(Et al) published text of the draft political parties law passed by Parliament today
(Et al) published text of the draft political parties law passed by Parliament today
27/08/2015 05:18
Brother – Baghdad
Published for News Agency (et) text of the draft law on political parties and organizations, passed by the House of Representatives at its Thursday unanimously.
Ensure law and decoding Aaidiat parties link from the Ministry of Justice and linked to the Independent Higher Commission for Elections.
According to the text of the law:
Name of the people
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of item (I) of Article (61) and item (iii) of Article 73 of the Constitution
Issued the following law:
No. [] for the year 2015
Political parties law
chapter One
Syriacs, definitions and goals
Article 1 provisions apply this law on parties or political organizations and political organizations in Iraq.
Article 2 means the following expressions have the meanings set against which for the purposes of this law:
First, the party or political organization: is a group of citizens organization under any name on the basis of principles and objectives of the common themes and seeking to gain power to achieve democratic goals in ways that do not conflict with the provisions of the Constitution and the laws in force.
Second, the trial court: [judicial organ of the elections] problem under the Independent Electoral Commission Act No. 11 of 2007 average.
Third, the Department of parties: the Department of Affairs parties or political organizations and political organizations in the Independent Electoral Commission and attached to the Council of Commissioners.
Article 3 of this law is aimed at the following:
First: the organization of the provisions and procedures relating to the establishment of parties or political organizations and activities.
Second, the principle of political pluralism and the party or political organization based on constitutional legitimacy.
Third: to ensure the freedom of citizens to establish political parties or political organizations and to join or withdraw from.
Chapter II
Basic Principles
Article 4 First: Citizens, both men and women the right to participate in the establishment of party or political organization or belonging to it or withdraw it.
Second: Do not permissible to force any citizen to join any party or political organization or force him to continue with it.
Third: It is not permissible that any citizen belongs to more than one party or political organization at the same time.
Fourth: A person who belonged to any party or political organization or a political party to join another organization provided that the end of the membership of the party or political organization which was formerly a member.
Fifth: The distinction may not be a citizen or exposure or accountability or compromising constitutional rights because he belongs to a political party or organization founder accordance with the law.
Article -5-
First, establish a party or political organization on the basis of citizenship and not inconsistent with the provisions of the Constitution.
Second, it can not be founded the party or political organization on the basis of racism, terrorism or atonement or sectarian or ethnic or national intolerance.
Third, it prevents the establishment of the party or political organization that adopts or promotes thought or approach the dissolved Baath Party.
Article 6. party or political organization depends democratic mechanisms for the selection of the party leaders or political organization.
Article 7 of each party or political organization have its own distinctive name and logo to him should be the full name of each party or a political organization, acronym, as well as the name and logo featured him different from those of previous parties or political organizations and registered under this law.
Chapter III
The provisions of Incorporation
Article -8- required for the establishment of any political party or organization as follows:
First: do not conflict or political party’s principles, objectives, programs with the Constitution organization.
Second, have a party or political organization of his own for the purpose of achieving his goals.
Third, should not be the founding of the party or political organization and his work taking the form of military or paramilitary organizations, also not allowed to engage in any armed force.
Fourth: not to be among the founders of the party or political organization or its leaders or members of proven virtue is his calling to promote or participate in any manner of ways publicity ideas inconsistent with the provisions of the Constitution.
Article 9 is required in establishing the political organization or party to be -:
First: Iraqi nationality.
Second: Complete the fifth and twenty years of age, and enjoy legal capacity.
Third: He holds a university degree or equivalent previews.
Fourth, is doomed to virtue has become a competent court for the crime of murder or crime involving moral turpitude or crimes of terrorism or financial corruption, administrative or international crimes and is not covered by the procedures of accountability and justice and not belonging to a political organization Baath rank of Full Member Party or older.
Fifth: non-belonging to the membership of a political party or other organization incorporation time.
Sixth: not to be members of the judiciary and the Integrity Commission and the Independent High Electoral Commission and the Supreme Commission for Human Rights and members of the army and internal security forces and the intelligence service and who belonged to the party or political organization to choose between resigning from the party or political or employment regulation in the party above.
Article -10- Whoever belongs to the membership of any party or organization politicians have:
First: Iraqi nationality.
Second: Complete 18 eighteen years of age and enjoy legal capacity.
Third: not to be members of the judiciary and the Integrity Commission and the Independent High Electoral Commission and the Supreme Commission for Human Rights and members of the army and internal security forces and the intelligence service and national security and should not be covered by the procedures of accountability and justice, and who belonged to the party or political organization to choose between resigning from the party or political organization or a political organization or a political organization or function in the entities mentioned above.
