Mohammed Welcomes Discussion on the State Council’s Establishment
Justice Minister Abdellatif Ouahbi emphasized that the establishment of the State Council as an independent institution hinges on a clear and comprehensive constitutional framework that outlines its powers, legal nature, and position within the constitutional architecture of the Kingdom. He emphasized that this endeavor requires an in-depth national institutional dialogue that respects the unique characteristics 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 Rashid Hamouni, the head of the Progress and Socialism group, about the possibility of establishing a State Council, Ouahbi clarified that the Ministry of Justice continues, within the framework of respect for the constitution and existing institutions, to work on enhancing the effectiveness of administrative judiciary and developing its mechanisms to ensure the protection of users’ rights and improve public administration performance.
He added that the consideration of developing institutional structures, including the establishment of additional consultative or judicial mechanisms, remains subject to the logic of gradual and constitutional consensus.
The Justice Minister noted that the establishment of a State Council in various comparative constitutional experiences represents a highly significant institutional mechanism due to its roles, whether in providing legal advice to the executive authority regarding draft legislative and regulatory texts or in unifying administrative jurisprudence and ensuring legal security and the protection of rights and freedoms.
In this context, Ouahbi referenced the French experience, asserting that the State Council in France was not merely the result of an isolated legislative decision but rather a product of constitutional provisions and historical and institutional accumulation, making it a cornerstone of the administrative judiciary system and ensuring a balance between the requirements of effective administration and respect for legality, whether through its judicial or advisory functions.
Regarding the national context, the government official highlighted that the 2011 Constitution established a gradual and comprehensive approach to building a state of law, consistent with Article 118 of the Constitution, which guarantees the right to litigation against any administrative decision, whether regulatory or individual, before the competent administrative judiciary.
He explained that the activation of this provision was achieved through the establishment of specialized administrative courts, represented by administrative courts and administrative courts of appeal, with the Court of Cassation tasked with ensuring the proper application of the law and unifying jurisprudence, alongside the central role of the Constitutional Court in monitoring the constitutionality of laws and ensuring the supremacy of the Constitution.
Ouahbi concluded by affirming that these institutions perform, each within its jurisdiction, essential functions that intersect in many aspects with the roles assigned to State Councils in comparative experiences, whether in terms of monitoring the legality of administrative actions or enshrining principles of good governance and connecting accountability to responsibility.
