Title IX. Of the Regions and of the Other Territorial Collectivities
Article 135
The territorial collectivities of the Kingdom are the regions, the prefectures, the provinces and the communes.
They constitute moral persons of public law, which democratically administer [gerent] their affairs.
The Councils of the regions and of the communes are elected by direct universal suffrage.
Any other territorial collectivity is created by the law, the case arising, in substitution of one or more [of the] collectivities mentioned in the first paragraph above.
Article 136
The regional and territorial organization is based [repose] on the principle of free administration, of cooperation and of solidarity. It assures the participation of the populations concerned in the management of their affairs and favors their contribution to [a] complete and lasting human development.
Article 137
The regions and the other territorial collectivities participate in the implementation of the general policy of the State and in the enactment [elaboration] of the territorial policies through their representatives in the Chamber of Councilors.
Article 138
The presidents of the Councils of the regions and the presidents of the other territorial collectivities execute the deliberations and decisions of these Councils.
Article 139
The participative mechanisms of dialog and of acting in concert [concertation] are implemented by the regional Councils and the Councils of the other territorial collectivities so as to favor the participation [implication] of the citizens [feminine] and the citizens [masculine], and of the associations in the enactment and the application [suivi] of the programs of development.
The citizens [feminine] and the citizens [masculine] and the associations can exercise the right of petition with a view of demanding the inclusion [inscription] in the agenda of the Council, a question relevant to its competence.
Article 140
On the basis of the principle of solidarity, the territorial collectivities have their own competences, competences divided with the State and those which are transferable to them by the latter.
The regions and the other territorial collectivities are provided, within their respective domains of competences and within their territorial resort, [with] a regulatory power for the exercise of their attributions.
Article 141
The regions and the other territorial collectivities dispose of their own financial resources and of financial resources allocated [affectees] by the State.
Any transfer of competences of the State to the regions and the other territorial collectivities must be accompanied by a transfer of corresponding resources.
Article 142
A fund of social improvement [fonds de mise a niveau sociale] allocated for the absorption [resorption] of the deficits in matters of human development, of infrastructure and of equipment, is created, for a specific period, for the benefit of the regions.
A fund of inter-regional solidarity [fonds de solidarite interregionale] in consideration of an equitable division of resources, with a view to reduce the disparities between the regions, is created as well.
Article 143
No territorial collectivity may exercise the guardianship [tutelle] of another.
In the enactment and the application of the programs of regional development and of the regional schemes of management of the territories, the region assures, under the supervision of the President of the Council of the region, a preeminent role for good relations [rapport] with the other territorial collectivities, within respect for the competences and these latter.
When the concurrence [concours] of several territorial collectivities is necessary for the realization of a project, the collectivities concerned determine [conviennent] the modalities of their cooperation.
Article 144
The territorial collectivities may constitute groups [groupements] with a view to mutual action [mutualisation] of programs and of means.
Article 145
In the territorial collectivities, the walis of regions and the governors of provinces and prefectures represent the central power.
In the name of the government, they assure the application of the laws, implement the governmental regulations and decisions and exercise the administrative control.
The walis and governors assist the presidents of the territorial collectivities and[,] notably[,] the presidents of the Councils of the regions in the implementation of the plans and the programs of development.
Under the authority of the ministers concerned, they coordinate the activities of the deconcentrated services of the central administration and see to their good functioning.
Article 146
An organic law establishes notably:
- the conditions of democratic management of their affairs by the regions and the other territorial collectivities, the number of members of their councils, the rules relative to the eligibility, to the incompatibilities and to the case of the interdiction of accumulation of mandates, as well as the electoral regime and the provisions designed [visant] to assure the better participation of women within these councils;
the conditions of execution, by the presidents of the Councils of the regions and the presidents of the Councils of the other territorial collectivities, of the deliberations and of the decisions of said Councils, in accordance with the provisions of Article 138; the conditions of exercise[,] by the citizens [feminine] and the citizens [masculine] and the associations of law[,] of the right of petition provided for by Article 139; [their] own competences, the competences divided with the State and those which are transferred to the regions and to the other territorial collectivities, provided for in Article 140; the financial regime of the regions and the other territorial collectivities; the origin of financial resources of the regions and the other territorial collectivities provided for in Article 141; the resources and the modalities of functioning of the Fund of social improvement and of the Fund of interregional solidarity provided for in Article 142; the conditions and the modalities of the constitutions of the groups provided for in Article 144; the provisions favoring inter-communal development, as well as the mechanisms designed to assure the adaptation of the territorial organization in this sense; the rules of governance relative to the good functioning of the free administration, to the control of the management of the funds and programs, to the evaluation of the actions and to the rendering of accounts.
