Federal Supreme Court clarifies constitutional procedures regarding Speaker vacancy in Iraqi Parliament
Shafaq News / The Federal Supreme Court (the highest judicial authority in Iraq) issued a constitutional interpretation on Thursday regarding the vacancy of the Speaker of the Council of Representatives. It emphasized that the session's convening to initiate the nomination process was governed by Article 12/III of the Council's Internal Regulations. This necessitates the assembly to launch the nomination process and elect a Speaker based on an absolute majority.
The Court clarified that the Speaker's election should occur in the initial or subsequent sessions following the first session. It emphasized the imperative for the Parliament to continue its duties during the legislative term, with one of the Deputy Speakers presiding until the election of a new Speaker. Additionally, the Court highlighted that the absence of a new Speaker cannot justify obstructing the Council's operations.
This judicial ruling, according to the Court's statement, aligns with the interpretation of Article 55 of the Iraqi Constitution. The Court's interpretation clarified that the vacancy of the Speaker's position is addressed by the provisions of Article 12/III of the Council's Internal Regulations.
It mandates the assembly's convening to open the nomination for the Speaker, allowing nominations solely during that session to avoid prolongation.
The election of the Speaker must occur in the aforementioned session or subsequent ones following the first session, except for withdrawals from candidacy.
The Court also highlighted the necessity for Parliament to operate continuously during the legislative term, with one of the Deputy Speakers leading until the election of a new Speaker.
The absence of a new Speaker cannot justify impeding the Council's functionality. This decision was made per Articles 93 and 94 of the Iraqi Constitution of 2005 and Article 5/II of Federal Supreme Court Law No. 30 of 2005, amended by Law No. 25 of 2021, binding all authorities.
