The Constitutional Court of Morocco has declared its inability to rule on the constitutionality of Law No. 66.23, which governs the legal profession, citing a lack of required documentation. This decision, made in response to a referral from the Speaker of the House of Representatives, highlights procedural missteps that must be addressed before any constitutional review can take place.
Context of the Referral
On August 10, 2026, the Constitutional Court issued ruling No. 277/26 M.D. concerning its inability to assess the conformity of Law No. 66.23 with the Moroccan Constitution. This ruling followed a review of the report from the Justice, Legislation, and Human Rights Committee of the House of Councillors regarding the proposed law, which had already been approved by the House of Representatives in a subsequent reading on July 6, 2026. The referral to the court was submitted by the Speaker of the House of Representatives on July 8, 2026.
Procedural Oversights
In its ruling, the court noted that the referral, while including the subject matter regarding the constitutionality of the law, lacked a complete set of required documents. The court emphasized that the Speaker’s communication included only a report from the parliamentary committee alongside the proposed legislation, without the necessary text of the law for constitutional scrutiny. According to Article 132 of the Constitution, laws can be referred to the court for review only after they have been formally endorsed and accompanied by the proper documentation.
Implications of the Ruling
The court reiterated that the constitutional review process must follow specific legal guidelines, including the mandate that documents for review are directly submitted from the King, the Prime Minister, or the respective parliamentary leaders. As such, the failure to provide the original text of the law obstructed the court’s ability to conduct its constitutional scrutiny.
Conclusion
Consequently, the Constitutional Court concluded that it could not rule on the constitutionality of Law No. 66.23 in its current form. The court’s decision reinforces the importance of adhering to legal requirements in the legislative process, ensuring that all necessary materials are submitted for thorough examination. The court ordered that its decision be communicated to the Prime Minister, the Speaker of the House of Representatives, and the Speaker of the House of Councillors, and mandated its publication in the official gazette.
This ruling underscores the critical nature of procedural compliance within Morocco’s legislative framework, serving as a reminder of the essential checks and balances integral to the country’s judicial system.
This ruling was issued at the Constitutional Court in Rabat on Monday, August 10, 2026, and was signed by Chief Justice Mohamed Amin Benabdallah along with various court members.
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