The Federal Supreme Court interprets the text of Article (55) of the Constitution
Baghdad/ Media of the Federal Supreme Court
The Federal Supreme Court issued its interpretive decision No. (322/Federal/2023) on Thursday, 12/14/2023, which relates to the interpretation of Article (55) of the Constitution of the Republic of Iraq for the year 2005, which stipulates that (the Council of Representatives shall elect in its first session a president, Then a first deputy and a second deputy, by an absolute majority of the number of Council members, by direct secret election.
The court reporter explained that the interpretation of the aforementioned article according to the court’s interpretive decision makes it clear that:
((The vacancy of the position of Speaker of the Council of Representatives is subject to the provisions of Article (12/3rd) of the internal regulations of the Council of Representatives, and this requires that the Council of Representatives convene for the purpose of opening the door for nominations for the presidency of the Council of Representatives to any of its members who wish, and that the opening of the door for nominations be limited to that session only, in order to make a decision. The matter of electing the President of the Council at the appropriate time and not prolonging this period. No new nomination may be accepted after the beginning of the voting procedures. The President of the Council is elected by an absolute majority in that session or in the following sessions after the first session (from among all the candidates in the first session - except for those who request withdrawal of candidacy) provided that the Council of Representatives must continue to perform its duties during the legislative term and its sessions shall be held under the chairmanship of one of the two Vice-Presidents until a new president is elected, and that the failure to elect a new president shall not be a justification for obstructing the work of the Council of Representatives)) it was issued unanimously based on the provisions of Articles (93 and 94) of the Constitution of the Republic of Iraq for the year 2005 and Article (5/2nd) of the Federal Supreme Court Law No. (30) of 2005, amended by Law No. (25) of the year 2021, which is final and binding for all authorities.
