Morocco’s Constitutional Court upholds electoral and party law reforms

Morocco’s Constitutional Court upholds electoral and party law reforms
Thursday 25 December 2025 - 23:09

Morocco’s Constitutional Court has cleared recently adopted reforms to the country’s electoral and political party laws, ending weeks of disagreement between the governing majority and the opposition and setting a clarified legal framework ahead of upcoming political deadlines.

In two separate rulings, the Morocco’s Constitutional Court found that Organic Law No. 53.25, amending the law governing the House of Representatives, and Organic Law No. 54.25, revising the law on political parties, contain no provisions contrary to the Constitution.

The decisions confirm the constitutionality of new eligibility rules, electoral sanctions, and party governance requirements approved by both chambers of Parliament.

In Decision No. 259/25, the court validated amendments restricting eligibility for parliamentary candidates prosecuted in flagrante delicto for serious offenses during election campaigns, including crimes related to integrity, ethics, and electoral credibility. The court ruled that these provisions aim to protect the sincerity and transparency of the electoral process and do not violate the constitutional presumption of innocence.

The court stressed that presumption of innocence applies within criminal proceedings, while eligibility conditions fall under legislative regulation of political rights. Lawmakers, it said, are entitled to define temporary obstacles to candidacy to safeguard electoral integrity, even in the absence of a final criminal conviction.

The ruling also upheld sanctions barring individuals definitively stripped of elected office from running again until two full mandates have elapsed, describing the measure as proportionate to constitutional objectives. Additional articles increasing penalties for electoral offenses, creating new infractions, and limiting alternative sentencing were likewise deemed constitutional.

The court also addressed controversy surrounding provisions penalizing the dissemination of altered statements or false information during elections. It found these sanctions justified by legitimate aims, proportionate in scope, and compatible with constitutional guarantees of press freedom, provided they do not restrict legitimate journalistic activity conducted in good faith.

In Decision No. 260/25, the court validated amendments to the political party law, including stricter documentation requirements for party formation and bans on political activity by Interior Ministry officials and related personnel. These measures, the court said, reinforce the constitutional principle of state neutrality toward political competition.

The ruling further approved provisions allowing parties to diversify funding sources through self-financing, loans, or affiliated entities, provided transparency, accountability, and democratic governance standards are respected.

Together, the decisions settle a contentious legal debate and establish a clearer institutional framework ahead of Morocco’s next electoral cycle.

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