Continued from Constitution of Iraq
CHAPTER THREE: THE FEDERAL AUTHORITIES
PART ONE: THE LEGISLATIVE AUTHORITY.
Article (47): The federal legislative authority is made up of the Council of Representatives and the Council of Union.
FIRST: The Council of Representatives (Parliament).
1st -- The Council of Representatives is made up of a number of members at a proportion of one seat for every 100,000 people from the population of Iraq. They represent the entire Iraqi people and are elected by general, direct, secret ballot, and they take care to represent all groups of people.
2nd -- A candidate for membership in the Council of Representatives must be a fully qualified Iraqi.
3rd -- Conditions for candidates and voters and everything connected to elections will be regulated by law.
4th -- The Council of Representatives will promulgate a law dealing with replacing of its members when they resign or are removed or die.
5th -- It is not permitted to hold membership in the Council of Representatives and another official position.
Article (49): Members of the Council of Representatives shall take the constitutional oath in front of the council before starting their work, as follows:
"I swear by God almighty to carry out my legal duties and responsibilities with dedication and devotion and to preserve the independence and sovereignty of Iraq and to look after the interests of its people and to see to the safety of its land, sky, water, wealth and democratic, federal system and to work to preserve the public and private freedoms and the independence of the judiciary and to abide by honestly and impartially implementing the legislation. God is the witness of what I say."
Article (50): The Council of Representatives shall establish an internal system to regulate its work.
1st -- The Council of Representatives should determine the correctness of the membership of a member by a two-third majority within 30 days of the registering of an objection.
2nd -- The council's decision may be challenged before the Supreme Federal Court within 30 days of the day it was issued.
1st -- Sessions of the Council of Representatives shall be public unless it is necessary to do otherwise.
2nd -- Sessions reports shall be published in the way the council sees fit.
Article (53): The president
of the republic
calls on the council to convene by a presidential decree within 15 days of the date that the results of the general elections
have been certified. The session shall be held under the chairmanship of the oldest member, to elect the president of the council and his deputies. Extensions for more than the previously mentioned period are not allowed.
Article (54): In its first session, the council shall elect by absolute majority its president, then a first deputy and a second deputy by direct, secret balloting.
1st -- The duration of the council's cycle is four calendar years, starting with the first session and ending by the end of the fourth year.
2nd -- The election of a new Council of Representatives takes place 45 days before the cycle ends.
Article (56): The Council of Representatives
has two legislative seasons a year, running for eight months. Internal rules will determine how they shall be held. The season in which the general budget is submitted to the council shall not end before it is approved.
1st -- The president of the republic
, the Prime Minister
, the president of the Council of Representatives or 50 members of the council may call for an extraordinary session, and the meeting shall be confined to the issues that have made it necessary to call for the session.
2nd -- The legislative season for the Council of Representatives
may be extended for no longer than 30 days to accomplish the tasks that require this, based on a request from the president of the republic, the prime minister, the president of the Council of Representatives or 50 members.
1st -- Quorum
for sessions of the Council of Representatives shall be reached by the attendance of the absolute majority of its members.
2nd -- Decisions shall be made in the Council of Representatives by simple majority
, as long as it has achieved the required attendance and as long as it has not been stated otherwise.
The Council of Representatives is given the following duties:
1st -- Legislating federal laws.
2nd -- Overseeing the performance of the executive authority.
3rd -- Certifying treaties or international agreements by a two-thirds majority of the members of the Council of Representatives, as will be regulated by law.
4th -- Electing the president of the Republic
5th-- Approving the appointments of:
- the head and members of the Federal Cassation Court, the head of the General Prosecutors Office and the head of the Judiciary Inspection Department by absolute majority, based on the recommendation of the Supreme Judicial Council.
- ambassadors and those with special ranks, based on the recommendation of the Cabinet.
- the army chief of staff, his deputies and those who hold the title of division leader and up, the head of the intelligence service, based on the recommendation of the Cabinet.
