Parliament ends discussion of the proposed amendment to the fourth electoral law
25/6/2018 12:00 am
[rtl]BAGHDAD / Sabah / Muhannad Abdel Wahab / Shaima Rashid
The House of Representatives after the resumption of the special session headed by Salim Jubouri, on Sunday, discuss the proposed law of the fourth amendment to the law of elections of the House of Representatives No. 45 of 2013, in a move supported by some deputies, stressing that the right of the House of Representatives Extended its work to follow up the important issues the country is going through, while others counted it as a "dangerous precedent," pointing out that political desires want to jump over the law and the constitution.
This comes at a time when the Board of Commissioners of the judges assigned to the Electoral Commission decided to re-process the counting and sorting manually according to the decision of the Federal Supreme Court for the electoral centers on which a complaint or official reports were received on suspicion of forgery only.
The Extraordinary Session
A statement by the Information Department of the House of Representatives, received by "morning", that the Parliament completed, at the beginning of the meeting, read a report and discuss the proposed amendment to the Fourth Law of the elections of the House of Representatives No. 45 of 2013 submitted by the Legal Committee.
In the interventions of the deputies, MP Jawad al-Bolani, the adoption of the Supreme Judicial Council in the management of the electoral process, noting the inclusion of voters outside the process of counting and sorting and all stations.
MP Hanan al-Fatlawi stressed the importance of emphasizing the text adopted in the Third Amendment Law for the counting and full counting of all stations and not limited to the stations contested, noting the exemption of the perpetrators of fraud and hold them accountable for wasting public money and the introduction of the country in chaos.
MP Mohammad Reza Amin called for reconsidering all appeals and freezing the work of the commissioners and referring them to the judiciary.
MP Zana Said expressed his rejection of the extension of the work of the House of Representatives as a dangerous precedent inconsistent with democratic systems, indicating that the vacuum will be parliamentary rather than constitutional.
MP Muthanna Amin suggested that the extension be an emergency measure limited to the situation the country is going through in relation to the electoral process and that it is not a permanent custom.
In turn, MP Shorouq Abayji urged to draw the causes that brought the country in a turning point and a serious confusion in regard to rigging the elections, pointing to the revision of the electoral law in accordance with the system of St. Lego.
MP Ahmed Al-Masari called for the necessity of adhering to the law of the legislator, which confirmed the process of counting and sorting the full manual inside and outside Iraq, and the electronic cancellation of the former and not limited to the stations contested.
MP Adel Nuri pointed to the legitimacy of the law of the House of Representatives, which was supported by the Federal Court to re-counting and sorting in full and not in part, stressing the importance of monitoring the process of counting and sorting until the announcement of the new results and ratification.
For his part, MP Arshad Salhi to the right of the House of Representatives to extend its work in order to follow up the important issues going through the country, while MP Ibtisam Hilali suggested the presence of observers from political entities during the counting and sorting to ensure the actions taken.
MP Samira al-Moussawi noted the importance of verifying voter votes in prisons.
For his part, stressed MP Mishan Jubouri to proceed with the fourth amendment to the law of the House of Representatives and obligate the Commission to count and count all the voters and stations throughout Iraq.
MP Mohammad Taqi al-Mawla called on the House of Representatives to ask the Federal Court to withdraw the hand of the Board of Commissioners in order not to allow them to interfere in the work of judges supervising the Commission.
The MP Salah al-Jubouri that the move of the House of Representatives to correct the electoral process focused on restoring the people's confidence in the political process again, stressing the need to abide by the amended law to re-counting and manual manual all stations inside and outside Iraq.
In its response to the interventions of the deputies, the committee stressed its keenness to take all the comments made on the proposed law, noting that the validity of the Federal Court is limited to the interpretation of the constitutionality of laws issued by the House of Representatives and not the interpretation of regulatory procedures.
It was then decided to adjourn the meeting until Thursday. Statement of the judges assigned
, That the Board of Commissioners (the judges assigned) held an expanded meeting has considered the third amendment to the law of elections of the Iraqi Council of Representatives No. 45 of 2013 amended and in accordance with the decision of the Federal Supreme Court No. 99/104/106 / Media / 2018 on 21/6/2018 and included In one of its paragraphs ((if it is proven that there are irregularities in obtaining those votes such as forgery and other irregularities affecting the freedom of elections and in the letter of the will of the voter is the process of manual counting and sorting stipulated in Article (1) of the Third Amendment Law of the House of Representatives elections law for these Votes only and not to prejudice the votes of the candidate And that there is no need to carry out the process of counting and sorting by hand, whether these votes were obtained inside or outside Iraq in application of the provisions contained in the Constitution in Articles 14, 20 and 38 / First of the Constitution
Hamza added that the Board of Commissioners decided to re-process the counting and sorting manually according to the decision of the Federal Supreme Court mentioned above for the electoral centers received a complaint submitted to the Independent High Electoral Commission or official reports on suspicion of forgery only without others, whether at home or abroad, To the will of the voter and his rights to participate in public affairs and not to waste his voice, which came without any violation, in addition to the work of the principle that what was true under the law or in the text of the law remains Mariah .. This is confirmed by the Federal Court decision, a Issued by the Commission is subject to appeal before the Federal Court of Cassation of the Electoral Judiciary.
