Balances, allowances, age, exemptions, duration …: here is what the bill on military service proposes, since it was adopted on Monday, 20 August 2018 in the Council of Ministers. Next step: parliamentary control and approval. Then the application texts.
The draft law No. 44.18 on the military service, adopted on Monday 20 August 2018 in the Council of Ministers, states that the citizens contribute to the defense of the homeland and its territorial integrity under the provisions of Article 38 of the Constitution. For this purpose they are subject to military service in accordance with the terms and conditions set out in the aforementioned bill.
> Duration: 12 months. For example, according to Article 4 of this draft, the duration of the military service is twelve months.
> The age of profession. On the basis of the same article, the professional age of taxpayers is set at 19 years, while military service is due until the age of 25 years.
> Exemptions. According to Article 1 of this draft, provisional or definitive exemptions may be granted, the conditions of which are laid down by regulation.physical or health inability certified by a medical report issued by the services of the relevant public hospital formations, the money maker or the further studies.
However, persons over the age of 25 who are exempt or exempt for one of the reasons set out in Article 1 may be summoned to serve their military service until the age of 40, if the reason for exemption or exemption is terminated is set out in Article 4. .
> Exclusions. According to Article 2, persons who have been sentenced to a criminal judgment or to a term of imprisonment for a term of imprisonment of more than six months are excluded from military service until they are rehabilitated.
> Mobilization, reservists. Persons who, for whatever reason, have not exercised their military service, can, if circumstances so require, be mobilized, see Article 3.
At the end of the military service, the conscripts are deposited in the reserve of the Royal Netherlands Armed Forces (FAR) according to the applicable legislation, indicates Article 5.
> Legal status of conscripts. Moreover, Article 6 states that "conscripts are subject to military laws and regulations, including Law No 108-13 on military law, Law No. 01-12 on basic guarantees given to FAR soldiers, and Dahir No. 1-74. -383 approving the regulation of the general discipline in the FAR ", noting that they get numbers according to the hierarchy in force in the FAR.
> One-off missions within government services. If necessary, conscripts with technical or professional qualifications may complete specific tasks within the administrations upon completion of the common basic training that falls under the provisions of Articles 37 and 38 of the general discipline regulations in the FAR. with the permission of the military authority, which determines the conditions and duration, in accordance with article 7.
> Balances and fees. Appellants who do not belong to certain categories, in particular civil servants and employees in the public sector, are entitled to payment and allowances whose rates are fixed by regulation. are exempt from taxes or other charges provided for by applicable law.
> Clothing, food, care, insurance. According to Article 9, the needs of conscripts are met "under conditions identical to those of FAR soldiers". Clothing and food are free, regardless of the grade. Article 10 adds that conscripts, like the military, are entitled to care in military hospitals, medical coverage, death and disability insurance and medical social assistance.
Article 11 provides in the same way that, like active military personnel, the damage suffered by conscripts during their military service is covered by invalidity and invalidity insurance.
> Early release. At the end of their military service, the conscripts are released, article 12 points out that a fraction or the totality of the quota can, however, be released or maintained in advance beyond the legal term, as recalled in accordance with the legislation in force, if the circumstances this requires.
> Secret defense. Article 13 for its part warns that conscripts, even after their release, are bound by the duty of confidentiality and by the protection of defense secrets, in particular everything concerning the facts, information and documents of which they have been informed. military service and are liable in this respect for the sanctions provided for by applicable law.
> The case of officials. "Without prejudice to the contrary laws, regulations and administrative provisions, officials and employees of public administrations, local authorities, employees of establishments and public undertakings and other bodies subject to Law 69-00 on financial control of the State public enterprises and other bodies shall be made available to the public. National Defense Administration during the period of military service ", adds Article 14.
"As such, they retain their right to progress, retirement, remuneration and social security in their original framework, and they also benefit from death and disability insurance and medical and social assistance, in the same way as the army of the active. related to it, are taken by the state ", according to the same article that states that at the end of their military service, they are restored to their original environment.
> Sanctions. Finally, according to Article 15 of the draft law, persons who are the subject of a military service and who have been called by the competent authority to identify or screen them, refrain from appearing in front of that authority, without valid reason, are punished with a prison sentence of one (01) to three (03) months and a fine of 2,000 to 5,000 dirhams.
We will wait until the regulatory texts have more details.