البنية المفاهيمية لحريات التجمع في المغرب بين أفق التشريع و تأويلات الممارسة

Abstract EN

The Moroccan legislature has made the intention of Article 29 of Moroccan Kingdom Constitution of 2011 burdened with basic freedoms and rights exercises in an individual or collective framework by citizens within appropriate conditions for the international climate as stipulated by international conventions and within the provisions of the constitution and the requirements of legislative and regulatory texts, in addition to the administrative decisions taken by the public authorities that reflect their appreciation of restricting or permitting the exercise of these freedoms, especially public gatherings, peaceful assembly, and the practice of strikes, which requires subjecting that discretionary power to reasoning and taking into account legal and realistic considerations, under the supervision of the judiciary.

Thus, this article contributes to the analysis of the structure of Article 29 of the 2011 Moroccan Constitution by attempting to distinguish between the concepts of freedoms constituting the nature of groupings contained in a structure on the one hand, and the role of tight conceptual framing in international conventions and national legislation in avoiding possible conflicts and differences in interpretations of exercising freedoms assembly by individuals and groups on the other hand.