Federal Court clarifies its mission in electing the President of the Republic
8/8/2018

Treasures of Media - The Federal Supreme Court, its mission in the election of the President of the Republic.


The Federal Court, the highest judicial body in the country, extends its jurisdiction to all Iraqi territory and carries out its work under the Constitution and its law by No. 30 of 2005, and has other functions as stipulated by laws enacted by the Council of Representatives in accordance with its legislative authority provided for in Article 61 of the Constitution Including Article {7} of the Law of Governorates not organized in the region No. 21 of 2008 amended.

In light of the Iraqi legislator's sense of the importance of the constitutional judiciary and its role in protecting the constitutional procedures and ensuring their integrity and non-deviation from legitimacy, the Federal Supreme Court has a major role in applying the provisions of the law to run for president.

The President of the Republic, as defined by Article 67 of the Constitution, is "the head of state and the symbol of national unity, represents the sovereignty of the country, and ensures the observance of the Constitution and the preservation of Iraq's independence, sovereignty, unity and territorial integrity in accordance with the provisions of the Constitution."

Article (69 / I) of the Constitution stipulates that "the provisions of candidacy for the post of President of the Republic shall be regulated by law.

" The law of the provisions for candidacy for the post of President of the Republic No. 8 of 2012 and published in the Official Iraqi Gazette No. 4231 in 27 Of February 2012.

Under the said law, he announced the nomination for the post of President of the Republic within three days from the date of the election of the Speaker of the House of Representatives and his deputies in its new legislative session - after three days of the first session of the House of Representatives - where applicants submit their requests to the Presidency of the House of Representatives Within three days of the announcement of the submission.

Article (5) of the law gives the person whose name does not appear the right of objection to the Federal Supreme Court within three days from the date of the declaration.

The court shall then decide within three days from the date of registration of the objection to it.

Its decision is binding and binding. The Presidency of the Council of Representatives shall report its decision regarding the objection submitted to it within three days from the date of its issuance.

Thus, the Federal Supreme Court will extend its work under the law to nine days between receipt of the objection and the decision and the notification of the presidency of the Council of Representatives result.

After the election is completed in accordance with the mechanisms stipulated in Articles 7, 8 and 9 of the said law, the President of the Republic elected in the presence of the President of the Federal Supreme Court shall be sworn in as provided for in Article 50 of the Constitution.

The law of the provisions of candidacy for the post of President of the Republic has been implemented for the first time in the third legislative session, and led Fuad Masum in front of the House of Representatives in its meeting on 24/7/2014, after his election as President of the Republic sworn in the presence of the President of the Federal Supreme Court Judge Medhat al-Mahmoud.



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