Constitutional Court (Morocco)

Constitutional Court
المحكمة الدستورية
File:Cour-Constitutionnelle-Maroc.png Constitutional Court of Morocco
Established	2011
Jurisdiction	Morocco
Location	Rabat
Coordinates	33°57′19″N 6°52′16″W Fatal error: The format of the coordinate could not be determined. Parsing failed.
Composition method	Constitutional court
Authorized by	2011 Constitution Organic Law No. 066.13 on the Constitutional Court
Judge term length	9 years, non-renewable
Number of positions	12
Website	cour-constitutionnelle.ma
President
Currently	Mohammed Amine Benabdallah
Since	30 November 2023

The Constitutional Court of Morocco (, Al Mahkama Al Dustūrīya) is the supreme constitutional court of the Kingdom of Morocco, established under the 2011 Constitution, it replaced the Constitutional Council and is headquartered in Rabat. The court is responsible for ensuring the supremacy of the Constitution through the review of the constitutionality of laws, as well as for ruling on matters assigned to it by the Constitution and organic laws, including disputes concerning the validity of parliamentary elections and referendums and constitutional challenges raised during legal proceedings.

The court consists of twelve members appointed for non-renewable nine-year terms. Six members are appointed by the King, including one proposed by the head of High Council of Ulema, while the other six are elected by the Parliament, with three elected by the House of Representatives and three by the House of Councillors. The king appoints the president of the court from among its members.

The court exercises both prior and subsequent constitutional review. Organic laws and the rules of procedure of both chambers of Parliament are referred to it before promulgation or implementation, respectively, while ordinary laws may be referred to it before promulgation by the authorities and parliamentary minorities specified in the Constitution. It also has jurisdiction over constitutional challenges raised during court proceedings where a party argues that a law applicable to the dispute infringes rights and freedoms guaranteed by the Constitution.

In addition to constitutional review, the court rules on the validity of parliamentary elections and referendums and exercises other powers assigned to it by the Constitution and organic laws. Its jurisdiction also includes certain disputes concerning the respective spheres of legislative and governmental authority. The Constitution provides that its decisions are binding on public authorities and all administrative and judicial authorities and are not subject to appeal.

Where the court declares a provision unconstitutional in the course of prior review, the provision may not be promulgated or implemented. A provision declared unconstitutional following a constitutional challenge is repealed from the date specified by the court in its decision. These effects form part of the constitutional mechanism for safeguarding the supremacy of the Constitution and the rights and freedoms it guarantees.

History

The foundations of constitutional justice in Morocco were established by the 1962 Constitution, which created a Constitutional Chamber within the Supreme Court. The system subsequently evolved through successive constitutional revisions. The 1992 constitutional revision replaced the Constitutional Chamber with an independent Constitutional Council, while the 2011 Constitution established the Constitutional Court in its place and expanded the scope of constitutional review, including the introduction of the mechanism for constitutional challenges to laws raised during judicial proceedings.

Constitutional Chamber (1962–1992)

The 1962 Constitution established the first institutional framework for constitutional justice in Morocco by creating a Constitutional Chamber within the Supreme Court, then the highest body in the country's judicial system. The chamber was the first Moroccan institution entrusted with constitutional functions and exercised constitutional review within the framework established by the country's first Constitution. Its first decision was issued on 31 December 1963, when the Constitutional Chamber ruled on the conformity of provisions of the House of Representatives' rules of procedure with the Constitution.

The Constitutional Chamber remained in operation for more than three decades and represented the first stage in the development of constitutional adjudication in Morocco. During this period, it issued 831 decisions and developed an early body of constitutional jurisprudence concerning constitutional review and electoral matters, before the system was replaced by an institution with greater organisational independence following the 1992 constitutional revision.

Constitutional Council (1992–2011)

The 1992 constitutional revision brought a major institutional change to Moroccan constitutional justice by establishing a Constitutional Council independent of the ordinary judicial system and granting it broader powers than those previously exercised by the Constitutional Chamber. The reform formed part of a wider process of constitutional and institutional changes aimed at strengthening the rule of law and developing mechanisms for constitutional review.

