Sources for the «morning»: the formation of the largest bloc after the holiday of Eid al-Adha

13/8/2018 12:00 am

The Supreme Judicial Council sets out the mechanisms for appeals against election results and their time limits

Baghdad / Sabah / Omar Abdul Latif




The Supreme Judicial Council clarified the decisions of the judicial body for the elections in the Federal Court of Cassation and its mechanisms for the purpose of settling the appeals within the time limit of the results of the parliamentary elections after the end of the process of manual counting and partial counting of them and announcing their results last Thursday, while a legal expert outlined the next steps that will follow the announcement of the election results, It will be done with legal limits and minimum timings.




At the time confirmed political blocs for the morning, that the resolution of the formation of the largest bloc and the government and the announcement of the next prime minister immediately after the Eid al-Adha, other blocks showed that there are very quick understandings between the blocks to resolve this issue, while the political entities and coalitions winning the parliamentary elections conditions For understanding on the formation of the largest bloc, which will be on the formation of the next government.




The official spokesman of the Judicial Council, Judge Abdul Sattar Birekdar said in a statement received «morning» a copy of it: «The meaning of what is stated in the statement No. (71) issued (on Sunday, 12 August 2018) on the judiciary of the elections, is to submit an appeal against the decision of the Commission (69) issued on Thursday, 9 August 2018, on the announcement of election results as a result of counting and manual counting to the judiciary by the Board of Commissioners ».




He added that "the appeal shall be accompanied by evidence based on the evidence and answer the Board of Commissioners of the appeal and sends it with the answer to the judiciary in the Federal Court of Cassation to resolve the appeal in accordance with the provisions of the law.




The judiciary of the elections in the Federal Court of Cassation, of the Supreme Judicial Council, on Sunday, issued several decisions for the purpose of resolving appeals within the time ceiling of the results of the parliamentary elections provided for in Article 8 / paragraph VI of the Independent Electoral Commission Law No. 11 of 2007 amending.




The Commission decided in a statement to inform the Judicial Council received «morning» a copy of it «to raise complaints about the results of the elections of the Iraqi Council of Representatives for the year 2018, which was reported on Thursday to the Commission directly and which are separated in accordance with the provisions of the law».




The statement added, «If the complainant is not satisfied with the decision issued by the Commission in his complaint; it may appeal that decision in this body a petition submitted to the Commission as provided for in paragraph V of the above article», and the statement «the Commission sends to this body petition The appeal was accompanied by its response to the petition and the reasons for its response or acceptance of the complaint. He pointed out that «contrary to the procedures that do not accept any challenge to the decisions of the Commission is submitted directly to this body», noting that «this statement was issued on the basis of the provisions of Article 8 / Commission.



Legal clarification


In turn, the legal expert Tariq Harb said in a statement to the Iraqi News Agency «conscious», that «after the announcement of the Board of Commission judges assigned to the results of the election on August 9, there is a three-day to submit appeals by the affected parties before the Electoral Judicial Court formed in the Court of Cassation Which will begin on Sunday and will then end 10 days before the discriminatory judicial body competent to hear the appeals. After the completion of the two cases, the results of the final elections of the Federal Supreme Court will be lifted to decide on them. , Which is the last authority and constitutionally authorized to consider the appeals and decision to ratify them or not without a time limit for it ».


The legal expert pointed out that «the Federal Court will not take too long because, because the appeals have been exhausted before the electoral judiciary and was investigated, and the ratification of the Federal Court on the results of the final elections, will send to the Presidency of the Republic, to invite President Fuad Masum, The first session is held within a period of 14 days, and the period is not extended except for one time only, headed by a member of the House of Representatives older, to be followed by the election of the Speaker of the House of Representatives and his deputies, and then be elected to the President of the Republic from within the Council or outside, which must win two-thirds Sounds Number of members of the House of Representatives ».


"According to the third amendment to the law 45, the task of the Council of Judges assigned will end after the ratification of the Federal Court on the results of the elections to return the former and frozen Commission to work again, with the entry of judicial investigations of general managers and employees referred to eliminate the background of violations or failures.


The fate of the previous commission
For his part, the legal expert Ali Jaber al-Tamimi said in a press statement: «The law of the Council of the High Electoral Commission No. 11 of 2007, provides that the dismissal of the Council of the Commission is a simple majority of the House of Representatives with the existence of legal irregularities».


He added that «the process of counting and sorting the hand showed a match in the election results, and therefore, based on the legal rule that says if the impediment is forbidden right, the former Council of the Commission is entitled to return to work especially that the Council of Judges expires its duty after the Federal Court approved the election results», Tamimi, that «the Board of Commissioners article entitled to demand the new parliament to return to work and compensation for material and moral damage to the members of the damage and bad reputation».


The former deputy Tafka Ahmed, pointed out that «the Council of the Electoral Commission has frozen its work because of suspicions of corruption and manipulation of the election results according to the third amendment to the election law can not resume work at all only after the completion of the investigation», adding that «the Governmental Committee on Elections and the Integrity Commission is the one who handles The tasks of investigation with the Board of Commissioners and a final decision will be issued soon ».


