Principles of the Judgment of the Federal Supreme Court No. (156 and its unified 160 / Federal / 2022)

 

 

 

 

 

   The Court considers that:

 

1. The right to vote, elect, and run for office is one of the rights guaranteed under the Constitution and all authorities must provide the necessary means to ensure the enjoyment of the citizen otherwise the electoral process loses its democratic value, which represents a departure from the Constitution and the authorities lose the legitimacy of their existence, which derives from the people based on the provisions of article (5) of the Constitution of the Republic of Iraq of 2005.
2. One of the most important ways to achieve democracy is to find an independent body to manage the electoral process and not interfere in it by state authorities or political blocs, and to make that body reference for the political parties involved in the political process loses its impartiality and independence.
3. The failure to guarantee the right of the people to vote, elect, and run for office loses the political process and its constitutional elements and affects the extent to which citizens participate in elections or not.
4. Elections should be an arena for competition between national ideas and principles that affect the state and the citizen and ensure the constitutional rights of all components of the Iraqi people away from negative competition that is based on following all methods for the purpose of reaching power to achieve personal interests.
5. The phrase "exclusive authority" was assigned to the Independent High Commission for Elections and Referendum in the Kurdistan Region under Article (2^nd/1^st) of Law No. (4) of 2014 violates the provisions of Articles (20 and 102) of the Constitution of the Republic of Iraq of 2005 to undermine the independence of the Independent High Electoral Commission, which requires ruling with its unconstitutionality.