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[size=52]The Federal Court declares the unconstitutionality of 7 articles in the election law[/size]
[size=45]Baghdad / Tamim Al-Hassan[/size]
[size=45]The Federal Court ruled that 7 articles in the election law that Parliament voted on last March were unconstitutional. The articles rejected by the judiciary related to the date of legislative elections, and the conditions for candidates accused of criminal and corruption cases.[/size]
[size=45]As well as provisions relating to the organization of electoral districts for components, and blackmail of voters by some parties.[/size]
[size=45]This comes at a time when parties in the coordination framework consider that talk of postponing the provincial elections is just a “media rumor.”[/size]
[size=45]Some political groupings warn against holding the polls at this time for reasons related to the control of the power parties and the use of public money.[/size]
[size=45]Yesterday, the Federal Supreme Court announced the resolution of appeals under the election law. And she said in a statement that she “considered in a public session today (yesterday) the appeals brought before her (…) and issued her final and binding decision to all authorities, which includes the following:[/size]
[size=45]First: The unconstitutionality of Paragraph (b) of Clause (First) of Article (5) of Law No. (4) of 2023, which stipulates that (after the end of the electoral cycle for the provincial councils stipulated in Clause (First) of this article, elections will be held before ( 45) forty-five days, and the election date is determined by a decision of the Council of Representatives in coordination with the Commission before a period of no less than (90) ninety days).[/size]
[size=45]Second: The unconstitutionality of Clause (Third) of Article (6) of Law No. (4) of 2023 (Law No. (12) of 2018 on the Third Amendment to the House of Representatives Elections Law, Provincial Councils and District Councils), which stipulates (that he not be convicted of a felony or A misdemeanor involving moral turpitude or cases of administrative and financial corruption stipulated in Articles (330, 333, 334, 335, 336, 338, 339, 340) of the Penal Code No. (111) of 1969, amended by a final judicial ruling, whether or not it was covered by pardon. And the adoption of the text of Clause (Third) of Article (5) of Law No. (14) of 2019 (Law No. (12) of 2018, which stipulates (to be of good conduct and conduct) Not convicted of a felony or misdemeanor involving moral turpitude, including cases of administrative and financial corruption, by a final judicial ruling, whether or not it was covered by a pardon.[/size]
[size=45]Third: The unconstitutionality of Paragraph (C) of Clause (First) of Article (9) of Law No. (4) of 2023, which stipulates (seats allocated to the Christian component of the membership of the House of Representatives). Their districts are divided as follows:[/size]
[size=45]1- The two seats of Erbil and Dohuk shall be the Kurdistan region, with its administrative borders, as one constituency.[/size]
[size=45]2- The seats of Baghdad, Nineveh, and Kirkuk shall be Iraq (except for the Kurdistan Region) as one constituency.[/size]
[size=45]Fourth: The unconstitutionality of the phrase (Sabi Mandaean) of Paragraph (D) of Clause (First) of Article (9) of Law No. (4) of 2023. The phrase of Paragraph (D) remains as follows: (The seat allocated to the constituent, Iraq will be one constituency The candidacy is individual within the constituency, and the winner is the one with the highest votes.[/size]
[size=45]Fifth: The unconstitutionality of Paragraph (e) of Clause (First) of Article (9) of Law No. (4) of 2023, which stipulates (seats allocated to the components (Yazidis, Shabak, Faili Kurds), the governorate for which the quota seat is allocated is an electoral district One for the House of Representatives elections, and the candidacy is individual within the constituency, and the winner is the one with the highest votes.[/size]
[size=45]Sixth: Confronting and ruling the unconstitutionality of Article (14) of Law No. (4) of 2023, which states (the text of Clause (Second) of Article (37) of the law shall be deleted and replaced by the following: Second: Entities and individuals that prevent political parties from opening their headquarters And the exercise of its electoral activities), and the adoption of the text of Clause (Second) of Article (37) of Law No. (12) for the year 2018 as amended, which stipulates (giving, offering, or promising to give a voter a benefit for himself or for others to make him vote in a certain way or abstain from voting). vote).[/size]
