The Compentencies of the Commune

The competencies of the Tangiers Commune are determined according to the Organic Law No. 113.14 on Communes, the third article of which states: The management of the commune’s affairs is based upon the principle of free management, by virtue of which it is authorized each group, within the limits of its competencies stipulated in the second section of this organizational law, to be given the power to deliberate in a democratic manner, and the power to implement its deliberations and decisions, in accordance with the provisions of this organizational law and the legislative and regulatory texts taken to implement it.

The communal organization is based on the principles of solidarity and cooperation between the communes and between them and the other local authorities, with a view to achieving their objectives, in particular the implementation of joint projects in accordance with the mechanisms provided for by this organic law.

The law detailed the competencies of the commune in the second section entitled “competencies of the communes”, starting from article 77 as follows:

General principles – Article 77

Within its territorial district, the commune is responsible for providing proximity services to citizens within the framework of the competencies assigned to it by the law relating to the organization act of communes, through organizing, coordinating and tracking them .

To this end, the Commune exercises its own competencies as well as joint powers with the State and competencies transferred to it by the latter.

Own competences of the Commune – Articles 78 to 82

Own competences include the competencies entrusted to the commune in a specific field so that it can carry out, within the limits of its resources and within its territorial circle, the work related to this field, especially planning, programming, implementation, management and maintenance.

Communal Action Programme :

The Commune, under the supervision of the Chairman of its Council, sets its action programme and ensures its monitoring, updating and evaluation.
This programme specifies the development projects to be carried out or to contribute to them on the territory of the Commune for a period of six years, as well as a diagnosis of the needs and capacities of the Commune, especially its priorities, an evaluation of its resources and estimated expenditures for the first three years. This programme also takes into account the gender approach.

Infrastructure and public facilities of the Commune :

The commune creates and manages the infrastructure and public facilities necessary for the provision of local services in the following areas :

• Distribution of drinking water and electricity.
• Urban transport.
• Street lighting.
• Liquid and solid sanitation and wastewater treatment plants.
• The cleaning of roads and public places, the collection of household and similar waste, their transport to landfills, their treatment and their recovery.
• Traffic, signaling of public roads and parking of vehicles.
• Health protection.
• Transport of the sick and injured.
• Transport of the dead and their burial.
• Creation and maintenance of cemeteries.
• Communal markets.
• Craft fairs and promotion of local products.
• Markets for the sale of cereals.
• Bus stations.
• Rest areas.
• The creation and maintenance of natural parks under the territorial jurisdiction of the commune.
• Campsites and summer areas.

Also, the commune, in partnership with other actors in the public or private sector, creates and manages the following facilities :

• Wholesale markets.
• Slaughterhouses and meat transport
• Fish markets.

Urban planning and territorial development :

Subject to the laws and regulations in force, the commune manages the field of town planning with the following objectives:

• Ensure that the choices and controls established in the urban master plans and all other documents related to land development and construction are respected.
• Study and approve the collective controls of the buildings in accordance with the laws and regulations in force.
• Implement the prescriptions of the urban plan and the city’s development plan concerning the creation of new areas to be developed, according to the terms and conditions determined by law.
• Establish the system of addresses related to the commune, specifying its content and the procedures for its development and updating it under a decree issued on the proposal of the government authority in charge of the Ministry of the Interior.

International Cooperation :

The Commune may conclude agreements with actors outside the Kingdom within the framework of international cooperation, as well as obtain funds within the same framework after approval by the public authorities in accordance with the laws and regulations in force.
No agreement can be concluded between the Commune, the Institution for the cooperation of local authorities, the Community of local authorities and a foreign country.

Joint mandate – Articles 87 to 89

The common competencies between the State and the commune include the competencies which prove effective to be exercised jointly, and these competencies are exercised in a contractual manner, either at the initiative of the State, or at the request of the commune. These are mainly :

• Develop the local economy and boost employment.
• Preserve and develop the peculiarities of the local cultural heritage.
• Carry out the actions necessary to relaunch and encourage private investment, in particular infrastructure and equipment projects, contributing to the establishment of economic activity zones and the improvement of working conditions for companies.

To this end, the commune can contribute to the realization of the following projects:

• Youth centres.
• Nurseries and kindergartens.
• Centers for women.
• Centers for the elderly.
• Social centers for accommodation.
• Recreation centers.
• Cultural complexes.
• Communal libraries.
• Museums, theatres, art and music institutes.
• Sports complexes, sports grounds, indoor halls and sports institutes.
• Swimming pools and tracks for cycling, horse racing…
• The preservation of the environment.
• Coastal management in compliance with the laws and regulations in force.
• The development of beaches, coastal paths, lakes and banks located within the perimeter of the commune.
• Maintenance of basic education schools.
• The maintenance of health centers located within the territorial jurisdiction of the commune.
• The maintenance of national roads that cross the communal centre and its urban area.
• Construction and maintenance of roads and paths.
• Rehabilitation and tourist enhancement of the old Medina, tourist attractions and historical sites.

Competencies transferred – Articles 90 to 91

The areas of competencie transferred from the State to the commune are determined taking into consideration the principles of progressiveness and differentiation between the communes and include in particular the following areas:

• The protection and restoration of historical monuments and cultural heritage and the preservation of natural sites.
• The creation and maintenance of small and medium-sized water installations and equipment.

(Source: Organic Law 113.14 on communes)