- Questioning the president of the republic based on a request that mentions the reason for questioning, passed by an absolute majority of the Council of Representatives.
- Relieving the president of the republic of his duties by absolute majority of the members of the Council of Representatives after he has been convicted from the Supreme Federal Court in one of the following cases:
- Violating the constitutional oath.
- Violating the constitution.
- Grand treason.
- A member of the Council of Representatives has the right to ask the Prime Minister and the ministers questions about any subject that falls under any their specialties, and each has the right to answer the members. He/she who asks the question is the only one who has the right to comment on the answer.
- At least 25 members of the Council of Representatives may propose a general topic for discussion to clarify the policy or performance of the Cabinet or one of the ministries, and it is then presented to the president of the Council of Representatives, and the prime minister or the ministers set a date to come before the Council of Representatives to discuss it.
- A member of the Council of Representatives, with the approval of 25 members, may direct an interpellation to the prime minister or the ministers to hold them accountable for the affairs under their specialty. Discussing the interpellation may not take place before seven days from the date it was submitted.
- The Council of Representatives may withdraw confidence from a minister by absolute majority, and he/she is considered removed from the date of the withdrawal of confidence. The issue of confidence in a minister can only be put forth at his request or because of a request signed by 50 members as a result of discussing an interpellation directed to him. The council may not decide on the request except after at least seven days from the day it has been submitted.
- The president of the republic may submit a request to the Council of Representatives to withdraw confidence from the prime minister.
- The Council of Representatives, based on a request from one-fifth of its members, may vote to withdraw confidence from the prime minister. This request may not be submitted except after an interpellation directed to the prime minister and after at least seven days from the submission of the request.
- The Council of Representatives decides the withdrawal of confidence from the prime minister by absolute majority of its members.
- The Cabinet shall be dissolved in the case that confidence is withdrawn from the prime minister.
- In the case of a vote withdrawing confidence from the whole Cabinet, the prime minister and ministers remain in their positions to run the daily affairs for a period no longer than 30 days until a new Cabinet is formed.
- The Council of Representatives has the right to question and relieve the officials of independent associations from their duties according to the procedures relating to the ministers and by absolute majority.
- Approving the declaration of war and a state of emergency by a two-thirds majority, based on a joint request by the president of the republic and the prime minister.
- The state of emergency may be declared for 30 days, which may be extended by approving it each time.
- The prime minister shall be given the necessary powers to enable him to run the country's affairs during the period of a declaration of war or a state of emergency. These powers shall be regulated by law in a way that does not run contrary to the constitution.
- The prime minister presents to the Council of Representatives the measures adopted and the results during the period of a declaration of war or a state of emergency within 15 days from the time they have ended.
- The Cabinet presents the general budget bill and the final accounting statement to the Council of Representatives for approval.
- The Council of Representatives has the right to rearrange between the parts of the general budget, reduce its total amount of money and it may, when necessary, propose to the Cabinet to increase general costs.
- The rights and privileges given to the president of the Council of Representatives and his deputies and the members of the council shall be fixed by law.
- A member of the Council of Representatives enjoys impunity that covers the opinions he expresses during the time of convening (the council); he shall not be sued before courts for this.
- A member may not be arrested during the duration of the council's cycle unless he is accused of a felony and by the approval of the absolute majority of the members that he be stripped of his immunity or if he was arrested red-handed.
- The Council of Representatives shall be dissolved by the absolute majority of its members, based on a request from third of its members or a request from the prime minister and with the approval of the president of the republic. The council may not be dissolved while interpellating the prime minister.
- The president of the republic calls for a general election in the country no later than 60 days after the council of representatives has been dissolved. In that case, the Cabinet is considered resigned and it continues to run the daily affairs.
SECOND: The Council of Union.
