Country Flag:

Name of Capital City: Rabat

Type of State: Constitutional, democratic and social monarchy

Administrative Divisions:
Morocco is divided into 16 regions and into 26 urban prefectures and 45 provinces. There are 1547 local districts in Morocco; 249 are urban municipalities and 1298 are rural communes. Among the provinces are: Agadir, Al Hoceima, Azilal, Beni Mellal, Ben Slimane, Boulemane, Casablanca, Chaouen, El Jadida, El Kelaa des Srarhna, Er Rachidia, Essaouira, Fes (wilaya), Figuig, Guelmim, Ifrane, Kenitra, Khemisset, Khenifra, Khouribga, Laayoune, Larache, Marrakech (wilaya), Meknes, Nador, Ouarzazate, Oujda, Rabat-Sale, Safi, Settat, Sidi Kacem, Tanger, Tan-Tan, Taounate, Taroudannt, Tata, Taza, Tetouan, and Tiznit. Three additional provinces of Ad Dakhla (Oued Eddahab), Boujdour, and Es Smara as well as parts of Tan-Tan and Laayoune fall within Moroccan-claimed Western Sahara.

Date of Independence: Gained independence from France on March 2, 1956.

Date of Constitution:
- The first constitution was adopted in 1962. The constitution was amended in 1970, 1972, 1980, 1992 and 1996. The amendments of 1992 created the Constitutional Council and parliamentary fact-finding committees, and reduced the legal age of complete legal citizenship from 21 to 20 years. The 1996 amendment created a bicameral legislature.

Head of State:
- The King is the prince of believers, the supreme representative of the nation, the symbol of its unity, the vigilant eye of the respect of the Constitution. He maintains the rights and freedoms of the citizens, groups, and organizations. The King is sacred and inviolable.
- The King appoints the Prime Minister and, upon proposal of the Prime Minister, the cabinet. He may dismiss them upon his initiative or their resignation.
- The King presides over cabinet meetings.
- The King presides over the opening session of the parliament.
- The King may, after consulting with the speakers of the two houses of parliament and the president of the Constitutional Council and delivering a speech to the nation, dissolve one or both houses of parliament.
- King Muhammad VI became the head of state on July 23, 1999.

   Executive Branch (the government):
- The cabinet consists of the Prime Minister and the Ministers.
- The cabinet answers to the King and to parliament.
- The Prime Minister may initiate legislation after holding discussions about it in the cabinet.
- The Prime Minister exercises statutory powers.
- The Prime Minister coordinates the cabinet's activities.
- The Prime Minister presents his government's program to both chambers of the parliament.
- The cabinet implements the laws under the supervision of the Prime Minister.
- The cabinet members are criminally liable for any felonies or misdemeanors they commit while practicing their duties.
- Idriss Jettou became Prime Minister on October 9, 2002.

   Legislative Branch (the parliament):
- Since 1996, a bicameral parliament exists consisting of a house of representatives (majlis el- nuwab) and a house of counselors (majlis el- mustachareen).
- The sessions of the two houses are open to the public and the minutes of the sessions are published in the Official Gazette.
- Parliament passes a law by way of vote.

House of Representatives:
It consists of 325 members that are elected by direct universal suffrage through slate voting in accordance with the following conditions:
   - 295 members are elected at the level of the newly introduced constituencies in accordance with the provisions of Article (2).
   - 30 members are elected at the national level.

House of Counselors (majlis el- mustachareen):
It consists of 270 members.

• 162 members elected in each district by an electoral college consisting of the elected members of the urban and rural communal councils, trade unions, districts and regional councils.
• 81 members elected in each district by electoral colleges consisting of the members elected by each professional chamber in that district: farming chamber; chambers of commerce, industry, and services, as well as chambers of traditional industries; and chambers of maritime fishing.
• 27 members elected at the national level by an electoral college consisting of the following:
     - Representatives of employees in establishments.
     - Representatives of employees in statutory committees and in mine establishments.
     - Representatives of employees in administrative committees of equal members provided for in the Statutes of public service, urban and rural groups, and public institutions.
• 3/5 of the members of the House of Counselors are elected in each district by an electoral college consisting of the members elected by professional chambers and members elected at the national level by an electoral college consisting of wage-earners' representatives.
• The members of the House of Counselors are elected for a 9-year term. One third of the House is renewed every three years. In the first and second renewals, seats are designated by lot.

   Judiciary Branch:

• The judiciary is independent of the legislative and executive branches.
• Sentences are issued and executed in the King's name.
• The King appoints the judges by royal decree proposed by the High Judicial Council.
• Trial judges may not be removed from office or transferred except in accordance with the law.


The High Judicial Council:
• The High Judicial Council ensures the implementation of the guarantees granted to judges regarding their promotion and discipline.
• The King presides over the High Judicial Council. The Council consists, besides its President, of the following:
  - Minister of Justice as Vice-President;
  - First President of the Supreme Council;
  - The King's General Attorney at the Supreme Council;
  - The President of Chamber (1) of the Supreme Court;
  - Two representatives of the judges of the Court of Appeal elected from among these judges;
  - Four representatives elected from among the judges of first degree courts.

