Parliament declares its position on the decision of the Federal Court and the coalition of Abadi confirms his commitment

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Parliament declares its position on the decision of the Federal Court and the coalition of Abadi confirms his commitment

Post  Admin on Thu 21 Jun 2018 - 9:18

Shafak News / The Information Office of the Speaker of the House of Representatives Salim al-Jubouri on Thursday that the latter appreciates the decision of the Federal Court on the third amendment to the election law.

The Court considered earlier in the day a public hearing of the suits filed by the President of the Republic / in addition to his function and the Board of Commissioners and the Kurdistan Democratic Party to challenge the law of the third amendment to the law of elections of the House of Representatives.

A statement issued by the office today, "Jubouri confirms the respect of parliament for all decisions of the Iraqi judiciary," noting that the parliament has succeeded in consolidating the pillars of democracy in the country, by correcting the election results according to legal and constitutional mechanisms.

"Once again, the Iraqi judiciary has proven its impartiality and neutrality, whether by responding to appeals submitted to it or other files that affect the security and sovereignty of the country," he said.

The Federal Supreme Court issued the highest judicial authority in Iraq earlier in the day a provision to the constitutionality of the session of the House of Representatives ended held in the third amendment to the law of legislative elections, while refusing to cancel the votes of the outside and displaced, and the special vote for the Kurdistan Region, Manually hold legal.

For his part, spokesman for the coalition, "victory" Hussein al-Adly, the coalition's commitment to the decision of the Federal Court.

Al-Adly said the victory coalition is fully committed to the decision of the Federal Court on the third amendment to the electoral law, calling on all to comply with the resolution to safeguard the political process and the rule of law and to preserve the votes of voters and the integrity of the procedures related to the legitimacy of the electoral process and the production of powers and institutions.


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Re: Parliament declares its position on the decision of the Federal Court and the coalition of Abadi confirms his commitment

Post  Admin on Thu 21 Jun 2018 - 9:35

Twilight News publishes the text of the Federal Court's ruling on appeals to amend the election law

Twilight News
6 hours ago

The Supreme Federal Court held its session on Thursday under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all members of the judges, and considered the lawsuits against the unconstitutionality of the Third Amendment Law to the law of elections of the House of Representatives.


In a statement issued today, the court's spokesman Ayas al-Samuk said that the court issued the ruling, which reads as follows: "Judgment decision: When reviewing and deliberating from the Federal Supreme Court, the appeals filed in the above-mentioned cases were found on the Third Amendment Law of the House of Representatives Elections Law No. (45) 2013, it was divided on the first two sides and includes procedural appeals on the formality of issuance and the date set for its implementation, and on the second side appeals concerning the unconstitutionality of some of its material objectively As for the appeals concerning the procedures of the issuance of the law and its implementation, (2018) in which the law was issued and the previous sessions where the appeals went to the fact that it was issued in an extraordinary session, the subject of which was (discussing the violations that affected the electoral process) and were not specific for the purposes of the legislation of the law in question. In addition to its function, the Federal Supreme Court finds that the law subject to appeal was issued in a hearing called by the President of the Council.


After the adjournment of the special session which preceded the issuance of the law by four days, The media dealt with this, and I learned all The session of 6/6/2018 will be for the legislation of the law subject of appeal, which was held in full quorum in accordance with the provisions of Article (59) of the Constitution, and was voted according to this quorum. The other procedural challenge was attached to the fact that the law was in the form of (60 / I) and (60 / second) of the Constitution, as well as the rules of procedure of the Chamber of Deputies where the Council exercised its authority stipulated in the two articles and the other procedural appeal that the law provided for To be effective from the date of voting on it and not from the date of its publication in J And the Supreme Federal Court finds that this is permitted by Article (19 / IX) of the Constitution and Article (129) thereof.


As for the appeal, which indicates that the law was not sent to the Presidency of the Republic for ratification and issuance, the answer is that failure to do this immediately does not prevent Of its becoming a valid law because the Presidency of the Republic does not have the constitutional authority to veto the laws after one session after the entry into force of the Constitution of the Republic of Iraq for the year 2005 on the basis of Article (138) of the Constitution.


