Marrakech – HM King Mohammed VI sent a message to the participants in the sixth triennial congress of the Association of Constitutional Courts using the French Language (ACCPUF) which opened, on Wednesday, in Marrakech, under the theme “the Citizen and Constitutional Justice”.
In this message, read out by advisor to HM the King, Abdeltif Menouni, the Monarch paid tribute to the Association for the noble aims it seeks to achieve, and commended its effective contribution to disseminating the culture of the primacy of law which is the bedrock of the rule of law and the promotion of constitutional justice which better embodies the preeminence of the Constitution.
HM the King pointed out that the congress is being held one year after the adoption of a new constitution in Morocco with a very advanced content, laying the groudnwork for a Moroccan constitutional model aimed at consoldiating the construction of a modern democratic State where the citizen is put at the heart of the nation’s priorities and concerns.
The message insisted that the State Morocco seeks to build is based on the principles of participation, pluralism, good governance in both national and territorial institutions, as well as correlation between public office and accountability, as part of solidarity, equity and equal opportunities.
Parallel to strengthening the legislative, executive and judiciary branches in terms of separation, balance and independence, the new Constitution adopted a charter of rights incorporating the various generations of freedoms and fundamental rights, within the framework of an integrated system of human rights as universally recognized, HM the King said.
He added that the Constitution also set up mechanisms to ensure the protection and effective enjoyment of rights, granting, in particular, the citizen the right to resort to the Constitutional Court to plead the unconstitutionality of any law, applied to a dispute submitted to justice, likely to undermine their constitutional rights and freedoms.
The sovereign pointed out that all these steps mirror the strong momentum given to constitutional justice in Morocco despite the many underlying institutional and jurisprudence challenges, noting that interaction between citizens and constitutional justice represents a real parameter that can measure society’s dynamism. “It is also a strong lever to uphold rights and duties intrinsic to citizenship and genuine democracy.”
The monarch underlined the advanced import of the Kingdom’s new Constitution, mainly its preamble and the constitutional Council, which has become a constitutional court endowed with large prerogatives.
“We intend strengthening the bases of the Moroccan school of constitutional law, rich with the input of Moroccan constitutional scholars, via the upcoming emergence of an innovative and ambitious constitutional jurisprudence, meant to promote the Constitution’s pre-eminence and the respect for its provisions,” HM the King said.
“Given the growing development expectations of society and considering the succession of the world’s economic crises, the Moroccan constitutional court should, as its counterparts headquartered at your honorable Association, mobilize all its resources to address the challenge of justice which consist of clearly defining the legal and practical aspects of economic, cultural and environment laws laid down in the Constitution for individuals and groups,” the Sovereign stressed.
HM the King underlined that constitutional justice should get involved in a new dynamic relying on the participation of all legal and academic bodies to raise awareness about the new missions incumbent on such justice socially, institutionally and in terms of development, as well as the working methods it should be using.
“We call upon your Association to take advantage of its pluralist aspect and active commitment to fostering constitutional justice, and of its lofty ideals shared by its members in order to set up a solid platform for a constructive constitutional legal dialogue between your councils and constitutional courts,” HM the King said.
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