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The Moroccan Sovereign welcomes approach, content of CNDH thematic reports
The Moroccan ( National) Council of Human Rights (CNDH) has submitted to the King Mohammed VI three reports related to (a) the Constitutional Court and to its organization and functioning, (b) To the new procedure that allow any party to a lawsuit to raise the issue of the unconstitutionality of a law. And (c) a third report which raised some issues linked to the reform of the military court’s jurisdiction
In a very broadminded and advanced move towards the completion of Implementation of the new Constitution adopted by the nation in 2011, The King of Morocco Mohammed VI welcomed the approach and content of these reports which constitute, alongside previous contributions of CNDH, a significant contribution to the debate on democracy, the consolidation of rule of law, the protection of human rights and the independence of the judiciary, as fundamental values fostered by His Majesty the King since his accession to the throne, said a statement from the Royal Cabinet.
The Royal Cabinet explained that the sovereign has took note of the thematic reports submitted to his Majesty by the National Council of Human Rights adopted at the Fourth Ordinary Session, focus on the contributions of the Council to certain legislative reforms introduced by the new constitution.
The first report relates to the Constitutional Court and presents the contributions of the Council relating to the organization and functioning of the Court, the status of its members, and the procedure followed before this institution which is tasked with ensuring respect for the Constitution and the holding of elections in the best conditions possible.
The second report concerns the Constitutional Court as well and focuses on the Council’s proposals in relation to the operating procedures of the major innovative clause known as the ‘exception of unconstitutionality’, which allows the party to a lawsuit to raise the issue of the unconstitutionality of a law.
The third report discusses the reform of the military court and presents the Council’s proposals regarding the compliance of the legislation in force with the provisions of the new Constitution and the international commitments of the Kingdom. The report recommends in particular that civilians shall not be prosecuted in a military court and that the jurisdiction of the latter is narrowed. Thus, the military court should address, in peacetime, only the cases falling under the category of military discipline, or involving a military person in matters undermining the security of the State or of terrorism. For all other cases, military personnel would be on equal footing with their fellow civil litigants before ordinary courts.
The Sovereign also took note of the CNDH report on the Higher Judiciary Council created by the Constitution, whose swift implementation, according to the CNDH, will make the separation of powers and the independence of judiciary more effective, as advocated by His Majesty the King, may God assist him.
The four reports fall in line with the Royal High instructions and meet the expectations of the Moroccan society. They implement the principles contained in the Constitution of 2011 and the relevant international criteria.