The Constitutional Council's legal framework was completed with the enactment of Organic Law No. 29.93 on the Constitutional Council in 1994. The council was installed in March of that year and began exercising its functions as an institution independent of the judicial system. It continued to operate until the establishment of the Constitutional Court under the 2011 Constitution. During its period of operation from 1994 to 2017, the Constitutional Council issued 1,043 decisions covering constitutional review, electoral disputes and other matters within its jurisdiction.

Establishment of the Constitutional Court (2011–2017)

The 2011 Constitution established the Constitutional Court to replace the Constitutional Council and devoted Title VIII to the court, in Articles 129 to 134. The new constitutional framework expanded the scope of constitutional justice by introducing the mechanism for constitutional challenges to laws raised during judicial proceedings, while also setting out the court's jurisdiction over electoral disputes, referendums and certain disputes between Parliament and the government.

Organic Law No. 066.13 on the Constitutional Court, enacted on 13 August 2014, established rules governing the organisation and functioning of the court, proceedings before it and the legal status of its members. The existing Constitutional Council continued to exercise its functions during the transitional period until the Constitutional Court was installed, pursuant to Article 177 of the Constitution and Article 48 of the organic law.

Constitutional Court (2017–present)

The Constitutional Court in its present form was installed on 4 April 2017 following the appointment and election of its members in accordance with the new constitutional and legal framework. It subsequently assumed responsibility for constitutional review, electoral disputes and the other functions assigned to it by the 2011 Constitution and organic laws.

The legal framework governing the court was subsequently amended. Organic Law No. 36.24 amended and supplemented Organic Law No. 066.13, including provisions concerning electoral disputes, the status of certain members, the publication of the court's decisions and their legal effects. The Constitutional Court's official legal references also list Organic Law No. 35.24 concerning the conditions and procedures for raising a constitutional challenge to a law, completing the legislative framework provided for by Article 133 of the Constitution.

Jurisdiction

The Constitutional Court exercises the powers assigned to it by the Constitution and organic laws. Its jurisdiction primarily covers the review of the constitutionality of laws and related legal instruments, the protection of constitutional rights and freedoms, disputes concerning parliamentary elections and referendums, certain disputes between the legislative and executive branches, and other constitutional and consultative matters.

1. Review of organic laws: Organic laws are referred to the Constitutional Court after being passed by Parliament and before their promulgation, for a determination of their conformity with the Constitution. This review is mandatory, and the organic laws concerned cannot enter into force before the constitutional review has been completed.
2. Review of rules of procedure of constitutional institutions: The rules of procedure of the House of Representatives and the House of Councillors, as well as those of other councils and institutions whose rules are required by the Constitution or an organic law to be submitted to the court, are referred to it before they are implemented, for review of their conformity with the Constitution.
3. Review of ordinary laws: Ordinary laws may be referred to the Constitutional Court before their promulgation by the King, the Head of Government, the president of the House of Representatives, the president of the House of Councillors, one-fifth of the members of the House of Representatives, or 40 members of the House of Councillors, for a determination of their conformity with the Constitution.
4. Review of international commitments: The court rules, in cases referred to it, on the conformity of international commitments with the Constitution. If it determines that an international commitment contains a provision contrary to the Constitution, the commitment may not be ratified until the Constitution has been amended to remove the incompatibility.
5. Constitutional challenges to laws: The court has jurisdiction to consider a challenge to a legislative provision that is to be applied in a pending case where one of the parties argues that the provision infringes a right or freedom guaranteed by the Constitution. Organic Law No. 35.24 establishes the conditions and procedures governing this mechanism, with its provisions entering into force after the transitional period specified by the law.
6. Parliamentary electoral disputes: The court adjudicates challenges concerning the election of members of the House of Representatives and the House of Councillors. Depending on its findings, it may reject a challenge, declare it inadmissible, annul an election in whole or in part, correct the electoral calculations and, where appropriate, declare the legally elected candidate.
7. Review of referendums: The court supervises the validity of referendum operations, including the accuracy of the general count of votes cast, and announces the final results of the referendum by decision.
8. Review of constitutional revision procedures: The court has jurisdiction to review the validity of procedures for revising the Constitution and to proclaim the results in the cases specified by the Constitution.
9. Disputes concerning the respective domains of law and regulation: The court adjudicates certain disputes between Parliament and the government concerning whether a legislative proposal or amendment falls within the domain of legislation or within the regulatory domain, in accordance with the conditions and procedures established by the Constitution.
10. Disputes concerning parliamentary committees of inquiry: Under the organic law governing parliamentary committees of inquiry, the court adjudicates certain disputes concerning the application of that law, particularly where a dispute prevents the normal functioning of a committee.
11. Consultative functions involving the president of the court: The king consults the president of the Constitutional Court in cases specified by the Constitution, including the declaration of a state of exception, the dissolution of both chambers of Parliament or either of them, and the submission of certain constitutional revision proposals to Parliament. The head of government also consults the president of the court before dissolving the House of Representatives by decree.