As for the other procedural challenge that the law was issued in a session attended by the losers in the elections in 2018, the answer is that the power of the House of Representatives and its members decided by the Constitution remain in place until the end of their electoral cycle is the end of the fourth calendar year that begins from the date of the first session, (1) of the Constitution, and another procedural challenge is that the Independent Electoral Commission is the one who has the right to supervise the election process and answer this challenge that this authority was granted to it by law.


The third amendment law that assigns judges to carry out this task is a law that was issued in accordance with the principles laid down by the Constitution and is applicable.


As for the appeal related to the suspension of the work of the Commission, the amendment law stipulated that it is a temporary precautionary measure to terminate the investigation procedures conducted by the competent authorities in the facts attributed to the Commission by virtue of being subject to the control of the Council of Representatives under Article 102 of the Constitution.


The waqf does not take the form of interrogation provided for in Article (61 / VII) of the Constitution.


As for the appeal, which is focused on not taking the House of Representatives approval of the executive branch to the legislation of the law, although it costs money, the response to that, such a challenge concerns the government and not the Electoral Commission for elections.


The review of the appeals submitted in the standard cases concerning the procedural aspects of the issuance of the law and the effect of the appeal have been reviewed by the Federal Supreme Court, which is not based on a provision of the Constitution and does not constitute a violation of its provisions.


As for the appeals related to the substantive aspect contained in the Third Amendment Law of the Elections Law of the House of Representatives, the Federal Supreme Court has directed to study the articles of this law in its last form, together with the letter of the Chamber of Deputies, the Parliamentary Chamber No. (1/9/5600) dated 13/6 / 2018, based on the video and audio recording of the proceedings of the session in which the law was initiated and whose study will be an article to determine its approval of the constitution or its violation of its provisions in the light of the appeals filed against it and the defendant's reply in addition to his job on it.


Agencies: Article 1 of the law: (38) of The law of the elections of the House of Representatives, and decided to replace the method of counting and sorting by the acceleration of electronic results to the method of manual counting and counting in all polling stations for the whole of Iraq.



The Supreme Federal Court finds that the House of Representatives directs this procedure to organize the general elections process and to reassure the voter to the electoral process and in accordance with its authority stipulated in Article (60 / I) of the Constitution.


This trend is not contrary to the provisions of the Constitution. Article (2) of the law: The Commission has obliged to conduct the matching of ballot papers with the report issued by the electronic verification device (bar code) and take the necessary action in light of that and find the Federal Supreme Court that the provision of Article (2) of the law came also


A legislative option to ensure the accuracy of the audit results and not in violation of the provisions of the Constitution.



Article (3) of the law: It has eliminated the results of the elections abroad for all governorates and the elections of the population movement of the provinces of Anbar, Salahuddin, Nineveh and Diyala, and the elections of displaced persons in the camps and special voting elections in the Kurdistan Region.


The cancellation of these results in those areas in absolute and without distinction between the votes cast in those areas properly and without irregularities, either through the acceleration of electronic results or others, and the votes that were marred by the irregularities such as fraud and all other forms of violations that adversely affect the process And confiscate its objectives.


(3) the subject of the appeal of votes that came in a sound and acceptable manner to the law both inside Iraq and abroad constitutes a waste of these votes and confiscation of the will of the voters in those areas and this is contrary to the provisions of Articles (14), (20) and (38 / (1) of the Constitution, which guaranteed the citizen the right to equality and his right to vote, elections and nomination and to express opinion in public matters, foremost freedom of opinion in the election of his representative in the House of Representatives.


As for the results of the violations, such as forgery and others, in respect of which the complaints were submitted to the Commission in accordance with the provisions of Article 8 of the Commission's law or those mentioned in the official reports, which are based on significant legal evidence, the results can be postponed until the decision is negative or positive, To follow the rest of the electoral process legally and transparently and to announce the final results and send them to the Federal Supreme Court for approval after verification and in accordance with its competence stipulated in Article (93 / VII) of the Constitution.


