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"Early elections"... difficulties prevent their holding
Iraq 06/26/2024
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Talk about early elections has dominated in recent days, as the leader of the State of Law coalition, Nouri Al-Maliki, called for early elections, despite the stability of the political situation and the support of the political blocs for the current government.
Despite the inclusion of early elections in the government curriculum; However, the only elections that took place were the provincial council elections in mid-December.
The political analyst, Dr. Mujasha Al-Tamimi said that the call for early elections is “legal,” but the “political atmosphere” is not ready to hold them.
Al-Tamimi told Al-Sabah: “The statements of Mr. Nouri al-Maliki, leader of the State of Law coalition, regarding early elections are a legal call, because holding early parliamentary elections was included in the Prime Minister’s government curriculum,” and he added, “If a lawsuit is filed in the Federal Court against the federal government (regarding... “Holding early elections will be won, because it has become a law and the government and political forces must implement it.”
He continued, "Prime Minister (Mohamed Shiaa Al-Sudani) announced that he is ready to hold elections on the condition that the political forces agree to amend the election law - according to what was stated in the government program - as well as extending the life of the High Elections Commission, which will end next month, and agreeing to dissolve the House of Representatives." 45 days before the elections,” he stated, “These conditions seem very difficult in light of the existing conflicts between the political forces,” stressing that “the call made by Al-Maliki is legal, but the atmosphere does not appear to be prepared for its implementation.”
Al-Tamimi suggested that “the main motive for this call is disagreements within the (coordination framework), in addition to sending messages to (the Sadrist movement) regarding resolving differences and reaching an agreement for the next stage.”
The only early elections after 2003 were held on October 10, 2021, after the October 2019 protests that led to the resignation of Adel Abdul Mahdi’s government.
The academic and researcher in political affairs, Dr. Abdul Aziz Al-Issawi, several problems prevent early elections from being held, indicating that there is a legal misunderstanding about dissolving Parliament.
Al-Issawi told “Al-Sabah”: “The call for early elections has taken a wide role in recent days, despite the lack of mention of early elections in the constitution,” and he added that “Article 64 of the constitution mentioned general elections, but early elections come as a result of the dissolution of Parliament.” This led to a legal confusion, as Parliament must not be dissolved sixty days before the elections, but rather elections must be held within sixty days of the Parliament’s dissolution.”
He added, "Holding early elections at the end of the current year is impossible, and there are only six months left until they are supposed to be held, and talk about early elections has accompanied talk about amending the election law and amending the multiple districts to intermediate districts." He pointed out that "amending the election law takes between (3 to 5) months, and the Election Commission needs (5 to 6) months after amending the law to hold the elections.”
He stressed that "the elections will not be held before the middle of next year, and politically it is possible to demand early elections," and warned that "he is a democrat, so the fixed date of the elections is evidence of the strength and stability of the political system, but if early elections are held, this means holding 3 elections within 6 years." This means there is a constitutional violation, as the constitution stipulates that elections be held every 4 years.”
Al-Issawi also warned that “the dispute is more political than legal, and the elections will be held at the end of next year, giving the government enough time for the voter to decide his choice,” and pointed out that “things are moving towards completing the electoral cycle, while holding early elections puts us in front of more than one problem.” .
He explained, "Holding early elections confirms the political custom of holding elections with the occurrence of any political crisis. Moreover, the binding constitutional timings will not be adhered to, and the electoral process will lose its value and the gap with the voter will increase. The idea that political forces can hold elections whenever they want will be strengthened."
Edited by: Muhammad Al-Ansari
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