[size=45]Seventh: The unconstitutionality of Article (21) of Law No. (4) of 2023, which states that (the Federal Service Council shall appoint those covered by the provisions of Article (1) of Law No. (27) of 2019 from among the members of (provincial, district and sub-district councils) who continue to serve until 26/11/2019 and their distribution to ministries and entities not associated with a ministry according to specialization and geographical location, and their previous service is calculated for the purposes of bonuses, promotion and retirement.[/size]
[size=45]Second: The governorates that are not affiliated with a region must provide the Federal Service Council with support for continuity of service and a certificate of the last salary until 11/26/2019 for those covered by the provisions of item (first) of this article.[/size]
[size=45]Eighth: Rejecting the claim of the plaintiffs regarding the appeal against the rest of the articles of Law No. 4 of 2023 that were not ruled unconstitutional referred to above).[/size]
[size=45]Are you postponing the elections?[/size]
[size=45]Last June, the government approved holding local elections for the first time in 10 years, on December 18.[/size]
[size=45]It is assumed that more than 6,000 candidates will participate to fill 275 seats in the provincial councils within 136 entities, including alliances, parties and individuals.[/size]
[size=45]The commission said yesterday that the elections will be held as scheduled.[/size]
[size=45]And according to what the official agency quoted from the legal advisor in the commission’s media, Dawood Salman, he said, “The issue of postponing the election date is within the authority of the state’s bureaucracy and its policy.”[/size]
[size=45]As for the job of the Commission, Salman confirmed that it is: “a technically mandated entity to manage the electoral process, and the elections are ongoing, and preparations are still underway.”[/size]
[size=45]On the other hand, some political forces are still talking about the continuation of the technical problem related to the end of the commission's mandate, which coincides with the election results.[/size]
[size=45]It is assumed that the mandate of the current commission of judges will expire on January 7, 20 days after election day.[/size]
[size=45]In addition to the possibility of postponing the elections due to demands and warnings from political parties and groupings about the role of political money in this poll.[/size]
[size=45]A leader in the Dawa Party underestimates the impact of these demands. Rasoul Abu Hasna told (Al-Mada): “Politically, holding elections and postponing them is almost impossible.”[/size]
[size=45]Abu Hasna, a former deputy, adds: “The commission is close to completing its procedures, and financial allocations have been secured for the implementation of the elections. In return, the parties completed the lists of candidates.”[/size]
[size=45]A few days ago, the National Coalition, led by Iyad Allawi, announced a boycott of the elections due to the presence of “political money.”[/size]
[size=45]The Independents Alliance, which includes deputies and activists, questioned the possibility of rigging the elections using “corrupt money.”[/size]
[size=45]Likewise, the Rejection group, which includes activists and journalists, considered that the upcoming elections would not bring about the desired change.[/size]
[size=45]There is talk about the possibility of large groups boycotting the elections according to these warnings, especially since there is now talk about some coalitions affiliated with the coordination framework “purchasing independents.”[/size]
[size=45]Some civil circles talk about paying large sums of money and making promises to parties affiliated with the October movement in 2019 to join Shiite alliances.[/size]
[size=45]Those parties expected that this deal, in addition to the Sadrists' non-participation in the elections, would cause a large number of voters to turn away.[/size]
[size=45]But according to what Abu Hasna sees, "the Sadrist movement is basically not interested in the local elections and is waiting for the legislative elections."[/size]
[size=45]The former deputy believes that “the turnout will be greater this time in the elections because the clans and people of the cities all have candidates and are ready to elect them.”[/size]
[size=45]Abu Hasna also confirms that the large funds in the budget “push voters to choose officials so that the governorates get their share of the budget to implement service projects.”[/size]
[size=45][You must be registered and logged in to see this link.]
