The Federal Supreme Court announced on Monday its resolution of the appeals filed in the election law.
A statement by the general court received {Euphrates News} a copy of it said that “the Federal Supreme Court considered in a public session on this day 28/8/2023 the appeals filed before it by the number (73 and its units 79, 89, 103, 104, 114, 118, 144 and 145 federalism / 2023) to challenge the constitutionality of several articles of Law No. 4 of 2023 (the Third Amendment Law to the House of Representatives and Provincial Councils and District Councils Elections No. (12) of 2018) and issued its decision and binding on all authorities, including the following:
First: The unconstitutionality of paragraph (b) of item (first) of Article (5) of Law No. (4) of 2023, which stipulates (after the end of the electoral cycle of the provincial councils provided for in item (I) of this article, the elections shall be held before (45) forty-five days and the date of elections shall be determined by a decision of the House of Representatives in coordination with the Commission before a period of not less than (90) ninety days).
Second: The unconstitutionality of item (III) of Article (6) of Law No. (4) of 2023 (the law of the third amendment to the law of elections of the House of Representatives, the provincial councils and the cases No. (12) of 2018), which stipulates (to be not sentenced to a felony or a misdemeanor that violates honor or cases of administrative and financial corruption stipulated in Articles (330, 333, 334, 335, 336, 338, 339, 340) of the Penal Code No. (111) of 1969, as amended by a judicial ruling, whether or not it is covered by pardon), and the adoption of the text of item (III) of Article (5) of Law No. (14) of 2019 (the Law of the First Amendment to the Provincial Councils Elections that are not organized in The territory and its counties No. (12) of 2018, which stipulates that (good conduct and conduct shall not be sentenced to a felony or misdemeanor that violates honor, including cases of administrative and financial corruption, by a judicial ruling, whether or not it is pardoned).
Third: The unconstitutionality of paragraph (c) of item (I) of Article (9) of Law No. (4) of 2023, which stipulates (the seats allocated to the Christian component of the membership of the House of Representatives shall be individually nominated within the electoral district. The winner with the highest votes shall be considered and their constituencies shall be divided as follows:
1- The seats of Erbil and Dohuk, the Kurdistan region with its administrative borders is one department.
2- The seats of Baghdad, Nineveh, Kirkuk, Iraq (except the Kurdistan region) is one district.
Fourth: The unconstitutionality of the phrase (Sabi Mandaean) from paragraph (d) of item (Eli) of Article (9) of Law No. (4) of 2023. The phrase of paragraph (d) remains as follows: (The seat allocated to the component Iraq is one electoral district and the nomination is individual within the electoral district and the winner with the highest votes is considered).
Fifth: The unconstitutionality of paragraph (e) of item (I) of Article (9) of Law No. (4) of 2023, which stipulates (the seats allocated to the components (Yazidis, Shabaks, the Faili Kurds) The province to which the quota seat is allocated one electoral district for the elections of the House of Representatives and the nomination shall be individually within the electoral district and the winner with the highest votes is considered).
Sixth: Addressing and ruling on the unconstitutionality of Article (14) of Law No. (4) of 2023, which stipulates (the text of item (second) of Article (37) of the law and replacing it with the following: Second: The parties and individuals that prevent political parties from opening their headquarters and practicing their electoral activities), and the adoption of the text of Clause (II) of Article (37) of Law No. (12) of 2018, as amended, which stipulates (give or offer or promise to give a voter a benefit to himself or others to force him to vote in a certain face or abstain from voting).
Seventh: Unconstitutionality of Article (21) of Law No. (4) of 2023, which stipulates that (the Federal Service Council shall appoint those covered by the provisions of Article (1) of Law No. (27) of 2019) members of (provincial, district and district councils) who continue to serve until 26/11/2019 and distribute them to ministries and entities not associated with a ministry according to jurisdiction and geographical location. Their previous service is calculated for the purposes of allowance, promotion and retirement.
Second: The governorates that are not organized in the territory of providing the Federal Service Council must support the continuity in the service and a certificate of the last salary until 26/11/2019 for those covered by the provisions of item (I) of this article).
Eighth: The response of the plaintiffs’s claim regarding the appeal of the rest of the articles of Law No. 4 of 2023 that are not condemned to their unconstitutionality.
https://alforatnews.iq/news/المحكمة-الاتحادية-تحسم-الطعون-بقانون-الانتخابات
