Legal expert clarifies the constitutionality of holding elections in the absence of a quorum for the Federal Court

Legal expert clarifies the constitutionality of holding elections in the absence of a quorum for the Federal Court

08/03/2020 12:21:31

Legal expert clarifies the constitutionality of holding elections in the absence of a quorum for the Federal Court(Baghdad: Al Furat News) The legal expert, Tariq Harb, clarified today, Monday, the constitutionality of holding elections in the absence of a quorum for the Federal Court.
Harb said in a statement received by {Al Furat News} that “it is permissible to hold elections and announce the final results even without the quorum of the Federal Supreme Court quorum because the role of the court is after the elections and after the announcement of the final results of the elections as the constitution decided that with an invitation to parliament.

Harb added: “Where many voices came up while mentioning things that do not coincide with the provisions of the constitution, for example, the voices that say (We cannot hold elections because there is no Federal Supreme Court) without noting that this statement is constitutionally incorrect with the serious moral implications it will have in The Iraqi street To confirm the invalidity of this statement, we mention the ruling on elections and the Federal Supreme Court, where paragraph (VII) of Article (93) of the constitution states the following (“The Federal Supreme Court is concerned with: ratifying the end results of the general elections for membership of the House of Representatives)” and from that we note that The duty of this court is to certify the election results. There is a difference between holding the elections and certifying the election results, as its role is constitutionally determined by certifying the final results. This is done after completing everything related to the elections. There is no duty for the court and no role in: –

1- All pre-election procedures, such as records, cards, stations, stations, and electoral funds.

2- Also, it has nothing to do with the Federal Supreme Court in the Elections Law and the Constituencies.

3- Likewise, there is no relationship with the court in the electoral process, including voting, voting, and identifying the candidate who votes for it.

4- The court has nothing to do with the post-voting, voting and voting processes, including the counting and counting process, determining the number of votes obtained by the candidates, and how votes are counted.

5- The court has nothing to do with determining the names of the winners or the losers.

6- The court has nothing to do with the final results of the elections.

7 – The promise of announcing the final results of the elections comes the role of the court, where the final results are ratified, and its ratification is a moral and legal basis for the court. The dispute over the results will be the subject of a lawsuit before it after the House of Representatives held its sessions and according to Article (52) of the constitution, and from that we note that the role of the court is after the completion of all Something in the elections, and since the month of June is the date of the elections as specified by the Prime Minister, it means that the role of the court will be in July or August, that is, after its year, as Parliament can, by a simple majority, approve 83 deputies. The new law, which requires the approval of 220 deputies, and that is by amending Article Three of the Ordinance (Law) 30 for the year 2005, the law of the court in force in a manner that guarantees the completion of the quorum of the court and in front of us for a long period to ratify the electoral results, which is a word for the guardians of our affairs and the stakeholders in Parliament deputies in order to rush to amend Law 30 of 2005 WhichIt is still exhausted by virtue of Article 130 of the Constitution to fill the deficiency of the respected court before the dissolution of Parliament, as there must be a dispute regarding the identification of the person who will obtain the status of a member of the Federal Supreme Court.

alforatnews.com