The House of Counsellors   Composition The house of counsellors shall be made up of 270 members elected by indirect vote. For 3/5 of its membership, i.e. 162 counsellors shall be elected in each region by an electoral college consisting of the representatives of the district councils (local and regional councils, provincial and prefectoral assemblies). The remaining 2/5 of the members, i.e. 108 counsellors shall be elected in each region  by electoral colleges made up of elected members of professional chambers ( industry, agriculture, handicraft, commerce, service, sea fisheries) as well as members elected at the national level by an electoral college consisting of wage-earners' representatives.

The House’s mandate shall last for nine years and one third of the House shall be renewed every three years.

The first election took place on December 5, 1997. The first third was renewed on September 15, 2000. 

The sessions regime

The House of Counsellors shall hold its meetings during two sessions a year.

The opening of the first session shall begin on the second Friday in October. The second session shall begin on the second Friday in April.

When the Parliament convenes for at least three months during one session, the session may be adjourned by decree.

The House may be convened in special session either at the request of the absolute majority of the members of the House or by decree. Once the agenda fully addressed, the session shall be adjourned by decree.

Relationship between the House and the executive power.

A- Legislative power

1) The laws initiative shall be held concurrently by the House members and the Prime minister. Proposals introduced by the counsellors shall not be acceptable when the adoption thereof might cause, according to the finance law, a decrease in public resources, an increase in a public expenditure or the creation of a new one.

In addition, only the government which may introduce draft bills modifying investment expenses resulting from the development plans approved by the Parliament.

2) Right of amendment

The house members shall have the right to propose amendments. However, after the opening of the debate the government can oppose the examination of any amendment that was not submitted before to the committee concerned. In addition, the amendments proposed by the counsellors shall be inadmissible when their adoption has a negative effect upon public resources.

Legislative procedure

Draft bills shall be laid on the table of one of the two Houses of Parliament and sent to a committee for examination.

Draft bills and proposed bills shall be considered successively by the two houses with a view to adopting an identical text.

If a draft bill or a proposed bill cannot be adopted after two readings in each House, or if the Government proclaims that the matter is urgent after only one reading in each House, the Government may call a meeting of the joint committee with equal representation. The text drafted by the joint committee may be submitted by the Government to the Houses for adoption. No amendment is considered except with the approval of the Government.

If the joint committee has not managed to adopt a joint bill or if the bill has not been adopted by the two Houses, the Government may submit to the House of Representatives the draft bill or the proposed bill as modified, if necessary, in the light of amendments reached during parliamentary debates and taken up by the Government. The House of Representatives proclaims final adoption of the bill only with the absolute majority of its members.

b) Particular provisions

1- Organic laws pertaining to the House of Counsellors shall be put to the vote under the same conditions in both Houses.

2- Treaties committing State finances are not ratified without having been approved under the law.  

3- Ordinances

During the recess periods, the Government may, within a six day period and in agreement with the committees concerned in both Houses, adopt ordinances which shall be submitted, for ratification, during the following regular session of Parliament.

In case of disagreement between the two committees, steps shall be taken at the request of the Government to set up a joint committee with equal representation. The agreement shall be considered as refused if the joint committee has not reached a decision within 3 days or if the decision proposed by the said committee is not endorsed by the relevant committees within a period of four days.

 B- Power of control

1)       questions

One session a week shall be allocated in priority to the questions of the Chamber of Representatives members and to the government answers.  The government’s answer shall be delivered within 20 days following the date on which it was tabled.

2) Fact-finding committees

Fact-finding committees can be set up by the King or at the request of the house members who are part of the majority on given events when no judiciary procedure has been started. They cannot be created when facts have lead to legal proceedings and as a long as these proceedings have not finished.

If a committee was already created, its mission shall end at the opening of judicial information relating to the facts which were behind its creation.

3) The government’s responsibility

When he is named, the Prime Minister shall present before each of the chambers the broad lines of his program. After being debated at each house, the program shall be voted at the House of Representatives.

b) The House of Counsellors

The House of Counsellors may vote warning or censure motions against the Government.

The warning motion must be signed by at least one third of the members of the House of Counsellors. It shall be voted by the absolute majority of the members of the House. Voting shall take place three clear days after the motion has been introduced.

The text of the warning shall be sent forthwith by the President of the House of Counsellors to the Prime Minister, who shall, within six days, present before the House of Counsellors, the Government's position concerning the reasons which prompted the warning. The government's statement shall be followed by a debate without a vote.

The censure motion shall not be introduced unless it is signed by at least one third of the members of the House of Counsellors. It shall be approved only after a vote by a 2/3 majority of the members of the House. Voting shall take place three days after the motion has been introduced.

The vote for censure shall entail the joint resignation of the Government.

