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Debate on authority transfer before parliamentary appointment
The article focuses on the legal and political debate surrounding the procedure of handing over authority before the new Moroccan government gains the confidence of the House of Representatives. It discusses the legitimacy of this procedure, which is carried out by ministers prior to the vote on the government program, in accordance with Article 88 of the Constitution. This article links the formal appointment of the government to obtaining the confidence of the parliament. Legal and regulatory texts indicate that the appointed government assumes some necessary powers to ensure the continuity of public services, despite the parliamentary appointment not being completed, while placing restrictions on the interventions they can undertake during this period. This issue harks back to previous discussions in 2012, when the opposition objected to ministers carrying out their duties before the program's approval, considering it a breach of the Constitution. Currently, the question arises as to whether the parties in the current government are respecting constitutional principles, especially since this practice recurs amidst changing political contexts, raising questions about the conformity of these procedures with constitutional rules and the balance of powers.
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