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Whabi: The Establishment of a “Council of State” Depends on a Constitutional Framework and In-Depth Institutional Dialogue
Abdelatif Whabi, the Minister of Justice, confirmed that the establishment of a “Council of State” as an independent institution in Morocco remains contingent on the availability of a clear and comprehensive constitutional framework that defines its powers, legal nature, and its position within the constitutional architecture of the Kingdom. He emphasized that this requires a profound national institutional debate that considers the specificities of the Moroccan constitutional model and its sovereign choices, rather than merely replicating comparative experiences, regardless of their effectiveness.
In a written response to a question from parliamentary member Rashid Hamoni, Whabi clarified that the establishment of a Council of State in comparative constitutional experiences is regarded as one of the important institutional mechanisms, considering the roles it plays, whether in providing legal advisory opinions for the executive authority regarding proposed legislative and regulatory texts, or in unifying administrative judicial rulings and ensuring legal security and the protection of rights and freedoms.
The Minister of Justice, while discussing pioneering experiences, particularly the French model, noted that the Council of State was not the result of an isolated legislative decision; rather, it emerged from constitutional provisions and a historical and institutional accumulation that made it a fundamental pillar in the administrative judiciary system and a guarantor of balance between the requirements of good governance and respect for legality, whether through its judicial or advisory functions.
Regarding the possibility of establishing this institution in Morocco, Whabi recorded that the Kingdom’s constitutional and institutional system, under the 2011 Constitution, adopted a gradual and integrated approach to entrenching the rule of law, in line with Article 118 of the constitution, which guarantees the right to litigation and appeal against administrative decisions before the competent judicial bodies.
He added that this approach included the establishment of specialized administrative justice, represented by administrative courts and administrative appeal courts, topped by the Supreme Court, which ensures the proper application of the law and unifies judicial jurisprudence, alongside the role played by the Constitutional Court in monitoring the constitutionality of laws and safeguarding the supremacy of the constitution.
The minister explained that these institutions exercise, each within its jurisdiction, essential functions that intersect in several aspects with the roles performed by the Council of State in comparative experiences, especially concerning monitoring the legality of administrative actions and entrenching principles of good governance and linking responsibility with accountability.
Whabi concluded by affirming that the Ministry of Justice continues, in respect of the constitution and existing institutions, to work on enhancing the effectiveness of administrative justice and developing its mechanisms, ensuring the protection of the rights of beneficiaries and improving the performance of public administration, while keeping the issue of developing institutional structures, including consideration for additional advisory or judicial mechanisms, subject to the logic of gradualism and constitutional and institutional consensus.
