The Federal Court: Forcing Candidates to Resign is a Constitutional Violation

Baghdad - INA

The Iraqi federal court confirmed on, Sunday, that the president of any party forcing candidates to resign is a constitutional violation.
 
A statement from the court received by the Iraqi News Agency(INA) said that " Any head of party forces his candidates to submit resignation requests, retain them and use them whenever he wants violates the constitutional principles and values and the provisions of Articles ( 5, 6, 14, 16, 17, 20, 39 and 50 ) of the Constitution and represents a significant deviation in the democratic process from its proper course, which was not composed by most parliaments of the world countries and in no way can the will of the people represented by the Iraqi Council of Representatives be reduced to the personality of the speaker of Parliament.
 
The statement added that "the Federal Supreme Court has the right to terminate the membership of a deputy in the House of Representatives whose membership has expired by law and to disclose it by its ruling decision if he violates his constitutional and legal obligations based on the provisions of the Constitution and the law, especially the law of the House of Representatives and its formations, and in the forefront of those violations is constitutional perjury. The Federal Supreme Court has absolute discretion in assessing this according to the facts, evidence and investigations conducted by it".
 
 
The statement continued that "the jurisdiction of the Federal Supreme Court in deciding the appeal against the validity of the membership of a deputy and the judgment issued in this regard shall be based on the termination of membership, not revealing it, other than its jurisdiction to rule on the termination of membership of the deputy in accordance with the provisions of Article (12) of the law of the House of Representatives and its formations No. 13 of 2018, which is revealing the case of termination of membership, which is established by law" ,indicating that "the defendant Speaker of the House of Representatives used resignation requests submitted by the plaintiff after he misrepresented and changed it, necessitating the termination of his membership”.
 
The statement pointed out that "it is impossible to rely on the provisions of Article (52) of the Constitution when a member of Parliament is proven to have committed constitutional and legal violations, especially perjury stipulated in Article (50) of the Constitution because of the inability to continue his membership in the council, which requires ruling on the termination of membership and its termination”.