The problematic transfer of deputies from one party to another

The problematic transfer of deputies from one party to another


2018/10/10 09:57

(Encyclopaedia of this day to the news of Iraq ) - Last updated: 10 October 2018 - 9:56 p
By Dr. Ali Mahdi

Raised before the first session of the Council of Representatives in its fourth session and beyond, the problematic transfer of some of the deputies of the parties or coalitions during which they ran to the parties and other blocs, in order to influence the strength of the parliamentary bloc the most numerous, contained in the Constitution, which has the right to nominate one The personalities to assume the post of Prime Minister, commissioned by the President of the Republic.

In order to shed light on this issue that has to do with the credibility of the MP towards his voters and their impact on the political stability in the country, and stand before its legalization and comparison with the other state when dealing with this problem, this article has been prepared.

Legal and political input

The general rule is the right to participate in public affairs, to enjoy political rights, including the right to vote, to vote and to stand for election, to freedom of thought, conscience and belief, and to freedom of association and political parties, and no one may be compelled to join any party, Political, or forced to continue membership.

And that the exception to this rule is to restrict these rights and freedoms guaranteed by the Constitution some controls and provisions. 

Changing party affiliation is also one aspect of this right enjoyed by citizens. 

Party commitment is a personal matter of the member towards his party and its adherence to the rules and adherence to its intellectual principles and public policy.

The problem of transition between the parties is suffering from the political systems, the modern transformation of democracy based on multi-party and intellectual and the peaceful transfer of power through free and fair elections and on the basis of a fair election. In the political systems that have undergone stages of development in the democratic experiment do not suffer from this problem by virtue of the existence of parties Represent social classes and belong to them are based on intellectual convictions and political and institutional frameworks and characterized by high discipline.

Therefore, the political systems in the state of democratic transition suffered from the phenomenon of the transfer of members of Parliament from one party or coalition to another, which left its impact on the credibility of the elections and the lack of confidence by citizens in partisan life and the reluctance to submerge and the decline in participation in public affairs and thus disturb the political stability, This problem reflects the fragility of moral and moral commitment to the party and the relationship between existing parties, and develop the phenomenon of opportunism and access within the political life in the country.

Different interpretations

The move has stirred controversy among those interested in political and legal affairs between supporters and opponents of laws and regulations to curb it.

Proponents believe that the legislation of laws to limit the phenomenon of transition and the identification of some controls to organize in the following points:

Enhancing confidence in the popular will and embodied in the selection of deputies on the basis of lists of parties, and lastly the great credit in the delivery of deputies to the seats of Parliament. 

It was the voter's choice at the beginning of the party's list and program, and second in the selection of the candidate and this in the open electoral systems, but if the list is closed, the party has a big role in the selection of people.

Contribute to the strengthening of commitment within the parties, unity and non-fragmentation, because cohesive political parties are one of the main pillars of the success of democratic systems.

Contribute to the absence of any imbalance between the political forces winning, and thus a kind of political stability in the formation of the government.

Reducing transfers helps fight corruption by preventing the sale of seats for personal reasons.

The legalization of the transition contributes to the promotion of internal dialogue, broad debate and access to common points.

Those who refuse to put in place laws to limit the transfer, they say that this contravenes the charters and constitutions that approved the freedom of belief and thought and the enjoyment of political rights, including belonging to political parties and not to be forced to continue membership, and these laws strengthen the authority of party heads at the expense of members.

In comparative law:

In order to see the experiences of some modern countries in the democratic transition and know the nature of legislation issued to reduce this problem and deal with it and benefit from the benefit of the work of political parties in Iraq and cohesion within the House of Representatives, we know the experiences of some countries according to the following:

Morocco

(... A person who has an electoral mandate valid in one of the two chambers of Parliament elected by an existing political party may not join another political party until after the expiry of his term of office or the date of the specific decree, as the case may be, In the House of Advisers for the members of Parliament eligible to run for the elections. With this provision, the legal text was circumvented by narrow interpretation by the judiciary and recourse to Article 55 of the same law, which stipulates that a person who engages in a political party shall be fined from 20,000 to 100,000 dirhams Without consideration Articles 5 and ...) and the inability to address the transition of members of some parties in parliament to the majority party.

The new Moroccan constitution for the year 2011 adopted a clear and explicit text prohibiting the transition from a party or bloc or parliamentary group to another. The constitutional text stated that the seat of the transferor by virtue of nothingness, which he considered vacant, and must be referred to others, according to the following text , A person who has renounced his political affiliation, who nominates in his name for the elections, or the group or parliamentary group to which he belongs, and 

the Constitutional Court shall declare the vacancy of the seat on the basis of a referral from the President of the Council concerned, in accordance with the rules of procedure of the Council concerned, Referral to the Constitutional Court).

2. South Africa

South Africa is a model for democratization. The transitional constitution of 1994, followed by the 1996 constitution, laid the foundations for political stability and the avoidance of divisions within the society through which a government was elected through a general election led by Nelson Mandela under the proportional party list system Closed without specifying any ceiling to enter parliament.

There was a constitutional provision that the member would lose his seat if he wanted to move from the party because the seat belongs to the party and not the person, but it changed after the passage of the Freedom of Movement between Parties Law of 2002, which allows freedom of movement from parties without losing the member's seat as long as the party agrees Which shall be transferred to him, shall not be less than the proportion of the number of members moving from 10 per cent of the total number of seats of the party from which members will move, and that the transition during the first fifteen days of the second year to announce the result of the elections, and affected the law on the work of parties in parliament [ 1]

The legislator in South Africa has dealt with the balance between the need for political stability, the unbalanced balance between the winning forces, the freedom of belief, thought and party affiliation, and the failure to be forced to remain in a particular party. The law stipulated that 10% , The MP has been moved to another party on condition that the second is the date in the first two weeks of the second year to announce the result of the elections, and this means that when the MP moved to another party has been completed the formation of the government according to the election when the announcement of the results.

3. Pakistan

A republic with a federal parliamentary system consisting of four regions, a country that is ethnically and linguistically diverse. Historically, after independence in 1947, it was marked by periods of military rule and political instability. The 1973 Constitution was re-enacted in 2002 and amended in 2012.

The Pakistani Constitution of 1973 dealt with the transfer of a member of parliament from one party to another in article 63 under the title:

Loss of civilizability due to the schism and defined by the following conditions:

1- If he resigns from the party or joins another parliamentary body.

2- To cast his vote or abstention in the Council, contrary to the directives of the parliamentary body to which he belongs in relation to the following:

- Election of prime minister or prime minister.

- Vote to grant confidence or withdraw confidence.

- Draft law on public finance or a draft law amending the constitution.

Thus, it is clear that the Pakistani legislator has adopted a method of strengthening partisan discipline to some extent, in comparison with other countries, in order to stop any movement of the party members in parliament to any other party. He also referred to some partial procedures when the party member violated the directives of his party's parliamentary body In specific subjects and are considered essential in the work of Parliament.

Conclusion

The process of democratization taking place in Iraq in light of the challenges facing it at present, and in the absence of a democratic party life rooted in the amendment requires: the Political Parties Law No. 36 of 2015, the rules of procedure of the House of Representatives or the Independent Electoral Commission or the electoral law, Some measures and controls to reduce the problematic transition from one party to another in light of the growing fragmentation within the parties and reflected on the imbalance between the winning forces in the elections, which hinders the formation of the government for a few times and the negative impact on the situation of weak political stability and T regular public facilities.

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