The Iraqi Constitution guarantees the unity of Iraq and maintaining that unity is the responsibility of the federal authorities and the constitutional responsibility must be observed and not violated by the Constitution
The continuation of the work of the governorates councils after the end of their electoral cycle is contrary to the provisions of the Constitution and the will of the people.
Baghdad / Federal Court Media
The Federal Supreme Court issued its decision today 2/June/2021 in the case 155 /Federal /2019, which includes that the existence of governorates councils is a constitutional fact that cannot be exceeded and therefore the legislature may not initiate a law that includes the abolition of these councils because it contradicts the provisions of the Constitution and the principles of democracy and the peaceful circulation of power, but the continuation of the work of elected councils, whether national councils or local bodies after the end of their electoral cycle, violates the right of the people to vote, elect and run for office and exceed the will of the voter.
The time limit for the work of governorates councils is a duty to restrict them and cannot be exceeded as it is the right of the people and is exercised by them in direct periodic elections.
What was listed in the paragraph (3rd) Article 1 of the law number 27 of 2019, the Second Amendment to the Governorates and District Councils Election Law No. 12 of 2018, does not mean abolishing the existence of governorates councils as a constitutional local body, but rather suspending the continuation of the work of these councils for exceeding their deadline, and this represents a return to the will of the people to renew their election.
The governor is the supreme chief executive of the governorate and is obliged to follow the state policy drawn up by the Council of Ministers and subject to its supervision, and the concept of conducting daily works must be understood within the framework of ensuring the functioning of public facilities and not disrupting them to ensure the provision of services to the public under the state policy and as subject to parliamentary and administrative control required by administrative decentralization.
Governorates councils are administrative and local bodies entrusted with implementing financial and administrative powers only within the principle of administrative decentralization and the Constitution has not authorized them to exercise legislative powers.
Therefore, Law number 27 of 2019 is the Second Amendment Law of the Governorates and District Elections Law No. 12 of 2018, which ended the continuity of the work of the governorates councils in accordance with the Constitution and on the basis of which the court decided to reject the case.