[size=52]The Federal Court declares the unconstitutionality of 7 articles in the election law[/size]
[size=45]Baghdad / Tamim Al-Hassan[/size]
[size=45]The Federal Court ruled that 7 articles in the election law that Parliament voted on last March were unconstitutional. The articles rejected by the judiciary related to the date of legislative elections, and the conditions for candidates accused of criminal and corruption cases.[/size]
[size=45]As well as provisions relating to the organization of electoral districts for components, and blackmail of voters by some parties.[/size]
[size=45]This comes at a time when parties in the coordination framework consider that talk of postponing the provincial elections is just a “media rumor.”[/size]
[size=45]Some political groupings warn against holding the polls at this time for reasons related to the control of the power parties and the use of public money.[/size]
[size=45]Yesterday, the Federal Supreme Court announced the resolution of appeals under the election law. And she said in a statement that she “considered in a public session today (yesterday) the appeals brought before her (…) and issued her final and binding decision to all authorities, which includes the following:[/size]
[size=45]First: The unconstitutionality of Paragraph (b) of Clause (First) of Article (5) of Law No. (4) of 2023, which stipulates that (after the end of the electoral cycle for the provincial councils stipulated in Clause (First) of this article, elections will be held before ( 45) forty-five days, and the election date is determined by a decision of the Council of Representatives in coordination with the Commission before a period of no less than (90) ninety days).[/size]
[size=45]Second: The unconstitutionality of Clause (Third) of Article (6) of Law No. (4) of 2023 (Law No. (12) of 2018 on the Third Amendment to the House of Representatives Elections Law, Provincial Councils and District Councils), which stipulates (that he not be convicted of a felony or A misdemeanor involving moral turpitude or cases of administrative and financial corruption stipulated in Articles (330, 333, 334, 335, 336, 338, 339, 340) of the Penal Code No. (111) of 1969, amended by a final judicial ruling, whether or not it was covered by pardon. And the adoption of the text of Clause (Third) of Article (5) of Law No. (14) of 2019 (Law No. (12) of 2018, which stipulates (to be of good conduct and conduct) Not convicted of a felony or misdemeanor involving moral turpitude, including cases of administrative and financial corruption, by a final judicial ruling, whether or not it was covered by a pardon.[/size]
[size=45]Third: The unconstitutionality of Paragraph (C) of Clause (First) of Article (9) of Law No. (4) of 2023, which stipulates (seats allocated to the Christian component of the membership of the House of Representatives). Their districts are divided as follows:[/size]
[size=45]1- The two seats of Erbil and Dohuk shall be the Kurdistan region, with its administrative borders, as one constituency.[/size]
[size=45]2- The seats of Baghdad, Nineveh, and Kirkuk shall be Iraq (except for the Kurdistan Region) as one constituency.[/size]
[size=45]Fourth: The unconstitutionality of the phrase (Sabi Mandaean) of Paragraph (D) of Clause (First) of Article (9) of Law No. (4) of 2023. The phrase of Paragraph (D) remains as follows: (The seat allocated to the constituent, Iraq will be one constituency The candidacy is individual within the constituency, and the winner is the one with the highest votes.[/size]
[size=45]Fifth: The unconstitutionality of Paragraph (e) of Clause (First) of Article (9) of Law No. (4) of 2023, which stipulates (seats allocated to the components (Yazidis, Shabak, Faili Kurds), the governorate for which the quota seat is allocated is an electoral district One for the House of Representatives elections, and the candidacy is individual within the constituency, and the winner is the one with the highest votes.[/size]
[size=45]Sixth: Confronting and ruling the unconstitutionality of Article (14) of Law No. (4) of 2023, which states (the text of Clause (Second) of Article (37) of the law shall be deleted and replaced by the following: Second: Entities and individuals that prevent political parties from opening their headquarters And the exercise of its electoral activities), and the adoption of the text of Clause (Second) of Article (37) of Law No. (12) for the year 2018 as amended, which stipulates (giving, offering, or promising to give a voter a benefit for himself or for others to make him vote in a certain way or abstain from voting). vote).[/size]