- A legislative council called the "Council of Union" will be established and will include representatives of regions and provinces that are not part of a region. The makeup of the council, the conditions for membership, specialties and all things related to it will be organized by law regulated by the majority of two thirds of the Council of Deputies.
PART TWO: THE EXECUTIVE AUTHORITY
Article (64): The federal executive authority consists of the president
of the republic and the Cabinet. It carries out its authorities based on the constitution and the law.
FIRST, The President.
Article (65): The president of the republic is the president of the country and the symbol of the nation's unity and represents the sovereignty of the country and oversees the guarantees of adherence to the constitution, the preservation of Iraq's independence and unity and the security of its territory, in accordance to the law.
Article (66): The candidate for the president's post must:
- be Iraqi by birth from Iraqi parents.
- be legally competent and have reached the age of 40.
- have a good reputation and political experience and be known for his integrity, rectitude, justice and devotion to the homeland.
- not have been convicted of a crime that violates honor.
- The rules of nomination for the president's post shall be regulated by law.
- The rule for choosing a deputy or more to the president shall be regulated by law.
1st -- The Council of Representatives selects from among the candidates a president of the republic by a two-thirds majority.
2nd -- If no single candidate gets the required majority, the two candidates with the highest votes will compete and whoever wins a majority of votes in the second round is declared president of the republic.
Article (69): The president of the republic is sworn in in front of the Council of Representatives, using the wording mentioned in article 49 in the constitution.
- The term of president of the republic is limited to 4 years.
- The term of the President of the republic ends with the end of the term of the Council of Deputies.
- The president of the republic continues carrying out his duties until the end of the election of the new Council of Deputies and its first meeting. The election of the new president should be done within 30 days from the day of its first meeting.
- In case the post of the president becomes vacant for any other reason, a new president will be elected to complete the incumbent's term.
Article (71): The president of the republic enjoys the following powers:
- issuing special amnesty, upon a recommendation from the prime minister with the exception of personal right, to pardon those convicted in international crimes, terrorism, financial or administrative corruption or crimes against personal rights.
- endorsing treaties and international agreements following approval by the Council of Representatives and deemed endorsed after 15 days from the date of receiving.
- endorsing and issuing laws enacted by the Council of Representatives. They are considered validated 15 days from the date of receiving.
- calling for the elected Council of Representatives to convene within a period not exceeding 15 days from the date that election results are ratified, and in other cases stated in the constitution.
- awarding medals and badges upon recommendation of the prime minister and in accordance with the law.
- receiving ambassadors.
- issuing republican protocols.
- endorsing execution verdicts issued by the proper courts
- taking leadership of the armed forces for ceremonial and commemoration purposes.
- practicing any other presidential powers mentioned in the constitution.
Article (72): The law determines the salary
and allowances for the president of the republic.
1st -- The president of the republic can present a written resignation to the prime minister
, and it is considered valid after seven days of the date it is lodged to the Council of Representatives.
2nd -- A "deputy" of the president of the republic replaces the president during his absence.
3rd -- The deputy of the president of the republic replaces the president of the republic when the post is empty for any reason, and the Council of Representatives has to elect a new president within a period not exceeding 30 days from the date the post is vacant
4th -- In the case when the post of the president of the republic is vacant, the president of the Council of Representatives replaces the president if there is no deputy for him, and a new president should be elected in a period not exceeding 30 days from the time the position is vacant, according to the laws of the constitution.
SECOND, The Cabinet.
1st -- The president assigns the candidate of the parliamentary majority to form a Cabinet during the first 15 days from the date of the first session of the Council of Representatives. With the exception in the case mentioned in subsection b in the 2nd section of article 70 in this constitution so that the assignment comes within 15 days from the day of the electing of the president.
2nd-- The prime minister is assigned to name members of his Cabinet within a period of 30 days, at the longest, from the date of the assignment.
3rd -- The president assigns a new candidate to be the prime minister within 15 days if the prime minister assigned form the cabinet during the period mentioned in the 2nd Clause fails.
