A new position from the Federal Court on the electoral process

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A draft law to extend the mandate of the Kurdistan Parliament by a majority amid objections

2022.10.02 - 11:44

 

Baghdad - people  

A number of deputies belonging to different blocs in the Kurdistan Parliament submitted a draft law to the presidency; To extend the mandate of the fifth session amid the objection of other deputies.  

  

Kurdish sources monitored by "Nass" (October 2, 2022), stated that "the signatories to the draft law are 85 out of 111 deputies, and they are distributed as follows:45 members of the Kurdistan Democratic Party, 22 members of the Patriotic Union of Kurdistan, seven members of the Change Movement and 11 members of the components (minorities) while the Islamic blocs opposed it, and 5 of the former members of the Change bloc.”  

The sources said that "the presidency of the Kurdistan Parliament will soon include the draft law on the agenda."  

According to "Nass"'s follow-up, the bill met with great objections from activists for violating the foundations of the democratic process. In this context, the judge and constitutional expert Latif Mustafa re-published a video clip of the late President Jalal Talabani, in which he states that the extension of parliaments violates the rules of democracy and that voters give confidence to those councils for a period of time. Limited, not extendable under any excuse or circumstance. 

  

 

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Parliament: Extending the life of Kurdistan Parliament is incorrect

 

 2022-10-02 07:07

 

Shafaq News/ The Kurdistan Parliament member for the Change Movement, Ali Hama Salih, considered on Sunday the extension of the parliament's lifespan for the current legislative session as "incorrect."

Hama Salih said in a statement he made to reporters in front of the parliament building, "I did not sign the request submitted to extend the life of the Kurdistan Parliament because the Change bloc proposed the extension throughout the previous legislative sessions from 2009 to 2017."

He added, "Today I say that my past was a mistake, and today the extension of the life of the current session is true, because I will never say it."

This comes at a time when the Kurdistan Democratic Party (KDP), the Patriotic Union of Kurdistan (PUK) and the Movement for Change submitted an official request to the Kurdistan Parliament Presidency, requesting an extension of the current parliamentary session.

This session is the fifth session of the Iraqi Kurdistan Parliament, and Parliament Speaker Rewaz Faiq announced last September in a special statement to Shafak News Agency, the extension of the current session of Parliament.

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A new position from the Federal Court on the electoral process

Policy

2022-10-04 | 08:01

 

 

 

 

Source:

Alsumaria news

 

3,723 views

 

 

Today, Tuesday, the Federal Supreme Court expressed a new position on the electoral process.

In a statement received by Alsumaria News, the court stated, "The principles of the ruling issued by the Federal Supreme Court No. (156 and its unit 160 / Federal / 2022), the court considers that

1. The right to vote, to vote and to run for election is one of the rights guaranteed by the constitution and all authorities must provide the means necessary to ensure that the citizen enjoys it. Otherwise, the electoral process loses its democratic value, and this represents a violation of the constitution and the authorities lose the law of their existence, which derives from the people according to the provisions of Article (5) of the Constitution of the Republic of Iraq for the year 2005.

 

 

2. One of the most important ways to achieve democracy is to find an independent body to administer the electoral process and prevent interference in it by state authorities or political blocs, and making that body’s reference to the political parties participating in the political process loses its impartiality and independence.

3. The failure to guarantee the people's right to vote, elect, and run for office will deprive the political process of its constitutional components and affect the extent to which citizens participate in the elections or not.

 

4. The elections should be an arena for competition between national ideas and principles that affect the state and the citizen, and guarantee the constitutional rights of all components of the Iraqi people away from negative competition that is based on following all methods for the purpose of reaching power to achieve personal interests.

The court noted that “the phrase exclusive authority assigned to the Independent High Commission for Elections and Referendum in the Kurdistan Region under Article (Second / First) of Law No. (4) of 2014 violates the provisions of Articles (20 and 102) of the Constitution of the Republic of Iraq for the year 2005 as it affects the independence of The Independent High Electoral Commission, which necessitates its unconstitutionality.