The court decides these matters according to procedures that vary according to the nature of the referral or dispute, including the authority entitled to refer a matter, applicable time limits, admissibility requirements and the legal effects of its decisions.

Proceedings

Proceedings before the Constitutional Court vary according to the nature of the matter brought before it. The principal procedures include constitutional referrals concerning the review of legislation before promulgation, electoral disputes, and constitutional challenges to laws. Proceedings before the court are generally conducted in writing, and its hearings are not public unless an organic law provides otherwise.

Constitutional referrals

Organic laws are mandatorily referred to the Constitutional Court before their promulgation, while the rules of procedure of institutions whose rules are required by the Constitution to be reviewed by the court are referred to it before they enter into force. Ordinary laws and international commitments are referred to the Court by the authorities constitutionally empowered to do so and subject to the conditions and time limits prescribed by the Constitution.

The court examines the referred text and determines its conformity with the Constitution before issuing a reasoned decision. As a general rule, the Court must decide on referrals concerning the conformity of laws and rules of procedure within one month of the referral. The period is reduced to eight days where the government requests an expedited review.

Electoral disputes

Challenges concerning the election of members of Parliament are brought before the Constitutional Court by a written petition submitted to its registry. The petition must contain the information and supporting documents required by the applicable organic law and must be accompanied by the evidence relied upon in support of the grounds of challenge. An electoral challenge does not suspend the effects of the election, and petitions are exempt from judicial, stamp and registration fees.

The court considers electoral challenges through written proceedings. Where appropriate, it may hear the parties in the presence of their counsel, obtain expert assistance and conduct inquiries into the grounds raised before it. It may also designate one or more of its members to visit the electoral district concerned where this is necessary for the investigation. Once a case is ready for judgment, the court rules within 60 days. It may, however, reject or declare a petition inadmissible without conducting a prior investigation where it is clear that the alleged irregularity could not have affected the election results.

Decisions of the court concerning electoral disputes are notified to the authority responsible for receiving candidate declarations. That authority then notifies the candidates whose election has been challenged, the petitioner and the parties' counsel, where applicable, as well as the House of Representatives or the House of Councillors, as appropriate, within 30 days of the date of the decision.

Constitutional challenges to laws

Article 133 of the Constitution provides for the mechanism of constitutional challenges to laws and entrusts an organic law with determining its conditions and procedures. Organic Law No. 35.24 provides for a constitutional challenge to be raised before courts throughout Morocco and, in specified circumstances, directly before the Constitutional Court in connection with disputes concerning the election of members of Parliament. The challenge must concern a legislative provision in force that is to be applied in the proceedings, and the party raising it must argue that the provision infringes a right or freedom guaranteed by the Constitution.

Under the organic law, a constitutional challenge must, on pain of inadmissibility, be raised in a separate written memorandum signed by a lawyer admitted to plead before the Court of Cassation, unless it is raised by a member of the public prosecution service. The memorandum must identify the legislative provision challenged and the right or freedom alleged to have been infringed. It must also establish that the provision has been applied, is to be applied in the proceedings, or forms the basis of the prosecution, as applicable. The prescribed court fee must be paid unless the person raising the challenge benefits from legal aid or the underlying proceedings are exempt from fees by law. The memorandum must also be accompanied by the required copies and documents.

As a general rule, a constitutional challenge may not be raised for the first time on appeal, except in circumstances specified by law, including where the judgment was rendered in absentia against the person raising the challenge or where the lower court applied a legislative provision that had not previously been raised by the parties. A challenge may not be raised before the Court of Cassation except in cases in which it exercises jurisdiction as a trial court. In all cases, the challenge must be raised before the case is considered ready for judgment. Courts may not raise a constitutional challenge on their own initiative.

