Political Parties in Morocco: Legal Framework, Establishment, and Public Funding

Political parties play a fundamental role in Moroccan society by promoting political participation, representing citizens’ interests, and contributing to the democratic process. Recognizing their importance, the 2011 Constitution of Morocco strengthened their constitutional status and assigned them a significant role in organizing and supervising political participation, particularly by encouraging the involvement of young people, women, and other segments of society in public affairs.

This article examines the legal framework governing political parties in Morocco. It first discusses the procedures and legal requirements for establishing political parties. It then analyzes the categories of individuals who are prohibited from establishing or joining political parties under Moroccan law. Finally, it examines the system of public financial support granted to political parties and the mechanisms established to ensure transparency and accountability in the use of public funds.

Establishing Political Parties in Morocco

According to the Moroccan Organic Law on Political Parties, the legislator requires that the founders and leaders of a political party possess Moroccan nationality and have reached the legal age of majority, which is 18 full years under Moroccan law.

Article 5 of the Organic Law provides that the founding members and party leaders must be Moroccan nationals, at least 18 years of age, registered on the general electoral rolls, and enjoy their full civil and political rights. The same article further stipulates that founding members and party leaders must hold Moroccan nationality and must not assume any political responsibility in another country whose nationality they may also possess.

In Morocco, the Administrative Court of Rabat is the competent authority to receive applications for the establishment of political parties after they have been submitted through the Ministry of the Interior, which requires compliance with a number of legal conditions and supporting documents.

The application file includes several essential documents, such as a declaration establishing the political party containing the full names, addresses, professions, and dates of birth of the signatories. The declaration must also specify the party’s name, headquarters, and symbol, and include copies of the draft party statutes (by-laws) and the draft political program.

It should be noted that the Moroccan legislator places particular emphasis on the representation of women and young people among the founding members, with the objective of promoting their participation in political organization and party leadership.

Once the official declaration establishing the party has been submitted, the legislator grants a period not exceeding one year within which the party must hold its founding congress, as provided for in Article 9 of the Organic Law on Political Parties.

According to Article 14 of the same law, any amendment to the party’s name, statutes, or political programm must be approved by the party’s National Congress. Such amendments must be declared to the Ministry of the Interior by the party’s national leader, or by a representative duly appointed for this purpose, within thirty days of their approval. The same procedure applies to any modification of the party’s symbol, governing bodies, internal regulations, or headquarters.

A political party may also establish regional, provincial, or local branches, provided that a declaration to this effect is submitted to the Ministry of the Interior, in accordance with Article 16 of the Organic Law on Political Parties.

Categories Prohibited from Establishing or Joining Political Parties

The Moroccan Organic Law on Political Parties prohibits certain categories of individuals from establishing or joining political parties. These include members of the Royal Armed Forces, members of the public security forces, judges, judges of the Supreme Audit Institution and the Regional Courts of Auditors, governors and local authority officials, civil servants and employees of the Ministry of the Interior who are actively serving in its various bodies, as well as other persons who are legally prohibited from exercising trade union rights.

Public Financial Support Granted to Political Parties

The State contributes financially to political parties through two principal mechanisms: annual public funding and financial contributions towards their electoral campaigns during parliamentary, regional, and local elections.

Under the legal provisions governing political parties, the State grants annual financial support to political parties that nominate candidates in at least one-third of the local electoral constituencies for the election of members of the House of Representatives, provided that these constituencies are distributed across at least three-quarters of the regions of the Kingdom. In addition, the party must contest at least half of the regional electoral constituencies for the election of members of the same House. This annual subsidy is intended to contribute to the party’s operating expenses. The law also imposes additional conditions relating, among other things, to the age of candidates and the party’s official nomination procedures.

In addition to the annual subsidy, an extra annual allocation is granted to the leaders of political parties. This funding is intended to cover the costs of studies, research, and expert analyses prepared by qualified professionals with the aim of enhancing political thinking, policy analysis, and innovation in areas related to party and political activities.

With regard to public funding for electoral campaigns, Article 35 of the Organic Law on Political Parties provides that the State contributes financially to political parties’ campaign expenses. The amount of this contribution is approved for each election by a joint decision of the Ministry of the Interior, the Ministry of Justice, and the Ministry of Finance, while the distribution of these funds is determined by a joint decree issued by the same ministries.

To ensure accountability and transparency, the Ministry of the Interior submits to the Supreme Audit Institution a statement detailing the amounts allocated to each political party. The Supreme Audit Institution is the highest body responsible for auditing and overseeing the management and use of public funds in Morocco.

By Said RAHOU, Pr of law, Hassan First University