Should the Government be censured by the House of Counsellors, no other censure motion shall be introduced in the House of Counsellors before a year has elapsed.

 Dissolution

After consulting with the Presidents of the two Houses and the Chairman of the Constitutional Council and addressing the Nation, the King may decree the dissolution of the two Houses or of one of them only.

The election of the new Parliament or the new House shall take place, at the latest, three months after such dissolution.

The King shall, in the meantime, exercise the powers lying with the Parliament in terms of law making.

When a House is dissolved, the one succeeding it shall not be dissolved until a year after its election.

Particular provisions

 A/ Constituent power

1) Initiative of revising the Constitution

It belongs to the King and members of Parliament.

  2) Adoption

A proposal for revision submitted by the Parliament shall be adopted only if voted on by a two -third majority of the members of the House concerned. The proposal shall be submitted to the other House which may adopt it by a two -third majority of its members.

A revision of the Constitution shall be definitive after approval by referendum.

Neither the State system of monarchy nor the prescriptions related to the religion of Islam may be subject to a constitutional revision.

 B/ the president of the House of Counsellors is a member of the the Regency Council.

C/ Should the integrity of the national territory ever be under threat or should any event interrupt the course of action of the constitutional institutions, the King shall, after consulting with the President of the House of Representatives and the president of the House of Counsellors as well as the Chairman of the Constitutional Council, and addressing the Nation, have the right to declare a State of Emergency by Royal Decree.

D/ The extension of the state of siege beyond thirty days shall result from a law.

E/ Penal responsibility of the government members for the crimes committed while performing of their duties.

1) The proposed draft for indictment must be signed by at least a quarter of the members of the House in which it was tabled first. It shall be examined successively by the two Houses and shall be approved only when an identical vote is cast by each House by secret ballot and a two- third majority of its members with the exception of those members called upon to take part in conducting the prosecution and the investigation process and issuing the verdict.

2) The High Court shall be made up of an equal number of counsellors and representatives.

F/ control of constitutionality

The two Presidents may submit laws to the constitutional Council before they are promulgated.

The organs of the House of Counsellors

THE BUREAU  

The House of Counsellors' bureau members shall be elected according to the proportional representation.

The bureau of the House of Counsellors shall be made up of :
 - the President
 - Five vice-presidents
 - Three questors
 - Three secretaries

•The competences of the bureau

- After its election, the bureau shall determine, during its first meeting, the competences of each member.

- The bureau shall have all the powers to supervise the discussions of the house. It shall assure the organization of the administrative and financial affairs of the House.

-The bureau shall set the agenda in accordance with the provisions of Article 56 of the Constitution.

- In case of the President’s absence, the vice-presidents shall replace him in respect of priority.

PARLIAMENTARY GROUPS 

The members of the house of counsellors can form groups whose number cannot be less than (12).

 Only the members who belong to no group can join a group.

No member shall have the right to belong to more than one group and none is obliged to be a member of a particular group.

 After its election, or when the third of the house is renewed, each group shall forward to the President of the house the list of its members, with their signatures and the name of their spokesman. The lists shall be published in the Official Bulletin along with the names of the counsellors who belong to no group.

All modifications shall be published in the Official Bulletin.

The president of the House of Counsellors shall be informed of the composition or change within a group (resignation, affiliation, dismissal).

*The House of Counsellors memes are not allowed to constitute associations in order to defend their personal or professional interests in the house. Likewise, they are not allowed to create permanent or temporary associations.

Standing committees

In a plenary session, the House of Counsellors shall set up six (6) standing committees.

1/ the committee of education, cultural and social affairs

 2/ the committee of foreign affairs, borders, occupied zones and national defence.

3/ the committee of the interior, regions and district councils

4/ the committee of finance, equipment, planning and regional development.

5/ the committee of justice, legislation and human rights.

6/ the committee of agriculture and economic affairs.

*At the beginning of each legislative period, the house shall elect the presidents of the committees. The presidents shall be re-elected following the renewal of the third of the house, taking into account the proportional representation of each group. The members number of each standing committee shall not be lower than fifteen (15) and higher than forty five (45).

In addition to the president, the bureau of each standing committee shall be composed of six (6) vice-presidents, a secretary and his assistant and a reporter and his assistant, on the basis of the proportional representation of each group.

The committees shall be convened by the presidents during the sessions, forty-eight hours before the meeting. However, it is possible to shorten this deadline in exceptional circumstances when the schedule of the house requires it.

Apart from the sessions, the committees shall be convened eight days in advance by:

-The President of the house, on his own initiative or at the request of the government,

- The president of the committee concerned, on his own initiative or at the request of the third of its members after consultation with the bureau,

If necessary, the deadline can be reduced to forty-eight (48) hours. - No meeting shall be deferred or cancelled except when a request is made by more than a half of the members and forty-eight hours (48) before the projected date.