After a constitutional challenge is raised before a first- or second-instance court, the court verifies whether the memorandum satisfies the formal requirements within a maximum period of eight days. Where it identifies a curable defect, it orders the person raising the challenge to correct the procedure within a period not exceeding four days. If the requirements are satisfied, the court issues a decision accepting the referral of the challenge to the Court of Cassation. If the memorandum does not satisfy the applicable requirements, the court rejects the referral by a reasoned decision, which is not subject to appeal.

Upon receiving a constitutional challenge referred to it, the Court of Cassation examines two principal conditions: whether there is a connection between the challenged legislative provision and the constitutional right or freedom alleged to have been infringed, and whether the same provision has previously been declared constitutional, unless the constitutional grounds underlying the earlier decision have changed. The Court of Cassation issues a reasoned decision within a maximum period of 15 days. Where the challenge satisfies the applicable conditions, it refers the matter to the Constitutional Court; otherwise, it rejects the referral by a decision that is not subject to appeal.

After receiving the challenge, the Constitutional Court notifies the head of government, the presidents of both chambers of Parliament and the parties concerned, allowing them to submit written observations. The court may join challenges concerning the same legislative provision or a related provision and may request the case file or relevant documents from the court before which the challenge was raised. It must rule on the challenge within 90 days from the date on which it receives the challenge or from the date on which it is first raised directly before it.

A constitutional challenge does not suspend, in the circumstances specified by law, investigative proceedings or interim and protective measures, proceedings concerning measures depriving a person of liberty, proceedings subject to a statutory time limit or expedited proceedings, or cases in which suspending the proceedings would cause irreparable harm to the rights of one of the parties.

Organic Law No. 35.24 was enacted and published in the Official Gazette in 2026 but is scheduled to enter into force only after 24 months have elapsed from the date of its publication. Accordingly, while the law establishes the legislative framework for constitutional challenges to laws, its procedural provisions do not become operative during the transitional period preceding its entry into force.

Nature of decisions

The Constitutional Court refers to its judicial rulings as "decisions". Its decisions are issued "in the name of His Majesty the King and in accordance with the law". Their preambles identify the constitutional and legal provisions on which they are based, and the decisions are reasoned and signed by the members present at the session in which they are adopted.

The court's deliberations are valid when at least nine of its members are present. As a general rule, its decisions are adopted by a two-thirds majority of all members of the court. If the required quorum cannot be reached after two rounds of voting and following deliberation, the court adopts its decision by an absolute majority of its members. In the event of a tie, the president has the casting vote.

Decisions of the Constitutional Court are not subject to any form of appeal and are binding on all public authorities and administrative and judicial bodies. Consequently, no other judicial body within the Moroccan judicial system may hear an appeal against, quash or annul a decision of the Constitutional Court through an ordinary or extraordinary judicial remedy.

A decision declaring a legislative provision unconstitutional produces binding effects that vary according to the form of constitutional review involved. In the case of prior review, a provision declared unconstitutional may not be promulgated or implemented. In the case of a constitutional challenge to a law, the legislative provision declared unconstitutional is repealed from the date specified by the court in its decision.

The effect of a decision on a constitutional challenge is not limited to a declaration of unconstitutionality. The organic law determines the consequences of such a declaration for the challenged legislative provision and for proceedings in which its application formed the basis of the case. A declaration that a legislative provision is unconstitutional and its subsequent repeal does not, in itself, give rise to state liability for its application before the date of repeal specified by the court.

Decisions of the Constitutional Court are published in the Official Gazette and may also be published on the court's official website. Following the amendments introduced by Organic Law No. 36.24, where the court declares that an organic law, an ordinary law or a rule of procedure contains a provision that is not contrary to the Constitution subject to a particular interpretation by the court, that interpretation must be referred to when the text is published. Where an international commitment is declared incompatible with the Constitution, it may not be ratified unless the Constitution is first amended.

Organisation and composition

President

The president of the Constitutional Court is appointed by the king from among the court's members by royal decree, in accordance with the Constitution and the organic law governing the court. The president presides over the court's sessions and deliberations, supervises its work, represents the court, and exercises the powers assigned to the office by the Constitution and the law.

