Iraq's Supreme Federal Court said the suspension of the powers of the provincial councils is constitutional and it does not refer to disseverment of those council as domestic constitutional commissions.
The federal court said in a statement on June 2nd about the "suspension and revocation" of Iraqi provincial councils, including those in the districts and sub-districts, the decisions by Iraqi parliament goes along the Iraqi constitution.
"For the elected councils, national or local, to continue performing its duties after termination of its period, is violation of the votes of people, the elections and the candidates themselves," the statement elaborates.
"For the elected councils, national or local, to continue performing its duties after termination of its period, is violation of the votes of people,"
"What is mentioned in article 3 of items 1 of Law No. 27 in 2019 by Iraqi parliament, does not refer to dissolving the provincial council as local councils per the constitution, yet it means suspension of its task due to expiration of its period."
The court ruling comes following the complaint by Iraq's provincial councils, including Kirkuk and Nineveh, against the endorsement of amendment for 2019 elections law which blocked the provincial councils.
Nineveh- The building of Nineveh Provincial Council in al-Falah neighborhood, at the left part of Mosul. Photo by KirkukNow.
The federal court states that provincial councils are assigned for financial and administrative tasks within the framework of non central administration and the constitution not implementation of the legislative orders.
"The decision is identical to the constitution and hence court rejected the lawsuit."
In 2019, the Iraqi parliament has followed two directions to suspend the provincial councils, a request by October 2019 protestors calling for reforms and anti-corruption procedures.
On October 28th, 2019, the majority in Iraqi parliament has decided to susoended the provincial councils whom argues a law is irrevocable by an order.
A session in the Supreme Federal Court. Photo by court website.
In the second steps, the Iraqi parliament has amended law No. 12 in 2018 regarding provincial council elections on November 26th, 2019, and added an article about suspension of the councils.
After 2 years of argument, the federal court has ruled out in favor of the parliament and put an end to the issue.
