Petitions
What are the constitutional and legal requirements related to petitions?
Participation formed a fundamental basis in the constitutional document, beginning with the export, which considered that the Kingdom of Morocco is continuing with determination in the process of consolidating the modern state with its foundations of participation (the first paragraph of the export, 2011 Constitution).
She added that the constitutional system in Morocco is based on the separation of powers, their balance and cooperation, and citizen and participatory democracy (second paragraph, Chapter 1, 2011 Constitution).
She emphasized that associations concerned with public affairs issues, and non-governmental organizations, contribute within the framework of participatory democracy, in preparing decisions and projects for elected institutions and public authorities, as well as in activating and evaluating them.
These institutions and authorities must organize this participation, applying conditions and methods determined by law (Chapter 12). He urged public authorities to create consultation bodies, with the aim of involving various social actors in preparing, activating, implementing and evaluating public policies (Chapter 13).
On the other hand, the constitution affirmed that regional and territorial organization ensures the participation of the concerned population in managing their affairs and increasing their contribution to integrated and sustainable human development (Article 136). It enshrined the right of male and female citizens and associations to submit petitions with the aim of asking the Council of Territorial Communities to include a point within its jurisdiction on its agenda.
It referred to a regulatory law that specifies the conditions for submitting petitions by male and female citizens and associations (Clause Three, Chapter 146).
It is noted that petitions at the territorial level are regulated by requirements contained in the regulatory law for territorial communities, and are not independent by a special law, as is the case for petitions at the national level.
The second is that the scope of submitting the petition at the territorial level is specified in submitting a request to include a point on the agenda.
● Regulatory Law:
Organic Law 111.14 relating to regions, in its third section relating to the powers of the region’s council and its president, within Chapter Five of this section, stipulates the conditions for submitting petitions by male and female citizens and associations.
This is by emphasizing the right to submit petitions and the impediments to invalidating the petition in Article 118. While Article 119 worked to define the meaning of the petition and the agent.
While Articles 120 and 121 are devoted to the conditions for submitting petitions, the first applies to conditions related to male and female citizens, while the second applies to the conditions for submitting petitions by associations.
Article 121 specifies the procedures for submitting petitions to the regional council, accompanied by the proven documents, and the procedure to be followed for studying them in the council, whether they are accepted or rejected. It also indicated that the form of the petition and the proven documents that must be attached are determined by a regulatory text.
● Implementing Decree:
Specify Decree No. 2.16.
401 The form of the petition submitted to the President of the Regional Council and the supporting documents that must be attached to it, as it was confirmed in the first article that male and female citizens and associations can file petitions with the President of the Regional Council. While Article Two stipulates that the form of the petition shall be in accordance with the annex attached to the decree.
The third article dealt with the documents that must be attached to the petition by male and female citizens, represented by copies of national cards, while the fourth article specified the documents that must be attached to the petition submitted by the associations.
The annex attached to this decree includes specifying the form of the petition, beginning by indicating the name of the council of the entity with which the petition is submitted, then specifying the date and subject of the petition, with the necessity that all pages of the petition include these two factors, in addition to specifying the reasons for submitting the petition, the objectives sought from it, and the personal data of the applicants. The petition includes the address according to the prefectures or regions of the region, in addition
.