4th -- The assigned prime minister presents the names of the members of his cabinet and its ministerial platform to the Council of Representatives. He is considered to have won confidence when his ministers are approved individually and his ministerial platform is approved by an absolute majority.
5th -- The president will take up the assigning of another candidate to form a cabinet within 15 days if the Cabinet does not win confidence.
1st -- The prime minister
must meet the conditions set for the president of the republic. He must have a university degree or an equivalent and must be no younger than 35.
2nd -- Minister
s must meet the same conditions set for candidates to the Council of Representatives. A minister must have a university degree
or an equivalent.
Article (76): The prime minister
is the direct executive responsible for the general policy of the nation, the general commander of the armed forces and carries out the administration of the Cabinet and presides over its sessions. The prime minister
has the right to remove ministers, with the consent of the Council of Representatives.
Article (77): The prime minister
and the ministers carry out the constitutional oath of office before the Council of Representatives in the manner laid out in Article (49) of the constitution.
Article (78): The Cabinet carries out the following duties:
- planning and implementing the general policy of the state; general plans; supervising the work of the ministers and offices not subordinate to a ministry.
- proposing draft laws.
- issuing regulations, instructions and decisions to implement the laws.
- preparing the draft of the general budget and the final accounting statement and development plans.
- recommending to the Council of Representatives for approval the appointments of undersecretaries of ministers, ambassadors, those who have special ranks; the army chief of staff, his deputies and those who are division leaders or higher; the head of the national intelligence service and the heads of the security apparatuses.
- negotiating treaties and international agreements and signing them or designating someone to sign.
- The president of the republic becomes the acting Prime Minister when the position is empty for any reason.
- The president of the republic must name another candidate to form the Cabinet within a period that does not exceed 15 days and in accordance with the provisions of Article 74 in this constitution.
Article (80): The salaries and allowances of the Prime Minister
and the ministers and those at their rank shall be fixed by law.
Article (81): The responsibility of the Prime Minister
and the ministers before the Council of Representatives shall be collective and personal.
1st -- The work of the security apparatuses and the intelligence service shall be fixed by law; their duties and powers shall be specified and they shall work according to the principles of human rights and shall be subjected to the supervision of the Council of Representatives.
2nd -- The national intelligence service is tied to the Cabinet.
Article (83): The Cabinet shall lay down a system of internal rules to regulate its work.
Article (84): The forming of ministries and their functions and responsibilities and the powers of the minister shall be regulated by law.
PART THREE: THE JUDICIARY
Article (85): The judiciary
is independent and will be represented by courts of different kinds and levels, and they will issue their rulings according to law.
Article (86): Judge
s are independent, with no authority over them in their rulings except the law. No authority can interfere in the judiciary or in the affairs of justice.
Article (87): The federal judiciary will include the Supreme Judiciary Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor
's Office, the Judiciary Inspection Department and other federal courts that are organized by law.
FIRST: The Supreme Judiciary Council
Article (88): The Supreme Judiciary Council will administer judicial affairs in accordance with the law.
Article (89): The Supreme Judiciary Council will exercise the following powers:
- administering and supervising the federal judiciary system.
- nominating the head and members of the Supreme Federal Court and presenting their names to parliament for approval.
- nominating the head of the Federal Cassation Court, the chief prosecutor and the head of the Judiciary Inspection Department, and presenting them to parliament for approval.
- proposing the annual budget for the federal judiciary system and presenting it to parliament for approval.
SECOND: The Supreme Federal Court
1st -- The Supreme Federal Court is an independent judicial body, financially and administratively, its work and its duties will be defined by law.
2nd -- The Supreme Federal Court will be made up of a number of judges and experts in Sharia
(Islamic Law) and law, whose number and manner of selection (work) will be defined by a law that should be passed by two-thirds of the parliament members.
Article (91): The Supreme Federal Court will have the following duties:
- overseeing the constitutionality of the laws and standing regulations.
