, and the topics that they were made. They are like ordinary laws of where they are general and abstract and binding as they have the autonomy to its relationship with the law because they are in the area set by the Constitution regulatory authority framework, and is independent of the field for the field of law, and this position exception with him in Morocco Professor "Muhammad Involve "Where deny the independence of regulatory decrees about the law, and therefore makes it less status and rank of ordinary law adopted by the Parliament in the scope of his field says," ... and as well as the relative scarcity of independent regulatory decrees in relation to the laws on the one hand and by analogy also applied to the decrees of hand again, these decrees called Palmstqlh does not have only an imaginary independence, if we set aside the independence of the organic law on the laws as they are not issued pursuant to it, these decrees do not have any legal identity apart from other, it occupies in the hierarchy of legal rules include the same place occupied by all regulatory decree, and from here they are subject to the Constitution and international treaties and laws, and general principles of law which descend the status of the law, even if taken on the rehabilitation of a legislative "and the exclusion Professor Abdul Qadir Baanh arguing that the independent decrees, although it nominally are merely administrative decisions can appeal the revocation, but it occupies a position equal to the status of ordinary law.
It should be noted that the regulatory authority carried out by the Prime Minister based on Chapter 63 of the Constitution which states that "the Prime Minister exercises regulatory authority."
6. legislative decrees
And legislation adopted on Chapter 45 of the Constitution, a chapter which allows the government to take the legislation with the permission of Parliament, or what is termed "delegated legislation" and also called "decrees laws", also includes legislation to be taken based on Chapter 50 of the Constitution, which the government under which take credits necessary for the conduct of public facilities on the basis of what is proposed in the budget submitted for approval, and also includes decrees taken by the government in the intersessional period with the agreement of the parliamentary committees concerned, in both Houses and, based on Chapter 55 of the Constitution.
7. decrees.
Applied decrees or executive differs from the regulatory decrees of being "linked to the text of the existing legislative, and decree that the Prime Minister taken in this regard issued for the implementation of legal matters contained in this text," as it "sets necessary to facilitate the implementation of the law," the detailed rules for this relationship between the law and decree port to him is "the emergence of reciprocal where each and every one of them gives birth certificate for another relationship" can not imagine a law without action because the Parliament can not proceed with the particles for two reasons: First, because the laws established by the Parliament is generally limited to the development of general provisions and outline without going into details and particulars that are prone to constant change, and the second reason was expressed ease the burden on the legislature to devote themselves to the development of the principles and key issues. Because the law no matter how full it is in need of practical measures to be taken by decree.
And it is determined by the function of the applied Decree of being "separated where the most beautiful law and explains where circulated, and put procedures where the law did not put only the basic principles" and is thus can not lead these functions in the absence of law any independently of its scope is subject to the law and follow to him, it can not be that its requirements are incompatible with the requirements of the law - which seeks to Tnivh- and only counting illegal, and therefore could be challenged before the competent administrative court.
And the Moroccan constitution has also been given in Chapter 61 important laws through decrees implementation of the government where the text states: "The government is working on the implementation of laws under the responsibility of the Prime Minister, the administration placed at its disposal" The implementation of laws is not only collectively and this is one of the most important Photos of cooperation between the legislative branch and the executive institution.
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