Moroccan Political and Legal System
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[edit] Types of Legal Systems in Morocco
Morocco operates under a constitutional and democratic monarchy. Since Morocco is ruled under a monarchy government there are no elections of the monarchy; the monarch is hereditary. Morocco gained its independence in 1956 from France. Morocco is run by a King, Mohammed VI, who is the Supreme Representative of the Nation. The King holds the power; he guarantees that the Constitution is respected, is the country’s religious leader, appoints the Prime Minister and has the final say over those appointed government officials. The King has the power to break up its government and is in charge of the military. The King is also responsible for overseeing that the citizens of Morocco’s rights are protected. Under the King stands the Executive Power or commonly called the Government. The Executive Power is made up of one Prime Minister, Abbas El Fassi, and a number of Ministers. Those Ministers then make up the cabinet, which falls under the head of government and is selected by the King. The Legislative Power, or Parliament, is composed of two sections; the upper house (Chamber of Counselors) and lower house (Chamber of Representatives).
The Chamber of Counselors is comprised of 270 seats and those appointed will serve a nine-year term. The Chamber of Representatives is comprised of 325 seats and each of those members will service a five-year term. The Judicial branch of the government consists of judges who have recommendations from the Supreme Court but the final decision of who will be appointed is made by the King. The legal system in Morocco is a combination of French civil law system, with courts based around the Jewish and Islamic traditions. “There are four levels of the common law court system: Communal and district courts, courts of first instance, the Appeals Court, and the Supreme Court.” [1] Along with these court systems there are also a number of others. Along with these court systems are a couple more such as The Special Court of Justice, administrative courts, commercial courts, and military tribunal.
These are responsible for cases from corruption up to cases involving military personnel. There are other authorities in Morocco including The Constitutional Council and The Economic and Social Council. Local communities and local assemblies make up The Administrative Power of Morocco. Morocco respects human rights; however, the citizens do not have the power to change the government. The King has control over the government and the way that Morocco is ran. The government is responsible for keeping their culture and language in tact.
[edit] Corruption in Morocco
Conducing business in Morocco can be quite risky due to its political system. According to The Economist, Political Stability Risk earns a rating of "C", while Government Effectiveness Risk earns a rating of a “D”.(Risk Briefing) This shows a political system which is generally in control but not very effective. Several analysts view corruption as a major constraint to economic development.[2] Recently, local businesses ranked corruption only third to access to financing and tax rates, as the most problematic factors to doing business in Morocco. (Morocco Country Profile)
The economic scene in Morocco is dominated by two main categories. The first consists of prominent families who have established ties with the government through centuries-old relationships and alliances. This elite enjoyed protection against foreign competitors and was able to establish monopolies over the import and export of certain goods as well as public procurement contracts. It still dominates economic life today, and finds transparency and free-market policies to conflict with its interests. However, since the 1980s, a group of executives in middle-sized firms started becoming influential. This elite differentiates itself from the first with its modernist outlook and its fight to eliminate privileges and monopolies in the business world. The main organization representing this elite is CGEM (Confederation Generale des Entreprises du Maroc). [3]
Alongside CGEM, international donors, such as the World Bank, have put pressures on Morocco to address the issue of corruption. This has helped bringing corruption as taboo subject, up until 1995, to the public. As a response, the government promised a series of administrative reforms, such as subjecting all public procurement contracts above 5 million dirhams to internal audit. Due to many factors, this process is showing slow improvements over the past decade. The unemployment rate fell sharply in 2006.[4] Morocco has also made progresses in investment sector, says Doing Business 2008 report. (World Bank)
Despite these reforms, monitoring organizations assert that high levels of corruptions still plague the judicial system as well as public procurement. A survey done by Transparency Maroc states that 78% Moroccan companies do not find the judicial system reliable; 59% assert that illicit payments are involved in procurement; and 95% of the Moroccan entrepreneurs polled felt that corruption was prevalent within customs. (Business Anti-Corruption Portal)
[edit] References
1. Morocco. 2003. Jurist Legal Intelligence. 15 October 2007. http://jurist.law.pitt.edu/World/morocco.htm
2. Touchent, Dahmene. Guide to the Morocco Legal System. 15 May. 2002. Journal of Internet Ethics. 20 October 2007. http://www.llrx.com/features/morocco.htm
3. Morocco: Central Intelliegence Agency. 18 October 2007. The World Factbook. 10 October 2007. https://www.cia.gov/library/publications/the-world-factbook/geos/mo.html#Govt
4. Morocco: The Office of Electronic Information. March 2007. U.S. Department of State. 25 October 2007. http://www.state.gov/g/drl/rls/hrrpt/2006/78859.htm
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