Chapter IV
Registration procedures
Article 11 stipulates for the establishment of any political party or organization subject to the following:
I. An application for incorporation in writing signed a representative of the party or political organization for registration to the party circuit or political organizations, attaching a list of the enterprise body that at least a number of its members from 7 seven founding members and accompanied by a list of not less than [2000] two thousand members of the various provinces, that is taking into account the women’s representation.
Secondly – attached to the application of incorporation of the following documents:
A: three copies of the rules of procedure of political party or political organization and program.
B: provide parties representing ethnic components [minority] a list of 500 members captions, the founder of the party or political organization.
A: The list of names of members of the institution body enhanced personal Bhetwaqaahm and certified by a notary.
D: a certified copy of the identity card Civil Status and housing for each member of the body or institution of any document be replaced by a law.
E: Linear pledged to open a bank account of the party or political organization within 30 days of the party or political organization considered metaphorically.
And: -1- copy of the newspaper precedents each founding member sent by the Ministry of Interior / Department forensic evidence or the Ministry of Interior in the region for the residents of the region, and the supreme national body was for Accountability and Justice at the request of the parties department or political organizations during a period not to exceed thirty days from the date providing incorporation request confirms his newspaper free of any judicial judgment was for the crime of murder or crime involving moral turpitude or crimes of terrorism or corruption, financial or administrative, or comprehensiveness procedures of accountability and justice.
-2- In the case of non-receipt of the Department of parties or political organizations to newspaper precedents for each founding member during the period mentioned it is considered acceptable incorporation request conditional admission.
Article -12- First: If there is a lack of formality or substantive defect in the request for the establishment procedures of the applicant to complete these actions within a period of thirty days, otherwise the application is rejected.
Second: aggregated circle parties or political organizations registration fee of five and twenty millions dinars.
Article -13- First: the Department of parties or political organizations at the request of incorporation to decide within a period not to exceed fifteen days from the date of consideration of the application, otherwise the application is considered acceptable.
Second: The party or political organization in place after the approval of the Department of parties or political organizations and the endorsement of the Board of Commissioners and published in two local newspapers.
Article -14-First: The decision of the Chamber to accept or reject the request for the establishment of the party or political organization is subject to appeal by any interested party before the trial court and within fifteen days from the date of publication.
Second, the trial court shall decide the appeal within fifteen days from the date of receipt of the appeal.
Third, in the case set aside the trial court’s decision circuit parties or political organizations be required to consider it again.
Fourth, decisions issued by the trial court, which can be appealed before the Supreme Federal Court within thirty days from the day of notification decision in accordance with the provisions of the Civil Procedure Law No. 83 of 1969.
Article -15- A challenge to the decision of the trial court to the Federal Supreme Court and met a fee of five hundred thousand dinars, and is to decide on the appeal of urgent matters.
Article -16- First: The party or political organization in place from the date of approval of the Federal Supreme Court on the trial court’s decision.
Second: If the Federal Court overturned the decision returned the case to the trial court to judge the case again in accordance with the requirements of the Federal Court decision.
Third, it published the Federal Supreme Court’s decision to ratify the decisions of the trial court in the Official Gazette.
Article -17- First: create a circle called the circle Parties Affairs or political organizations [within the organizational structure of the Independent High Electoral Commission and attached to the Council of Commissioners directly headed by a rank of director general with experience and integrity and competence obtained a graduate degree in law or political science and includes a sufficient number of staff.
Second, specializes in circuit parties or political organizations, including the following:
A-issuance of the license parties or political organizations.
(B) submit a proposal to the Ministry of Finance’s annual estimate of the total amount of financial subsidy to political parties or political organizations.
(C) the follow-up work and activities of political parties or political organizations and assess their conformity and compliance with the provisions of the law.
(D) to monitor violations of the political parties or political organizations and investigated.
(E) to attend court hearings on issues related to parties or political organizations to the head of the party or his representative, and appeals before the competent courts.
(F) moving the complaints and suits against political parties or political organizations or any of its members in violation of the provisions of this law.
Third parties are decisions or circle and procedures regarding the implementation of the provisions of this law effective after the Board of Commissioners authentication political organizations.
Chapter V
Rights and duties
Article -18- enjoy the party or political organization of the moral and legal personality and operates accordingly.
Article – 19. First: the head of the party or political organization and as, according to the rules of procedure is represented in all matters relating to its affairs before the courts and other agencies.
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