On the other hand, Article 3 of the law, with the exception of the minority votes covered by the quota system, is exempted from the abrogation mentioned in the said article.


This exception to the repeal without distinction between the valid votes and the votes of the irregularities violates the provisions of Article (14) of the Constitution, which provides for the equality of Iraqis before the law and without discrimination on the basis of sex, race, nationality, origin, color, religion, belief, opinion, economic or social situation.


Therefore, the exception to the voices of minorities covered by the quota system of abolition even if it is flawed irregularities all names and images, whether obtained inside or outside Iraq violates the constitutional principle contained in Article (14) of the Constitution. In light of the foregoing, the contents of article (3), the subject of the appeal of the Third Amendment Law, is totally contrary to the provisions of the Constitution.


Article (4) of the law: This article ruled that the Electoral Judicial Authority formed by the Federal Court of Cassation under Article 8 / III of the law of the Commission to cancel some of the results of the elections in the electoral centers in the event of irregularities that require cancellation and according to the evidence obtained As a result of the investigation of complaints lodged or to be submitted to the Commission as well as those shown in the official reports submitted in this regard.


The text of Article 4 of the law, which gave the cancellation to a judicial authority, was judged to be the most capable of evaluating evidence of the existence of the violation and its effect on the freedom of elections, whether the violation includes the act of forgery stipulated in Article 286 of the Penal Code No. (111) for the year 1969 as described in Article (287) of the same law, which would change the truth to the contrary and cause harm to the public interest or to a person. Or other patterns of irregularities.


If the electoral judiciary is found to have an effective violation in the election process, it shall issue its decision to cancel the results arising therefrom.


The Supreme Federal Court finds that the provision provided for in Article (4) of the law subject to appeal constitutes a guarantee for the integrity of the electoral process and does not contravene the provisions of the Constitution.


Article (5) of the Law: It ruled that the Supreme Judicial Council shall appoint (9) judges to replace the current members of the Commission and a judge for each of the UNHCR offices in the governorates.


And the principle of the assignment of judges to work or to perform specific tasks outside their courts stipulated in Article (49) of the Judicial Organization Law No. (160) of 1979 and specified the places where the assignment of the judge to carry out the tasks and the duration of the mandate can not exceed three years.


The article contains an amendment to Article (49) of the Judicial Organization Law by adding a new place where the judge may carry out the tasks stipulated in article (5) of the law.


And for the period specified therein. In addition, the provision of article 5 of the law is not inconsistent with the provisions of Articles (47) and (98 / I) of the Constitution because the appointed judge does not simultaneously collect between carrying out his judicial duties and his functions in the Commission or in its offices This is a combination of the two tasks, which is prohibited by Article 98 (1) of the Constitution, where the full-appointed judge will be discharged for his new duties until the end of the mandate period, as is the case with article 47 of the Constitution.


The appointed judge will leave during his term of office in the judiciary.


Article (5) Subject of appeal with the provisions of the Constitution.


Article (6) of the law: It has decided to make Iraq for the seats (quota) of the Christian constituency single circle and the organization of their own electoral register and the provision contained therein is an organizational issue does not violate the provisions of the Constitution.


Article (7) of the Law: The provisions of the Third Amendment Law shall apply to the elections of the Council of Representatives for the year 20 21/6/2018".

18 This is in line with the Constitution that the electoral process for the year 2018 did not end when the enactment of the Third Amendment Law and its implementation because this process does not end only with the ratification of the Federal Supreme Court on the final results of the elections as provided for in Article (93 / VII) of the Constitution, Article (7) of the law subject to appeal contrary to the provisions of the Constitution. Article (Cool of the Law: It has ruled that no provision shall be made to contradict the provisions of the law subject to appeal.


Such a law is customary to put in place in anticipation of what may be a text that contradicts the provisions of the law and contrary to its objectives and the absence of the reasons for its legislation. Therefore, the provision of Article (Cool of the law does not violate the provisions of the Constitution.


