حالات التنافي مع العهدة النيابيّة في التشريعات المغاربيّة

تحميل رسالة (أطروحة) دكتوراه بعنوان حالات التنافي مع العهدة النيابيّة في التشريعات المغاربيّة

الملخص: The elected councils, both national and local, are the platform of democracy through which the people express their will and aspirations through their members, who are considered the main drivers of these councils. And to carry elected members to carry out their representative mission independently and transparently, and to effectively and affectively discharge their responsibilities, the legislator surrounded them by restricting the system of conflict, prohibiting them from practicing certain activities and tasks that could put pressure on them and affect their performance. The thesis was based on studying cases that contradict parliamentary tasks And mechanisms to address them and their reflection on the members in the light of the experiences of the Maghreb countries (Algeria - Tunisia – Morocco) . The process of determining of incompatibility cases with the parliamentary mandate has been characterized by a disparity in its organization according to the angles considered by each legislator, so that their visions intersect in some cases that affect the principle of separation of powers or affect the sovereign status of the state, as well as the principle of trading power. A principle that does not affect the independence of deputies. As for the identification of incompatibility cases with the local representative mandate, most of them were based on the absence of a combination of the electoral terms and the full assignment of the heads of councils to their parliamentary functions, while prohibiting some sporadic cases that could lead to a conflict of interest. In order to deal with incompatibility cases with the parliamentary mandate, the legislation in question has established a control procedure that regulates the process of segregation in incompatibility cases, with a number of aspects such as the internal control exercised by the electoral bodies, and the external judicial supervision, which undertakes to the constitutional judiciary in relation to the state of parliamentary custody. Administrative disputes should be considered in incompatibility cases of the local parliamentary pledge. The application of the principle of reciprocity to members is reflected positively in the form of guarantees, such as the financial and material reward provided for them in the event of their full commitment to the custody, in addition to maintaining their posts at the end of the tenure and strengthen their position among voters to ensure electoral benefits again, In the form of termination of parliamentary membership or exemption from liability. As a result, vacancies for parliamentary seats have to be compensated in accordance with legal procedures