"All the directors of the electoral offices (of the judges assigned) in the governorates that received complaints in their polling stations and stations will be instructed to transfer their funds with electronic verification devices (Bar Cord) in coordination with the police command of the province and the command of operations and under tight guard to The places assigned in the city of Baghdad and under the direct supervision of the director of the office (the judge appointed) will be determined later in the place and time to conduct a manual counting and counting in the presence of representatives of the United Nations and political entities and agents of candidates.
Opinions on the extension
and on his opinion to seek the Council of Representatives to extend its work, MP Faleh al-Khazali, in an interview for "morning", extending the life of parliament "dangerous precedent," indicating that the extension means that anyone who did not win the confidence of the people may agree at the last meeting on Extended survival.
He explained that the parliament and through his first deputy inquired from the Federal Court on the extension of the life of parliament in the first month of this year The court clearly stated that the life of parliament is four years and therefore the extension is illegal or constitutional, but the justification is also illegal because waiting for the completion of the count Sorting is not one of his tasks.
"The interpretation of the Federal Court and article 56 of the Constitution is that the parliamentarians are working for four years, whether paid salaries or not, indicating that the decision to vote on the extension of the work of parliament is incorrect and unconstitutional.
In turn, between the member of the House of Representatives Taha defense that if the parliament voted to extend its work, some political forces will challenge the decision in the Federal Court for being a dangerous precedent.
He said the defense, for "morning", that the extension of the life of parliament is contrary to Article 56 of the Constitution, which set the duration of the parliamentary session four years beginning from the first session and ends after four years at the same time to be held before the 45 days of the end of the four years, Had an opinion six months ago to extend because of the lack of completion of the procedures of the Commission and the response of the Federal Court is clear that the possibility of extension.
The defense said that the parliament started from the principle that the Federal Court in its latest decision said the House of Representatives to take some measures to address the process of counting and sorting and monitoring and follow-up to the parliament called for extension, noting that the extension paragraph is not mentioned in the Constitution because the parliament is governed by a constitutional article set four years old.
Ahmed al-Haj Rashid, a member of parliament, went to the opinion of his colleagues and promised to extend the life of the parliament a dangerous precedent. Although he believes that the Constitution did not prevent the extension, but pointed out that the current situation does not need to this extension.
In an interview with al-Sabah, Rashid said that there is no provision in the constitution to prevent or authorize an extension despite differences in views of the age of parliament set by parliament in article 56, indicating that Faisal in this matter will be the federal court.
In the meantime, accused the leader of the alliance of Sason, Haitham al-Lahibi, the House of Representatives to "circumvent" the results of the recent parliamentary elections, stressing that his alliance will challenge the decision to extend the work of the Council in the Federal Supreme Court.
"The current parliament has left no means but to follow it in order to circumvent the election results and change it," he said in a press statement. "Parliament is adopting an illegal and unconstitutional approach today and seeks to extend its age as a legislative authority that works according to the agendas of the losers, .
"If parliament succeeds in extending its life, we will take legal steps to curb that constitutional breach," he said.
He stressed that "Sawson will go to appeal to the Federal Court on the legality of the extension, and with us a number of other blocs," explaining that "Sason consulted his legal advisers, on the appeal, and that the provisions of the law and the Constitution are all contrary to the extension, and does not allow it absolutely.
On the other hand, the political analyst Jassim al-Moussawi said in a press statement that "the extension of the work of the parliament is not a constitutional right as the constitutional text sets the length of parliamentary work for four years, and Iraq does not need to extend the work of Parliament."
While the legal expert, Tariq Harb, in a press statement that "the amendment of the Fourth Parliament on the election law to extend his life is illegal and is an amendment to the Constitution, which set the age of parliament four years from the date of the first meeting."
"The amendment to the constitution needs a referendum, not a vote in parliament," he added, adding that "if the parliament passed the fourth amendment and extended his life, it will be vetoed by the Federal Court."
He stressed that the life of the parliament ends on June 30, four years after the date of the first session.[/rtl]
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