Parliamentarians’ Abstention from Voting on Crucial Laws: A Deficiency in Representing Popular Will and a Breach of Democratic Principles

In a parliamentary precedent that has sparked widespread debate about the commitment of Moroccan MPs to their constitutional duties and the quality of legislative practice, the House of Representatives held a significant vote on the draft Law No. 03.23, concerning the amendment and supplementation of the Code of Criminal Procedure. However, a vast majority of deputies were absent, with 333 out of 395 members—about 85%—not present during the session.

Despite the critical importance of this legal text, which affects the core of the criminal justice system and defines the relationship between citizens and the judiciary, the law was passed with the approval of only 47 members, opposed by 15, and no abstentions recorded, raising serious questions about the seriousness and dedication of the deputies toward representing their electorate’s will.

This recurring pattern of absenteeism, not limited to the House of Representatives but also observable, albeit to a lesser extent, in the House of Councillors, reveals a profound crisis in parliamentary representation and exposes a weak engagement of MPs in lawmaking and government oversight—the very essence of parliamentary responsibilities as enshrined in the constitution.

The absence of more than three-quarters of MPs in a decisive voting session on a law directly impacting individual freedoms reflects not merely negligence or neglect but constitutes an ethical breach of democratic representation and undermines the credibility of the legislative institution itself.

Where the parliament is supposed to be a serious forum for democratic deliberation on matters organizing public life, the silent majority of MPs has become an obstacle to enacting legislation that meets citizens’ aspirations, using absenteeism as a means of avoiding accountability and responsibility.

Moreover, in the absence of any sanction mechanisms or incentives to encourage attendance and active participation, the parliament has gradually transformed into a formal entity that legitimizes laws passed by a small group, in the absence of the majority.

This reality negatively affects public trust between citizens and their representatives and fuels the widespread perception of the parliament’s ineffectiveness, threatening to further weaken political participation in the future, whether in elections or legislative engagement.

Despite official political will to modernize the justice system and strengthen rights and freedoms, the success of these reforms requires a parliament that diligently and responsibly exercises its functions rather than merely relying on a quorum that barely meets the minimum legal threshold.

The recent vote on the amendment of the Code of Criminal Procedure urgently highlights the need to review parliamentary work practices and adopt practical measures to curb the habitual absenteeism, whether through financial penalties or periodic public disclosure of attendance records, to ensure transparency and accountability.

Ultimately, democracy is measured not only by the quantity of laws enacted but by the manner in which they are passed, by who votes on them, and by the number of voices absent—leaving gaps in legislation and betraying those who elected them.

About محمد الفاسي