Shafaq News/ The Iraqi Federal Supreme Court said that the resumption of the Governorate Councils' work beyond its term is "unconstitutional", stressing that the Parliament cannot legislate the termination of the Governorate Councils.
In a statement issued today, Wednesday, the media office of the Federal Supreme Court said that the court had issued its ruling in the case 155/Federal/2019.
According to the statement, "the ruling stipulated that governorate councils are a constitutional entity. Therefore, the legislative authority cannot legislate an act that includes terminating those councils for it contrasts the provisions of the constitution, principles of democracy, and peaceful succession of authority."
" However, the resumption of the elected councils, whether national councils or local commissions, of its work after the end of its electoral cycle is a violation to the right of the people to vote and run for the elections."
In its statement, the court indicated that the third paragraph of Article 1 of Law No. 27 of 2019, the second amendment to the Provincial and District Council Elections Law No.12 of 2018, does not mean abolishing the entity of governorate councils as a local constitutional body, but rather halting the work of those councils for exceeding its term.
"The governor is the highest executive chief in the governorate and is obligated to follow the state's general policy devised by the government. The concept of "Caretaking" must be comprehended within the framework of ensuring the proper functioning of public utilities in light of the state's general policy. Parliamentary and administrative monitoring is mandatory to ensure administrative decentralization."
"The governorate councils are administrative and local bodies entrusted with the implementation of financial and administrative powers solely within the principle of administrative decentralization, and the constitution did not authorize them to exercise legislative powers."
"Thus, Law No. 27 of 2019 the Second Amendment Law of the Provincial and District Council Elections Law No. 12 of 2018, the amended Law No. 12 of 2018, which terminated the continuity of the governorate councils work is in line with the Constitution, and on this basis, the court decided to dismiss the case."