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The prerogatives of Parliament concern the fields of law-making and the control of the government's action. 1-Law-Making
As in all parliamentary regimes, the laws initiative is held concurrently by the Prime minister and the Parliament members. Draft bills are laid on the desk of one of the two Houses. The right to amend laws also belongs to both the government and the Parliament but law-making initiatives are, under the constitution, subjected to the principles of the rationalized parliamentary system: Bills are turned down when they do not fall within the scope of law, when they have a financial incidence or when they fail to be adopted by a commission. |
The agenda is set by the bureau and comprises in priority drafts proposed by the government and those adopted by the government. The bureau also sets the complementary agenda in which it should “include any draft law or any other issue which has been examined by a commission when the chairman of a standing commission or a group requests it” (art. 198 of the House of Representatives statute, art. 221 of the House of Counsellors statute).
2-GOVERNMENT CONTROL
This is conducted through the questions, the fact-finding commissions and the government's responsibility.
a- QUESTIONS:
The present legislature has demonstrated a clear dynamism in the question sessions. An average of 850 oral questions and 650 written questions were tabled at the House of Representatives and an average of 620 oral and 480 written questions were tabled at the House of Counsellors.
b- FACT-FINDING COMMISSIONS:
Fact-finding commissions, consecrated in the 1992 revised constitution, endowed at last the parliament with the necessary basic tools to control the government.
Before 1992, the statutes of precedent parliaments tried to introduce provisions that enable elected members to set up fact-finding and control commissions.
At that time, the constitutional Chamber repeatedly argued that the fact-finding and control commissions were not provided for in the constitution. It therefore turned down the requests for non-conformity with the constitution.
However, following serious events, mainly in the baccalaureate exam leaks in 1979, the Fez events (1990) and the drugs case (1995), fact-finding commissions were set up at the request of the King.
The 1992 constitution brings a new element as it authorizes elected members who are part of the majority to set up fact-finding commissions on given events when no judiciary procedure has been started. The commissions are requested to write a report. The House of Representatives set up such a commission for the CIH case
(Credit Immobilier et Hôtelier,) in 2000 and the House of Counsellors also created a fact-finding commission in the CNSS case (Caisse Nationale de Sécurité Sociale,) in 2001.
c- GOVERNMENT RESPONSIBILITY
The Government is accountable to the King and to the Parliament. For the Parliament, its responsibility starts when it is appointed, during a general policy declaration, when a text is voted, or when the Parliament decides to retreat its confidence.
When he is named, the Prime Minister presents before each of the houses the broad lines of his program. While this program is debated at each house, it is only voted at the House of Representatives. At the House of Counsellors, the procedure is restricted to a simple debate.
Requesting confidence at the general policy declaration or when a text is voted: At this stage, during legislature, only the House of Representatives can grant or retain its confidence to the government when the general policy declaration is presented or when a text is voted. If the absolute majority of the House of Representatives members retain their confidence, the government shall tender collective resignation. At this stage too, the House of Counsellors is not associated.
The censure motion: Both the House of Representatives and the House of counsellors have the capacity to sanction the government by voting a censure motion. However, two conditions need to be met; at the House of Representatives, the absolute majority is required and at the House of Counsellors, a consolidated majority is requested.