1. The principle of the independence of the judiciary
   Manifestations of the judiciary's independence:
   - The principle of the independence of the judiciary is enshrined in the Moroccan constitution.
   - A judge is not subordinated to the Executive Branch.
   - A judge applies and does not create legislation.
   - A judge has a special economic status.
   - Judge's political neutrality.
   - The executive writ of judgments.
   - Judge's immunity.
2. The principle that all people are equal before the courts
3. The principle of free-of-charge litigation
4. The principle of a multiple-judge system:
   a. One-judge courts:
       - Communal and district courts.
       - Courts of first instance (in certain cases).
   b. Multiple-judge courts:
       - Courts of first instance (in certain cases).
       - Commercial courts.
       - Administrative courts.
       - Appellate courts.
       - Appellate commercial courts.
       - Appellate administrative courts.
       - The martial court.
       - Special court of justice.
       - Supreme council.
5. The principle of multiple-tier litigation:
   The Moroccan court system adopts a 2-tier litigation system: first instance phase and appellate phase.
   The Supreme Council is not considered a third tier of litigation as it sits as a court of cassation which only interprets and applies the positive and procedural laws and standardizes interpretation and judicial opinions.
   The communal and district courts are not considered a degree of litigation. They have a special character and hear simple cases. Their structure is not included in the Criminal Procedure Code and they are not capable of handling other cases.
6. The principle that court sessions are held in public.
7. The principle that court judgments are grounded on reasons.
8. The principle of the unity of the judiciary.

• In the structure of the criminal justice, the public prosecution (or niaba) - which is an organ of the judiciary - assumes several functions and roles in respect of the course of the criminal case as well as other functions. The Moroccan legislator has entrusted to the niaba the function of the criminal prosecution. The niaba initiates and prosecutes the public court action and has the right to monitor its course.
• niaba also receives complaints and malicious information and conducts, or order to conduct, investigation about these complaints and applies the Extradition Act.
• Before the criminal courts, niaba calls for imposing the penalties provided in law and files under law all demands that it deems appropriate.
• Further, niaba assumes other functions before initiating the public action. These include mediating between the opponents, reaching compromise, protection of juveniles, protection of the children who are victims of felonies or misdemeanors or who live under difficult conditions, and even settle family problems. In exercising all these activities, niaba acts within the context of respect of law and adherence to the provisions of internal laws and international conventions.

• The Court of Instance:
  The King's Prosecutor shall represent the public prosecution, by himself or through his deputies.
• The Court of Appeals:
  The chief of the public prosecution shall be represented by the solicitor general, by himself or through his deputies, before the Court of Appeals. In addition, the public prosecution shall be represented at the misdemeanor chamber of the Court of Appeals.
• The Supreme Court (Regular Courts):
  The formation of the public prosecution before this Court shall be composed of the King's Prosecutor General, and the Solicitors General who assist him in his functions.
  It is to be noted that in considering the Supreme Court a court of law, it limits the prosecution's role to defending the truth, the law, and ensuring the application and sound and proper interpretation thereof, such that it is not infringed upon when moving and prosecuting public cases. This competence remains restricted to public prosecutions before trial courts; but with respect to the public prosecution before the Supreme Court, it is a party that joins in any and all appeals brought by the parties or the public prosecution at the cassation level.
• Before the Commercial Court:
  The public prosecution is represented before the commercial court by the King's Prosecutor and his deputies.
• The Commercial Appellate Court:
  The public prosecution is represented before the commercial court by the Prosecutor General and his deputies.
• The Standing Military Court for the Royal Armed Forces:
  According to Chapters 23 and 24 of the Military Justice Law, the public prosecution shall be represented by the government's representative and his deputies appointed from among the military judicial officers.
• The Special Court of Justice:
  The functions of the public prosecution before the Special Court of Justice are performed by the Prosecutor General to be selected from among judges of the first degree at least. He shall be appointed but he performs his functions under the direct authority of the Minister of Justice.
• The Supreme Court of Justice (Specialized Courts):
  The functions of the public prosecution before the Supreme Court for Justice are performed by members of Parliament. The two assemblies of the Parliament may bring charges against them and circumvent the Supreme Court. However, through the representation of the public prosecution before the exceptional courts, the legislator, for special considerations, gave these functions to persons outside the judicial apparatus.
• The Communal and District Courts, and Administrative Courts:
  The public prosecution is not represented before the Communal and District Courts, and Administrative Courts, due to the fact that the latter has at its disposal a special institution called the Royal Commissioner.

• The Moroccan Criminal Procedure Code (CPC) deems the niaba judges the main body responsible for initiating, proceeding with, and monitoring the public action and demanding that the law be applied before the criminal and other courts.
• The King's Attorney and his deputies represent niaba within the jurisdiction of the respective court of first instance.
• The King's General Attorney and his deputies represent niaba before the court of appeal.
• Acting in this capacity, they receive complaints, police reports, and malicious information, and take the necessary procedures to deal with them or order the judicial police officers to take these procedures. They also refer the reports, complaints, and malicious information they receive to the investigation bodies or competent courts or order to shelve them by reversible decision.
• The niaba has jurisdiction to select the niaba judge who will prosecute the case if there are more than one investigation judge in the same court.
• The investigation judge is bound to take the niaba's opinion if he intends to issue an order of arrest against the accused.
• Likewise, the investigation judge must consult niaba in case of issuing automatic temporary release order, but, niaba's opinion in this case is not binding.
• niaba monitors investigation. The reason for this is that niaba is considered a party to the public action representing the public interest and protecting the law. Therefore, niaba has all the defense rights conferred in the other parties to the litigation.
• niaba also may challenge by way of appeal or cassation against all the judgments and decisions delivered by courts on felonies or misdemeanors in addition to all the decisions issued by the investigating judge.
• The King's General Attorney at the Supreme Council has the authority to request reversal of judgment for the interest of law if he knows that a judgment which is not subject to appeal was issued in breach of law or of the relevant procedures and no party challenged it within the prescribed time limit.
• He also may request to plead the case before the criminal chamber at the Supreme Council to correct a mistake in fact which caused harm to a person convicted of a felony or a misdemeanor if there is no other way to challenge the judgment in limited cases.