Ahmed stressed that "Prime Minister Haider Abadi has the legal authority to return them to work in the event of proof of innocence of the charges against them or waiting for the new parliament to consider the eligibility of the Council in the administration of elections." He pointed out that «the work of the Commission will not be affected being administered by the Council of Judges So far. "


Discount after Eid


And on the formation of the largest bloc and the next government, a member of the House of Representatives for a coalition of state law, al-Maliki's «morning», that «the negotiations between the blocs began to bear fruit by forming the largest bloc», indicating that «the coalition seeks to form a government of a national political nature includes all the space Iraqi, and this is what the coalition of state law discussed with the president in a meeting on the first day, where the leader of the coalition, Nuri al-Maliki, that can not form a government within the confessional sectarian or sectarian, but must include the entire spectrum of Iraq », and MP al-Maliki that« the session of the House of Representatives Forming the government and announcing the name of the prime minister But will be decided after the Eid al-Adha holiday directly ».


For his part, said a member of the House of Representatives for the National Bloc Safa al-Ghanim: "There are understandings at a high level between blocks and the opening and national and wisdom."


Al-Ghanim said in a statement singled out by «morning», that «despite this high convergence between all these blocks, but there is no agreement between them so far», adding that «all the blocks consider the next phase of the history of Iraq as critical and must Out of the neck of the bottle », stressing that« this is only through high understandings among them after the end of the period of power bloc on another in the House of Representatives during the previous sessions ».


In turn, said the leader of the alliance victory Yassin Bakri: «Victory has significant understandings with a number of blocks, which is the only one who announced his only candidate for prime minister».


Al-Bakri added that "there is a rapid movement of all these blocs to form the largest bloc and then the government." He denied that "there is any fragmentation in the coalition, and that such reports do not go beyond verbal wars before the prime minister is declared." With all its members. "





Between Suron and Victory


The Secretary of the Iraqi Communist Party, leader of the alliance of the Raed Fahmi, said that «the ratification of the Federal Court on the results of the elections, will push the winning blocs to accelerate the resolution of their positions», and said in a press statement that «the entry into force of constitutional time is also will push the blocks The winner to intensify contacts and meetings on the formation of the largest bloc, but until this moment did not form strong alliances to establish the bloc ».


He pointed out that "the position of the alliance is clear, as defined by the 40 points mentioned in the statement of Mr. Muqtada al-Sadr, and there are points are not negotiable, because it determines the nature of the government program and identity," Fahmi pointed out that "there is agreement with the stream of wisdom and patriotism, Victory ». For his part, the victory coalition headed by Haider al-Abadi, the terms of understanding in the formation of the largest bloc and the next government, said coalition leader Khalid al-Obeidi in a statement received «morning»: «We started days ago to form delegations to visit and receive representatives of the winning blocs to dialogue and agreement, The formation of the largest bloc in the Iraqi parliament, which certainly includes the identification of the programs of the next government and its operational mechanisms ».


Al-Obeidi said that «our meetings will witness significant continuity in the coming days, with all the winning alliances to discuss and discuss the formation of the largest bloc, with the emphasis that access to the understandings will remain conditional on the extent of faith of the other blocs to reject the quotas and their ability to legislate and find practical solutions to economic problems, A decent life for all Iraqis. "


The opinion of law and conquest


The leader of the coalition of state law Saad Almtalibi, said in a press statement: «The coalition of the rule of law and the alliance of the conquest did not discuss so far the subject of the selection of presidencies and ministries», adding that «this issue did not come into consideration on the grounds that the talk now is about the form of the next government Or the form of the political system », and that« there are agreements ready to sign alliances », he added,« We have crossed the stage of understanding on the lines of the majority of the political and pending the decision of the rest of the political blocs, which still have a position of the majority ».


For his part, said the leader of the Fatah alliance Mahmoud al-Rubaie, the lack of any negotiations during the past two days with the alliance continue to form the largest bloc, the spring said: «The political blocs have a group of participants agreed but some points are being discussed in order to reach the result Agreed on the formation of the largest bloc », adding that« talk between the blocks is about the government program and the timing of its application and then set the criteria for the Prime Minister where the person who will apply these criteria as a candidate for prime minister for
Largest bloc ».


The leader of the Fatah Alliance Amer al-Fayez, announced earlier, that «his alliance is still adhering to the President of the coalition Hadi al-Amiri to head the next government», indicating that «all dialogues and understandings that took place between the various political blocs did not address the submission of candidates for the three presidencies or executive positions executive .


In the same context, said the leader of the coalition of decision Abdul Dhiab Ajili: «The announcement of the results will be the most important motivation in the formation of the largest coalition and the formation of the next government», adding that «political talks are still continuing with the other blocs», adding that «focused meetings with The coalition of victory headed by Prime Minister Haider al-Abadi witnessed convergence of views, as well as meetings with the Alliance for the sake of understanding on the government program », Ajili, that« most alliances trying to include all the components of Iraq to form the largest bloc and the next government acceptable representation of all groups ».


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