These Associations are very active in the various domains and constitute
indispensable partners of the public authorities in the economic, social and
cultural development effort. They have become a school of citizenship and an
indispensable asset in the construction of political and social modernism. Thus,
participative democracy does not stop at the conceptual level. By opening up to
the ideas and to the creativity of the citizens in order to involve them in the
choices to be made, the associative movement acting within the framework of
legality is at once a political capacity for mobilizing the citizens to help draw out
future prospects and an approach which is also intended to give shape to a rearticulation of the relationships between the State and civil society.
The political ideal governing this aim – the new citizenship – presupposes more
or less the idea that direct democracy is open to all the citizens who wish to
particiapte in it. This direct presence of civil society therefore allows the initiation
of a certain form of public management which maintains a stable system in which
militancy cannot stifle the rights of individuals and break the rules of the game as
defined by the rule of law.
239. It is in this same context of consolidating civil society action that lies the
mission entrusted by the Head of State in November 2005, to the Chairperson of
the Supreme Human Rights and Fundamental Liberties Commission, consisting
of establishing contacts with the leaders of the Political Parties and other
components of civil society and to be informed about their concerns, expectations
and aspirations.
240. In the face of the changes generated by globalization and the attendant
consequences, the protection of social achievements by the State implies the
need for veritable dialogue for the reconstruction of a Social and Citizen’s
Agreement. This dialogue has greater chances of taking place in the world of civil
society where there are Associations, Trade Unions, Craftsmen, the Professions,
and where there are more chances of findng concrete and humanly acceptable
solutions within the context of the dialectics of citizen action and better communal
living. It is in this sense that the participation of civil society in public affairs
contributes, in a decisive manner, to the rebuilding of the political domain, through
another relationship between civil society and the State by making the civil and
political rights more effective and concrete.
II- The Electoral System
A) The Presidential Elections
241. Constitutional law n° 99-52 of 30th June 1999, bearing dispensatory
provisions in the third paragraph of Article 40 of the Constitution, sanctioned, for
the first time, the pluralism of candidatures to the presidential elections of 1999.
This law no longer requires that the candidate be presented by 30 elected
persons as Article 40 of the Constitution previously stipulated. This law makes
provision, exceptionally, for the first leader of a Political Party to be candidate,
whether he is Chairman or Secretary General, on condition that on the day of
submission of his candidature, he would have been exercising his duties for five
consecutive years and that the Party has at least one representative in the
National Assembly.
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