A parliamentarian group in Morocco is aiming to amend the decree related to “enacting provisions for the state of health emergency and the procedures for declaring it,” having it require parliamentary approval.
The draft law considers that “if the urgency and sudden nature that governed the adoption of the existing decree was initially justified and understood at a time when public authorities did not have sufficient information and data to deal with the pandemic and to anticipate its future horizon, it is now time to correct the state of absolute legislative mandate allowed for the executive branch.”
Parliament, under this amendment, will be granted “its rightful” authority to legislate and approve the rights and freedoms, penalties, and deadlines that are implemented within the national state of the health emergency.
MPs standing behind the aforementioned law proposal considered, in the same memorandum, that “it is not right for the regulatory authority to legislate, based on the legislative mandate, without a specific timeline and deadline,” according to the document.
In this regard, the Social Justice Group proposes granting the parliamentary institution the power to extend the validity of the state of the health emergency, provided that this be done by law if its validity period exceeds 6 months.
Furthermore, the group proposes that the decrees taken under the State of Health Emergency Law, which are in violation of enforced legislative texts, be presented to parliamentarians for approval during legislative sessions.
The health emergency decree grants the governmental authority, namely the ministry of interior, to take all appropriate measures, at the national level, in line with the data related to the epidemiological situation and the development of the COVID-19 pandemic.
This competence is guaranteed by the constitution, which only gives legislative actors the option of “checking the constitutional alignment of state of emergency laws with the constitution,” at the constitutional court.
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