[size=45]Seventh: The unconstitutionality of Article (21) of Law No. (4) of 2023, which states that (the Federal Service Council shall appoint those covered by the provisions of Article (1) of Law No. (27) of 2019 from among the members of (provincial, district and sub-district councils) who continue to serve until 26/11/2019 and their distribution to ministries and entities not associated with a ministry according to specialization and geographical location, and their previous service is calculated for the purposes of bonuses, promotion and retirement.[/size]
[size=45]Second: The governorates that are not affiliated with a region must provide the Federal Service Council with support for continuity of service and a certificate of the last salary until 11/26/2019 for those covered by the provisions of item (first) of this article.[/size]
[size=45]Eighth: Rejecting the claim of the plaintiffs regarding the appeal against the rest of the articles of Law No. 4 of 2023 that were not ruled unconstitutional referred to above).[/size]
[size=45]Are you postponing the elections?[/size]
[size=45]Last June, the government approved holding local elections for the first time in 10 years, on December 18.[/size]
[size=45]It is assumed that more than 6,000 candidates will participate to fill 275 seats in the provincial councils within 136 entities, including alliances, parties and individuals.[/size]
[size=45]The commission said yesterday that the elections will be held as scheduled.[/size]
[size=45]And according to what the official agency quoted from the legal advisor in the commission’s media, Dawood Salman, he said, “The issue of postponing the election date is within the authority of the state’s bureaucracy and its policy.”[/size]
[size=45]As for the job of the Commission, Salman confirmed that it is: “a technically mandated entity to manage the electoral process, and the elections are ongoing, and preparations are still underway.”[/size]
[size=45]On the other hand, some political forces are still talking about the continuation of the technical problem related to the end of the commission's mandate, which coincides with the election results.[/size]
[size=45]It is assumed that the mandate of the current commission of judges will expire on January 7, 20 days after election day.[/size]
[size=45]In addition to the possibility of postponing the elections due to demands and warnings from political parties and groupings about the role of political money in this poll.[/size]
[size=45]A leader in the Dawa Party underestimates the impact of these demands. Rasoul Abu Hasna told (Al-Mada): “Politically, holding elections and postponing them is almost impossible.”[/size]
[size=45]Abu Hasna, a former deputy, adds: “The commission is close to completing its procedures, and financial allocations have been secured for the implementation of the elections. In return, the parties completed the lists of candidates.”[/size]
[size=45]A few days ago, the National Coalition, led by Iyad Allawi, announced a boycott of the elections due to the presence of “political money.”[/size]
[size=45]The Independents Alliance, which includes deputies and activists, questioned the possibility of rigging the elections using “corrupt money.”[/size]
[size=45]Likewise, the Rejection group, which includes activists and journalists, considered that the upcoming elections would not bring about the desired change.[/size]
[size=45]There is talk about the possibility of large groups boycotting the elections according to these warnings, especially since there is now talk about some coalitions affiliated with the coordination framework “purchasing independents.”[/size]
[size=45]Some civil circles talk about paying large sums of money and making promises to parties affiliated with the October movement in 2019 to join Shiite alliances.[/size]
[size=45]Those parties expected that this deal, in addition to the Sadrists' non-participation in the elections, would cause a large number of voters to turn away.[/size]
[size=45]But according to what Abu Hasna sees, "the Sadrist movement is basically not interested in the local elections and is waiting for the legislative elections."[/size]
[size=45]The former deputy believes that “the turnout will be greater this time in the elections because the clans and people of the cities all have candidates and are ready to elect them.”[/size]
[size=45]Abu Hasna also confirms that the large funds in the budget “push voters to choose officials so that the governorates get their share of the budget to implement service projects.”[/size]
[size=45][You must be registered and logged in to see this link.]
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