Powers of the Government
The King appoints the head of government from the political party that topped the elections of members of the House of Representatives based on the elections results.
The members of the Government are appointed on the proposal of its President.
The King may, on his own initiative, after consulting the Head of Government, relieve one or more members of the Government of their duties.
The Head of Government may request the King to dismiss one or more members of the Government.
The Head of Government may request the King to dismiss one or more members of the Government on the basis of their resignation, individual or collective.
The resignation of the Head of Government shall result in the dismissal of the entire Government. The outgoing Government will continue to conduct ongoing affairs until the formation of the new Government.
Council of Government
The Government Council, under the leadership of the Head of Government, deliberates on the following issues and texts :
The general policy of the State before it is submitted to the Ministerial Council.
Request confidence from the House of Representatives, in order for the government to continue to assume its responsibility.
Current issues related to human rights and public order.
Draft laws, including the Finance draft law, before they are deposited in the Bureau of the House of Representatives without prejudice to the provisions of Article 49 of the Constitution.
Draft regulatory decrees.
Draft decrees referred to in Articles 65, 66, and 70 of the Constitution.
International treaties and agreements before being submitted to the Ministerial Council.
Appointing general clerks, directors of central administrations in public administrations, university presidents and deans, and directors of schools and higher institutions.
The Head of Government informs the King of the conclusions of the deliberations of the Council of Government.
Responsibility of Ministers
Ministers are responsible for the implementation of government policy in their respective sectors and within the framework of government solidarity. The Ministers shall perform the functions assigned to them by the Head of Government and shall inform the Council of Government thereof. Ministers may delegate part of their powers to secretaries of state. (Article 93 of the Constitution).
Members of the Government shall be criminally liable before the courts of the Kingdom for felonies and misdemeanors committed in the exercise of their functions. The law shall determine the procedure relating to this responsibility. (Article 94 of the Constitution).
The Executive Branch
The Government shall consist of the Head of Government and the Ministers and may include a State Clerk. An organic law shall, in particular, determine the rules relating to the organization and conduct of the business of the Government and the legal status of its members. This organic law also defines cases of incompatibility with government function, the rules for limiting the combination of positions, and the rules for the conduct of current affairs by the Government. (Article 87 of the Constitution).
After the King appoints the members of the Government, the Head of Government addresses the two Houses of Parliament together and presents the program he intends to implement. This program must include the main lines of action that the Government intends to undertake in the various areas of national activity. The Government program shall be the subject of discussion before both Chambers, followed by a vote in the House of Representatives. The Government shall be deemed to be in office after obtaining the confidence of the House of Representatives, expressed by the vote of an absolute majority of the members of which it is composed, in favor of the Government's program (Article 88 of the Constitution).
The Government exercises executive power. It collaborates with the authority of its superior to implement the government program and to ensure the implementation of laws. The administration is at its disposal and exercises supervision and guardianship over public institutions and enterprises. (Article 89 of the Constitution).
The Head of Government exercises regulatory power and can delegate some of his powers to ministers. The organizational decisions issued by the Head of Government shall be signed with sympathy by the ministers in charge of their implementation. (Article 90 of the Constitution). Without prejudice to the provisions of Article 49 of this Constitution, the Head of Government shall be appointed to civil positions in public administrations and to senior positions in public institutions and enterprises. The head of government can delegate this power (Article 91 of the Constitution).
Both the Head of Government and members of Parliament have the right to propose laws. Draft laws shall be deposited with precedence with the Bureau of the House of Representatives, but bills relating in particular to territorial collectivities, regional development, and social issues shall be deposited with precedence with the Bureau of the House of Councillors. (Article 78 of the Constitution). The government may argue that any proposal or amendment that does not fall within the scope of the law is not accepted. Any dispute in this regard shall be decided by the Constitutional Court, within eight days, at the request of one of the Presidents of the two Chambers or the Head of Government. (Article 98 of the Constitution). During the inter-sessional period, the Government may, in agreement with the relevant committees of both Houses, issue decree-laws, which must be submitted for ratification by Parliament during its next ordinary session. (Article 81 of the Constitution). The draft decree-law shall be deposited with the Bureau of the House of Representatives and shall be discussed successively by the relevant committees of both Chambers, to reach a joint decision within six days. If such an agreement is not reached, the decision is up to the relevant committee of the House of Representatives. Members of both Houses of Parliament and the Government have the right to amend. After the opening of the debate, the Government may oppose the consideration of any amendment that has not previously been submitted to the committee concerned. (Article 83 of the Constitution). The relationship between the legislative and executive branches Each week's session shall be allocated to questions from members of both Houses of Parliament and the Government's answers. The Government shall provide its response within twenty days following the referral of the question. Answers to questions relating to public policy shall be provided by the Head of Government, and these questions shall be allocated one session per month, and the answers thereto shall be submitted to the Council concerned within thirty days following the referral of the questions to the Head of Government. The Head of Government shall present to Parliament the interim outcome of the Government's work, either on his own initiative, at the request of one-third of the members of the House of Representatives, or of a majority of the members of the House of Councillors. An annual session is allocated by Parliament to discuss and evaluate public policies. The relevant committees of both Houses may request to hear the officials of public administrations, institutions, and enterprises, in the presence and under their respective Ministers. (Article 102 of the Constitution). The Head of Government may, in the House of Representatives, condition the Government's continued assumption of responsibility to a vote of confidence on a statement made on the subject of public policy, or on a text that requests approval. No confidence in the Government, or the text rejected, can only be withdrawn by an absolute majority of the members of the House of Representatives. The vote shall not take place until three full days have elapsed since the date on which the question of confidence was raised. The no-confidence vote results in the government's mass resignation. The Head of Government may dissolve the House of Representatives, after consulting the King, the President of the Council, and the President of the Constitutional Court, by a decree adopted by a Council of Ministers. The Head of Government shall submit to the House of Representatives a declaration containing, in particular, the motives and objectives of the dissolution decision. (Article 104 of the Constitution). The House of Representatives may oppose the Government's continued assumption of its responsibility, by voting on a petition for censorship; Such a petition shall be accepted only if it is signed by at least one-fifth of the members of the Council. The motion for censorship may only be approved by the House of Representatives by an absolute majority vote of the members of which it is composed. Voting shall take place only three full days after the filing of the petition; The approval of the censorship petition leads to the resignation of the whole Government. If the petition for censorship is approved by the House of Representatives, no petition for censorship shall thereafter be submitted before it, for a period of one year. (Article 105 of the Constitution). The House of Councillors may question the Government using a petition signed by at least one-fifth of its members; It shall not be voted on, three full days after its deposit, except by an absolute majority of the members of this Council. The President of the House of Councillors immediately sends the text of the impeachment petition to the Head of Government, who has six days to present to this Chamber the Government's response, followed by a debate not followed by a vote. (Article 106 of the Constitution).