The legislative elections in Morocco renew the House of Representatives, but do not solely determine who controls all areas of the State. The Constitution of 2011 establishes a distribution of powers in which the Parliament exercises legislative power, the Government the executive, and the king retains specific powers as head of State and president of the Council of Ministers.
The issue is especially relevant because the power of the king of Morocco is not limited to a ceremonial function. The Constitution assigns to Mohamed VI specific powers in the formation of the Government, the strategic direction of state policy, defense, and certain appointments, among other matters.
Article 47 of the Constitution establishes that the king appoints the head of Government from the most voted party in the elections to the House of Representatives. At the proposal of the head of Government, the monarch then appoints the other members of the Executive and can, after consulting, terminate the functions of one or several ministers.
Mohamed VI also presides over the Council of Ministers, made up of the head of Government and the ministers. According to Article 49, this body addresses the strategic orientations of state policy, constitutional reform projects, organic laws, general orientations of the budget project, texts related to the military sphere, the declaration of a state of emergency or war, and certain appointments of high officials.
What corresponds to the Parliament
The Moroccan Parliament is made up of two chambers: the House of Representatives and the House of Councillors. The former is the one that is renewed through the legislative elections of September 23. The Constitution establishes that both comprise the legislative power.
Article 70 assigns the Parliament three main functions: to approve laws, to control the actions of the Government, and to evaluate public policies. The House of Representatives also has a decisive role in the investiture of the Executive, as the Government must obtain its confidence through an absolute majority vote on its program.
The Government exercises executive power
The Constitution also establishes a proper sphere for the Executive. Article 89 states that the Government exercises the executive power and that, under the authority of the head of the Government, it applies its program, guarantees the execution of the laws, manages the Administration, and supervises public establishments and enterprises.
The head of the Government also exercises regulatory power, although certain areas of special relevance remain linked to the competencies of the monarch and the Council of Ministers. Therefore, parliamentary election has direct consequences on the composition of the Executive, but it takes place within a system in which the Crown retains its own constitutional powers.
Defense, state policy, and other areas reserved for the monarch
Article 42 defines the king as head of State, highest representative, and supreme arbiter among the institutions. The Constitution also assigns him the guarantee of the country's independence and its territorial integrity.
In parallel, Article 49 places under the Council of Ministers, presided over by the king, issues such as the strategic orientations of the State, military affairs, and the declaration of war. The Constitution thus contemplates a separation of functions between the elected institutions and the Crown, but not a model in which all executive decisions depend exclusively on the Government arising from the elections.