The Federal Supreme Court issues a judgment about the parliamentary opposition concept

The Federal Supreme Court issues a judgment related to the concept of the parliamentary opposition bloc, confirming that its members can exercise all the Constitutional guarantees.

The spokesman of the Court Ayas Al-Samouk stated ,that the Federal Court convened its session headed by the Judge Madhat Al-Mahmood with the attendance of all member judges. The Court tried a request from the Iraqi Council of the Representatives about the concept of the political opposition, and how it’s related to the provisions of the article (76) of the Constitution. 

Al-Samouk added, the request had included a question about the violation concept corresponding in the article (76) to clarify the right of the bloc or blocs which doesn’t incorporate to the biggest parliamentary bloc, or to withdraw from it, to represent the parliamentary opposition bloc.

Al-Samouk resumed, the request had included the possibility of another bloc’s right or members in the Iraqi Council of Representative to join another front or the opposition bloc in the same mechanism which had been registered with.

He also stated that the request included the inquiry about the Constitutional guarantees which provided to this bloc in the parliamentary system according to the provisions of the Constitution, and what the comparative jurisprudence settled on.

He added, the Court found that the article (76) of the Constitution previously clarified in the judgment issued on (25.3.2010) in the Ref. (25/federal/2010). The Court confirmed its judgment on (11.8.2014) in the Ref. (54.teh.qaf/2014).

Moreover, the Court had defined in these two judgments the concept of the biggest parliamentary bloc which forms after the election from one electoral list, and this list gained the biggest number of the seats or the list which gathered from two electoral lists or more and gained the biggest number of the seats. Its members acquired the title of Representative after performing the Constitutional oath. The nominee of this bloc is assigned to form the Council of the Ministers. 

He clarified that the Federal Supreme Court interpreted that the remnant Representatives are submitting to the parliamentary democratic system which adopted by Iraq according to the text of article (1) of the Republic of Iraq Constitution for 2005 and those who doesn’t involve to the biggest parliamentary bloc which their nominee formed the Council of the Ministers. Those Representatives have the right to form an opposition bloc according to a specific agenda, the Presidency of the ICR must be informed by the names of this bloc’s members and its agenda. They also have the right to remain individually, and they can oppose who they desire from the executive power, or support him according to their satisfaction.

He noted, the Federal Supreme Court had mentioned that the opposition bloc which formed according to its choice and agenda has all the Constitutional guarantees which provided by the Constitution and the ICR’s law to exercises all the competencies and authorities as they represent the all Iraqi people. In addition to the immunity which the Representative enjoys when he states opinions during the convening session.

Finally, the Federal Supreme Court found that the opposition bloc have the same rights of the biggest parliamentary bloc to be moved to any other bloc during the electoral session according to their satisfaction, and to ensures the right of expression and privacy according to the articles (17/1st) and (38/1st) of the Constitution.