The Federal Court issues a decision that some articles of the Iraqi Kurdistan Parliament election law are unconstitutional

 

 

 

 

 

Baghdad / Media of the Federal Supreme Court

 

   The Federal Supreme Court held its session today, Wednesday, February 21, 2024, and issued its ruling in the case No. (83 and its units 131 and 185/Federal/2024), which included the following ruling:

First - The unconstitutionality of the phrase (eleven) contained in Article One of the Iraqi Kurdistan Parliament Election Law No. (1) of 1992, amended to read as follows (The Kurdistan Parliament shall consist of one hundred members).

Second - The unconstitutionality of the phrase (under the provisions of Paragraph 4 of Article 2 of the Independent High Electoral Commission Law No. 11 of 2007 until the formation of the Independent High Commission for Elections and Referendum for Iraqi Kurdistan) contained in Article (Sixth bis/first) of the Iraqi Kurdistan Parliament Election Law No. ( 1) for the year 1992, amended so that the text becomes as follows: (First - The Independent High Electoral Commission replaces the Supreme Election Commission for the Parliament of Iraqi Kurdistan mentioned in this law to supervise and manage the parliamentary elections) and the unconstitutionality (Clause Fourth) of Article (Sixth bis).

Third - The unconstitutionality of Article (Nine) of the Law on Elections for the Parliament of Iraqi Kurdistan No. (1) of 1992, as amended, and the enforcement of the previous text that was canceled pursuant to Article (Fourth) of the Third Amendment No. (47 of 2004) so that the effective text becomes (Iraqi Kurdistan is divided into regions Electoral elections, provided that they are not less than four regions.

Fourth - The unconstitutionality of Article (Third) of Law No. (15) of 2013 (the Seventh Amendment Law to the Law on Elections for the Parliament of Iraqi Kurdistan No. (1) of 1992, as amended, according to which Article (Seventeen) of the aforementioned law was cancelled, and the aforementioned article, which stipulates that (The Civil Status Department shall provide every citizen who has completed eighteen years of age with a voter’s card according to a formula whose descriptions and form are determined by the Supreme Authority’s statement, provided that the voter presents proof of his identity to vote).

Fifth - The unconstitutionality of the phrase (within the scope of Iraqi Kurdistan) and the phrase (provided that the number of candidates on each electoral list is not less than three) contained in Article (Twenty-Two) of the Iraqi Kurdistan Region Election Law No. (1) of 1992, amended so that the text becomes as follows ( Each political entity in Iraqi Kurdistan must submit its list that includes the names of its candidates, containing a percentage of no less than 30% of women. The names of the candidates are arranged in a way that ensures the representation of the aforementioned percentage of women in Parliament.

Sixth - The unconstitutionality of Articles ((Sixth), (Seventh), (Item One/1 and 2 of Article Thirty-Six), (Thirty-sixth bis), (Paragraph (2) of Article Fifty-sixth) and (Fifty-eighth)) of the Election Law. Kurdistan Region of Iraq No. (1) of 1992, amended.

Seventh - Rejection of the plaintiffs’ lawsuit regarding the challenge to the rest of the articles of the Iraqi Kurdistan Region Election Law No. (1) of 1992, as amended.

Eighth: Reject the plaintiffs’ lawsuit on behalf of the two defendants, the President of the Kurdistan Region and the Prime Minister of the Kurdistan Regional Government, in addition to their jobs, as there is no conflict.

The decision has been issued with a majority, final, and binding for all authorities.