Elections not to be delayed by constitutional council ruling
Morocco, Politics, 7/1/2002

The ruling delivered by the constitutional council on Thursday over the unconstitutionality of some provisions of the electoral code will not entail a delay in the elections timetable.

Since the Constitutional Council ruled that most of the law provisions amendments were constitutional, the parliament will have to examine only those provisions that were declared unconstitutional and those on which it expressed some reserves.

The Constitutional Council ruling that declared unconstitutional the provision that banned members of the Chamber of advisors to run for elections in the house of representatives unless they resign from the upper chamber (chamber of advisors) does not mean to breach the legislator's right to enact such a ban, but it noted that the ban, in its precise present form that prevents an advisor to be a candidate to the house of representatives unless he resigns, is, under the law, a case of ineligibility rather than of incompatibility.

The difference between cases of incompatibility and ineligibility is that the situation of incompatibility requires that one resigns and chooses between one of the two elected offices after elections while a situation of ineligibility excludes beforehand any candidacy.

Some see the council as right in its decision because an advisor who is bound to his electors by an electoral commitment runs for elections at the House of representatives without freeing himself beforehand of the commitment he took with his electors who voted for him at the Chamber of advisors. He would then have the choice, after the elections and on behalf of electors, which of the two offices personally suits him better. Honesty and respect of the will of electors implies that any person running for a term in one of the two chambers ends the commitment that binds him to electors who voted for him in the parliamentary chamber to which he belongs.

Consequently, all that needs to be done is to go from a situation of incompatibility to one of ineligibility, in accordance with the constitution's provisions that distinguish between the two situations.

The unconstitutionality ruling delivered by the constitutional council on the provision instituting a single vote where the national list is taken into account automatically, on the basis of the regional list votes, is aimed at abiding by the constitution which provides for the universal direct suffrage of all the House of Representatives members. As a result, assimilating the votes for a regional list to an implicit voting for the national list will make this list voted at the universal indirect suffrage, which is contrary to the constitution.

Regarding the issue of candidacy of persons who are not affiliated to any political party, which gave rise to several comments, the Council only expressed some interpretations and reserves and underscored that the condition of belonging to a political party can be interpreted as a ban of candidates who do not belong to any political party, a ban that is contrary to the constitution which guarantees the freedom of political affiliation and equality of access to public offices.

Furthermore, the Council left to the legislator the task of setting eligibility rules and conditions of those who are not affiliated to a political party, just like candidates of political parties who have to be endorsed by their party and by the party's leadership and have a program and transparent funding means.

Consequently, the Council has established a balance between the political affiliation freedom and subjecting non-affiliated candidates to conditions that guarantee equal chances in the competition and left to the elector the freedom to choose between credible lists and programs with known funding and representation.

Furthermore, the Council has endeavored to correct some pending issues that required only some clarifications.

It is up to the Parliament, after a close scrutiny of the Constitutional Council two decisions, to study how the government shall re-word some provisions object of reserves or invalidation.

According to the law, the adoption of the organic law should be done 45 days before the polling date (scheduled for September 27, 2002). The parliament and the government have one month and a half to adopt the amendments required by the constitutional council (three articles). In view of the time left, and the (small) number of articles turned down by the constitutional council, there will be no delay in the elections timetable.

Previous Stories:
  No side in Morocco wishes postponement of coming elections, says El Yazghi   (6/29/2002)
  Constitutional Council turns down some provisions of amended electoral code   (6/29/2002)
  Al-Yousefi rejects US threats against certain Arab states   (6/29/2002)

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