Iraq's Federal Court rules election law provisions "Unconstitutional"
Shafaq News/ The Supreme Federal Court, the pinnacle judicial authority in Iraq, on Monday declared multiple provisions of the 2023 election law "unconstitutional".
"Today's ruling stands as a testament to our commitment to uphold the Constitution in all legislative processes," a press statement by the court's media office said.
The contentious provisions in the spotlight include:
1. The clause from Article 5 of Law No. 4 of 2023, related to the electoral cycle timeframe and coordination between the Parliament and the Election Commission.
2. A segment of Article 6 from the same law, detailing prerequisites related to legal and moral standing for potential candidates.
3. Sections of Article 9 pertaining to seats reserved for the Christian and Sabean-Mandaean components and the delineation of their respective electoral districts.
4. The provision addressing seats reserved for the Yazidis, Shabak, and Faili Kurds, establishing provincial boundaries as electoral districts for these communities.
6. The article (14) of Law No. (4) of 2023, which states (the text of item (second) of Article (37) of the law is deleted and replaced with the following: Second: The entities and individuals who prevent political parties from opening their headquarters and conducting their electoral activities), has been ruled unconstitutional. The text of item (second) of Article (37) of Law No. (12) of 2018, which stipulates (to give, offer, or promise a benefit to a voter for himself or another to influence his voting or abstention), is now adopted.
7. Article (21) of Law No. (4) of 2023 is deemed unconstitutional. It states: The Federal Service Council should appoint those covered by the provisions of Article (1) of Law No. (27) of 2019, who are members of the provincial, district, and sub-district councils, continuously serving until 26/11/2019, and distribute them across ministries and non-ministry-related entities according to expertise and geographical location. Their prior service shall count for bonuses, promotion, and retirement purposes.
Furthermore, non-regionally-organized provinces are obliged to provide the Federal Service Council with service continuity certification and the last salary certificate as of 26/11/2019 for those covered under item (first) of this article.
8. The plaintiffs' claim regarding the challenge to other articles of Law No. 4 of 2023, not ruled unconstitutional as mentioned above, is dismissed.
Lawmaker Mohammed al-Khafaji described the ruling as a "judicial victory," noting that "the lawsuit against the election law succeeded, with most of the contested articles deemed unconstitutional, thanks to the commendable efforts of the distinguished lawyer, Dr. Ouda."
He also pointed out that "there are some decisive articles that may necessitate re-legislation, simply waiting for the complete decision to be issued."