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The Federal Court ruled that the authority of the Electoral Commission in the Kurdistan Region was unconstitutional

 

 2022-10-04 08:04

 

Shafaq News/ The Federal Court (the highest judicial authority in Iraq) announced on Tuesday that the exclusive authority of the Independent High Electoral and Referendum Commission in the Kurdistan Region is unconstitutional.

This came in the ruling on the lawsuit filed by the head of the New Generation bloc in the Iraqi parliament, MP Sarwa Abdul Wahed, against the Speaker of Kurdistan Parliament, Rewaz Faeq, in addition to her position regarding the unconstitutionality of the law of the High Commission for Elections and Referendum in the region.

In its ruling in the lawsuit filed, the Federal Court clarified that the right to vote, elect, and run for office is one of the rights guaranteed by the constitution, and all authorities must provide the necessary means to ensure the citizen’s enjoyment of it. The provisions of Article (5) of the Constitution of the Republic of Iraq for the year 2005.

The statement added that one of the most important ways to achieve democracy is to find an independent body that will manage the electoral process and prevent interference in it by state authorities or political blocs, and making that body's reference to the political parties participating in the political process loses its impartiality and independence.

The statement also pointed out that the failure to guarantee the people's right to vote, elect and run for office would deprive the political process of its constitutional components and affect the extent to which citizens participate in the elections or not.

In its statement, the court stated that the elections should be an arena for competition between national ideas and principles that affect the state and the citizen, and guarantee the constitutional rights of all components of the Iraqi people away from negative competition that is based on following all methods for the purpose of gaining power to achieve personal interests.

The court concluded its statement by saying that the phrase “exclusive authority” assigned to the Independent High Commission for Elections and Referendum in the Kurdistan Region under Article (Second / First) of Law No. (4) of 2014 violates the provisions of Articles (20 and 102) of the Constitution of the Republic of Iraq for the year 2005, as it affects the independence of The Independent High Electoral Commission, which requires unconstitutionality.

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The Federal Court decides on the case for the KRG to hold the Kurdistan Parliament elections

2022.10.04 - 15:14

 

Baghdad - people  

The Federal Supreme Court decided that parliamentary elections may not be held in the Kurdistan region by the commission in the region.  

  

  

  

The lawsuit was filed by the head of the New Generation bloc in the Iraqi parliament, and four representatives of the aforementioned bloc, against the speaker of the regional parliament, to demand the abolition of the aforementioned decision on the grounds that it is "unconstitutional."  

  

The plaintiffs demanded that the Independent High Electoral Commission in Iraq take over the upcoming parliamentary elections in the Kurdistan region.  

  

And the text of the federal decision, of which “Nass” received a copy, (4 October 2022), stated that “the term exclusive authority assigned to the Independent High Commission for Elections and Referendum in the Kurdistan Region in accordance with Article (Second / First) of Law No. (4) of the year 2014 violates the provisions of Articles (20 and 102) of the Constitution of the Republic of Iraq for the year 2005 because it violates the independence of the Independent High Electoral Commission, which requires its unconstitutionality.  

  

And she added, "The right to vote, elect, and run for office is one of the rights guaranteed under the constitution, and all authorities must provide the necessary means to ensure that citizens enjoy them. Otherwise, the electoral process loses its democratic value, and this represents a violation of the constitution and the authorities lose the law of their existence that derives from the people based on the provisions of Article (5) of the constitution. Republic of Iraq for the year 2005.  

  

And she continued, that one of the most important ways to achieve democracy is to find an independent body to manage the electoral process and prevent interference in it by state authorities or political blocs, and that making that body's reference to the political parties participating in the political process loses its impartiality and independence.  

  

And she indicated, "Failure to guarantee the people's right to vote, elect, and run for office loses the political process its constitutional components and affects the extent to which citizens participate in the elections or not."  

  

She pointed out that "the elections should be an arena for competition between national ideas and principles that affect the state and the citizen, and to guarantee the constitutional rights of all components of the Iraqi people away from negative competition that is based on following all methods for the purpose of gaining power to achieve personal interests."