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The Constitutional Court endorses amendments regarding the establishment and financing of political parties and confirms the constitutionality of the regulatory law.
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The Constitutional Court confirmed the constitutionality of amendments related to the establishment and financing of political parties, considering that regulatory law No. 54.25 amending and supplementing regulatory law No. 29.11 concerning political parties does not contain any provisions that violate the constitution.
In its decision issued yesterday, the court clarified that the amendments related to the conditions and contents of the political party establishment file fall within the framework of respecting the provisions of Article 7 of the constitution. They aim to clarify the formalities for establishment and ensure seriousness and clarity in the process of creating political parties.
The court emphasized that requiring all founding members to sign the declaration related to the establishment of the party aims to ensure the free and clear will of all founders, without infringing upon the constitutional right to establish political parties.
The court also considered that the amendments to Articles 11, 12, and 13 aim to ensure a minimum degree of organizational seriousness and to provide political parties with a human base capable of establishing their national and regional structures, while ensuring representation from all regions of the kingdom, expanding youth participation in political life, and reinforcing principles of transparency in all stages of establishment.
In this context, the court acknowledged the constitutionality of prohibiting frameworks and employees of the Ministry of Interior from establishing or joining parties, considering that this measure aligns with the principle of neutrality of public authorities as stated in Article 11 of the constitution.
Regarding the amendments related to the financial resources of political parties, the court found that they do not conflict with the constitution, as they aim to enable parties to have additional resources alongside public support, through self-financing, loans, or revenues from activities, which allows them to fulfill their constitutional functions within the framework of good governance and accountability.
The decision noted that the public support directed to encourage the participation of youth and women under 35, Moroccans living abroad, and people with disabilities in political life aligns with constitutional provisions related to gender parity, ensuring political participation for Moroccans living abroad, and implementing policies for vulnerable groups.
The court also regarded the establishment of a new system for benefiting from public funding, through a lump sum for covering annual management and holding conferences, as part of the constitutional responsibilities of political parties.
It emphasized that prohibiting parties from receiving financial support from private individuals does not contradict the constitution, as it aims to protect the independence of party decision-making, prevent financial influence in political life, and ensure equal opportunities among parties, stressing that public support is subject to fair criteria and oversight by the Court of Auditors.
The court indicated that adopting bank transfers for settling party expenses aims to regulate spending and enhance financial transparency in line with good governance principles.
It also stated that the provisions linking the eligibility for public funding to the compliance with deadlines for submitting annual accounts and electoral campaign accounts, alongside the establishment of a notice procedure and the possibility to refer the file of a party that fails to submit its accounts for three consecutive years to the administrative court for dissolution, do not violate the constitution.
The court concluded by affirming that setting deadlines for holding the ordinary national conference to benefit from support aims to enhance principles of transparency and good governance while taking into account the legal exceptions specified, considering that these provisions do not conflict with the constitution.