Article (9) of the Law: The law shall not apply to the date of voting on it. The provisions of Article 19 (IX) and (129) of the Constitution, where the law is enforced and enforced from the date specified therein, and not from the date of its publication in the Official Gazette, are therefore not contrary to the provisions of Article (9) of the Law with the provisions of the Constitution.


On the basis of the foregoing, when reviewing the appeals submitted to the Third Amendment Law to the Law of the elections of the Council of Representatives, whether related to the procedural aspects in the issuance of the law and the effectiveness of its provisions or appeals submitted to the articles contained in the law, which the court stated its contents and reminded each of them what is contrary Of the Constitution and what is acceptable to its provisions.


(1) of the Law of the Third Amendment to the Law of Elections of the Council of Representatives No. (45) for the year 2013 amended and canceled for the reasons mentioned above and for violating the constitutional articles namely Articles (14), (20) and 38 / I) of the Constitution and notice of the Council of Representatives to do so to take the necessary .. as well as the notification of the Independent Electoral Commission of the components set out in Article (3) of its law to stand on the reasons for the provision of unconstitutionality Article (3) subject matter of the appeal and take into account when exercising the validity provided In Article (Cool of its law when considering complaints received as well as when considering Violations contained in the official reports submitted for violations, as well as notice of the decision of the Judiciary for the elections in the exercise of its powers and functions stipulated in Article (4) of the Third Amendment Law of the Elections of the Council of Representatives and Article (8 / III) , By canceling the votes in the polling stations in all of Iraq and abroad, which raised or will raise complaints or reported violations in the relevant official reports if it is found that there are irregularities in obtaining such votes as fraud and other irregularities affecting the freedom of elections and (1) of the Third Amendment Law of the Elections Law of the House of Representatives in respect of these votes only and without prejudice to the votes of the voters that were obtained legally and without any irregularities, and no complaints were received or mentioned In the official reports related to violations and without the need to conduct the process of counting and sorting manually by whether these votes received inside or outside Iraq, in application of the provisions contained in the Constitution, which are mentioned in Articles (14), (20) and (38 / I) of the Constitution respect Of the will of the voter and his rights in To participate in public affairs and not to waste his voice, which came without any offense, in addition to the work of the principle that what has been true under the law or provision in the law remains in force Mraeia This is approved by Article 130 of the Constitution.


The rest of the appeals contained in the third amendment law of the law of the elections of the Council of Representatives relating to the procedural aspects in issuing or implementing the law, as well as the appeals contained in its articles for the reasons stated against each appeal or material, because these appeals are not based on the constitution.


Thirdly, charging the parties in the three alleged cases the expenses and the fees of lawyers, amounting to one hundred thousand dinars and the percentage lost by each of them in those cases based on the provisions of Article 166 of the Civil Procedure Law No. 83 of 1969 and Article 63 of the Law No. 173 Of the Federal Supreme Court Law No. (30) of 2005 by agreement and to be followed in public at the session of 21/6/2018.


"The ruling was binding and binding on all authorities based on the provisions of Article 94 of the Constitution and Article 5 of the Federal Supreme Court Law No. 30 of 2005.

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Re: Parliament declares its position on the decision of the Federal Court and the coalition of Abadi confirms his commitment

Post  Admin on Thu 21 Jun 2018 - 9:47

Thursday 21 June 2018 03:22 PM

Legal expert: Federal Court decided to count and sort "partial" not 100%

Baghdad / .. The legal expert Mossadeq Adel, Thursday, that "the Federal Court decided, counting and sorting process manual partial not comprehensive, as promoted and imagine some.

Adel said for "Iraq's News", that "the decision of the Federal Court provided for the need for the process of counting and counting of the hands of legal votes," noting that "the federal decision does not provide for the re-counting and manual counting, but called for partial counting."

The legal expert added that "the decision of the Federal Court provided that the votes will not be affected where there will be no complaints."

The Federal Court announced on Thursday its support for the third amendment to the election law, which was voted by parliament in its special session, and refused to cancel the votes of Iraqis displaced and displaced, while considered that the process of counting and sorting the hand does not contradict with the Constitution.


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