Judgment Reviews Law at Morocco
In Morocco, judicial review is a fundamental aspect of the legal system, ensuring that laws and governmental action align with the Constitution. The Constitutional Court (Cour Constitutionnelle) plays a pivotal role in this process.
🏛️ Constitutional Court of Morocco
Established under the 2011 Constitution, the Constitutional Court is the highest authority on constitutional matters in Morocco It is composed of twelve members appointed for nine-year non-renewable terms Six members are designated by the King, one of whom is proposed by the Secretary General of the Superior Council of the Ulema; three are elected by the House of Representatives; and three are elected by the House of Councilors The King appoints the President of the Court from among its members The Court's jurisdiction includes reviewing the constitutionality of laws before their promulgation and overseeing the regularity of parliamentary elections and referendums Its decisions are binding and final
⚖️ Judicial Review Mechanism
Under Article 133 of the 2011 Constitution, individuals can challenge the constitutionality of laws during legal proceeding Law No. 15.86, enacted in 2018, outlines the procedures for raising constitutional issues
Raising the Issue:A litigant must submit a written memorandum to the court, signed by the concerned party or their attorney, detailing the provisions of the law deemed unconstitutional and the reasons for such a claim
Referral to Higher Courts:If the court finds the memorandum meets the necessary conditions, it refers the issue to the Court of Cassation within eight days
Decision by the Court of Cassation:The Court of Cassation must issue a reasoned decision within three months. If it fails to do so, the memorandum is automatically sent to the Constitutional Court This process allows individuals to challenge laws that they believe infringe upon their constitutional rights, enhancing access to justice and accountability
📌 Recent Developments
In March 2025, the Constitutional Court ruled that Organic Law No. 97.15, which outlines the conditions for exercising the right to strike, is fully in line with the Constitutio. The Court emphasized that while the Constitution guarantees the right to strike, it also entrusts the regulatory law with defining its conditions and procedures, ensuring workers' rights are protected within the legal framework
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