For each case brought before the court, the president appoints a rapporteur from among its members. The rapporteur is responsible for preparing the case and presenting a report to the court before its deliberation and the adoption of its decision, in accordance with the procedures prescribed by the organic law.

Composition

Under Article 130 of the Constitution and the organic law governing the court, the Constitutional Court consists of twelve members appointed for non-renewable nine-year terms. Members are selected from among persons with higher education in law, judicial, doctrinal or administrative expertise, more than 15 years of professional experience, and a reputation for impartiality and integrity.

The members are appointed or elected as follows:

1. Six members are appointed by the King, including one member proposed by the head of High Council of Ulema;
2. Three members are elected by the House of Representatives;
3. Three members are elected by the House of Councillors.

The three members elected by each chamber are chosen by secret ballot and by a two-thirds majority of the members composing the respective chamber. The king appoints the president of the Constitutional Court by royal decree from among its members.

The membership of the court is renewed by thirds within each category of members every three years, preventing the terms of all members from expiring simultaneously and ensuring institutional continuity. The organic law establishes the procedures for the first two renewals and provides for the replacement of members who become unable to perform their duties, resign or die during their term of office.

Before assuming their duties, the president and members of the court take an oath before the king, undertaking to perform their functions faithfully and honestly, with full impartiality, to respect the Constitution, to preserve the confidentiality of deliberations and voting, and to refrain from making public statements on matters falling within the court's jurisdiction. Members are also subject to statutory incompatibilities and may not combine membership of the Court with certain activities, including liberal professions. They are further subject to duties of restraint and asset-declaration requirements.

The court exercises its jurisdiction collectively. Its decisions are not issued by the president acting alone, but following deliberation and compliance with the quorum and majority requirements prescribed by law. In cases before the court, the president appoints a rapporteur from among its members to prepare the case and present a report before the court deliberates and adopts its decision.

Members of the Constitutional Court

Name	Appointing or electing authority
Mohamed Amine Benabdallah (President)	King
Latifa El Khal	King
Hussein Abouchi	King
Khalid Berjaoui	House of Councillors
Mohamed Alami	House of Representatives
Amina El Massoudi	King
Najib Aba Mohamed	King
Mohamed Qasri	House of Representatives
Mohamed Lididi	House of Councillors
Saad Ghazioul Brada	House of Representatives
Ahmedou El Baz	House of Councillors
Abdelhafid Id Mino	King

Headquarters

File:Rabat Cnstitutional Court.jpg

The headquarters of the Moroccan Constitutional Court on Mohammed V Avenue in Rabat.

The Constitutional Court is headquartered in Rabat, at the intersection of Mohammed V Avenue and Moulay Hassan Avenue, in the city centre, within the historic urban fabric of the Ville Nouvelle that developed during the French Protectorate of Morocco. The headquarters occupies part of the historic Jazouli Building (Immeuble Jazouli), which housed the Directorate of Postal Services during the Protectorate period and was designed by architect François Robert.

The building's principal façade has a symmetrical composition, centred on a projecting section topped by a Moroccan flagpole and flanked by side wings of progressively lower height. The façade is predominantly white and stone-coloured, with projecting surrounds around the windows and entrances. The central entrance bears the name of the court in Arabic. The building forms part of the institutional architectural landscape of Mohammed V Avenue, which contains a number of historic buildings associated with the development of Rabat during the Protectorate and after independence.

The building is architecturally associated with François Robert, who designed several buildings in Rabat during the Protectorate period, including the Jazouli Building. Documents dating from the 1930s list the Jazouli Building among Robert's works in Rabat. At the time, the building was identified among properties located on Dar al-Makhzen Street, the former name of part of the thoroughfare that later became Mohammed V Avenue.

In June 2014, King Mohammed VI inaugurated the new headquarters of the Constitutional Council in Rabat, which was the constitutional institution in existence at the time pending the establishment of the Constitutional Court provided for by the 2011 Constitution. Following the installation of the Constitutional Court in April 2017, the building became the court's headquarters, from which it continues to exercise its constitutional and judicial functions.

See also

• Constitution
• Judiciary
• Rule according to higher law
• Rule of law

External links

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