- interpreting the text of the constitution.
- ruling in cases that emerge from the implementation of federal laws and decisions, rules, instructions and measures taken by federal authority. The law guarantees the right of the Cabinet and people concerned as well as others the right to appeal directly in the court.
- ruling in disputes between the federal government and the governments of the regions and the provinces and local administrations.
- ruling in disputes between the governments of the regions or provinces.
- ruling in accusations against the president of the republic, the prime minister and the ministers shall be regulated by law.
- endorsing the final results of parliamentary general elections.
- ruling in disputes among federal judiciary and regional judicial authorities and the provinces that are not part of a region.
- ruling in disputes between regional authorities and provinces that are not part of a region.
Article (92): Resolution
s of the Supreme Federal Court are binding for all authorities.
THIRD: General Provisions:
Article (93): Establishing private or exceptional courts is forbidden.
Article (94): The law shall regulate the establishment of courts
, their kinds, degrees, duties and the means of appointing judges, members of the General Prosecutor
s Office, the provisions for disciplining them and moving them into retirement
Article (95): Judges shall not be impeach
ed except in the cases determined by law; the law will also specify the rules pertaining to them and regulate disciplinary actions against them.
Article (96): It is forbidden for a judge or a member of the prosecution
- simultaneously hold a judicial position and a legislative or executive position or any other job.
- belong to any party or political organization or engage in any political activity.
Article (97): The military judiciary
shall be fixed by law and the responsibilities of the military courts, which are limited to crimes with a military nature committed by members of the armed forces and security forces, shall be specified within the limits of the law.
Article (98): It is forbidden to legislate into a law provisions protecting any administrative action or decision from being challenged in court.
Article (99): It is permissible by law to establish a state council to handle the tasks of the administrative judiciary, advising, phrasing, representing the state and all other public associations in front of the judiciary, except what the law exempts.
PART FOUR: INDEPENDENT ASSOCIATIONS
Article (100): The Supreme Commission for Human Rights and the Supreme Independent Commission for Elections and the Integrity Agency are considered independent associations subject to the supervision of the Council of Representatives. Their work is regulated by law.
- The Iraqi Central Bank, the Financial Inspection Office, the media and communications agency, and the offices of (religious) endowments are considered financially and administratively independent associations. Each of their activities is regulated by law.
- The Iraqi central bank is responsible before the Council of Representatives, and the Financial Inspection Office and the media and communications agency are tied to the Council of Representatives.
- Offices of endowments are affiliated to the Cabinet
Article (102): An agency shall be established called the Institution of the Martyrs
, affiliated to the Cabinet, and its operations and powers will be regulated by law.
Article (103): A public agency will be founded to guarantee the right of the regions and of provinces that do not belong to a region to fair participation in the administration of the various federal state institutions, missions, fellowships, delegations and regional and international conferences. It shall be made up of representatives of the federal government, regions and provinces that do not belong to a region, and it shall be regulated by law.
Article (104): A general body shall be established by law to monitor and allocate federal incomes; the body shall consist of experts from the federal government, the regions and the provinces and representatives from them. It should shoulder the following responsibilities:
- verifying fairness in distribution of international grants, aid and loans based on what the regions and the provinces that do not belong to a region deserve.
- ensuring that federal financial resources are being used and distributed in the best way.
- ensuring transparency and justice when allocating money to the regional governments and provinces according to the decided ratios.
Article (105): A council
, to be called the federal public service council, shall be established and it shall be responsible for regulating the affairs of the federal public office, including appointments and promotions. Its formation and responsibilities shall be regulated by a law.
Article (106): It is allowed to establish other independent associations according to need and necessity and by law.
CHAPTER FOUR: POWERS OF THE FEDERAL AUTHORITIES
Article (107): The federal authority will maintain the unity of Iraq, its integrity, independence, sovereignty and its democratic federal system.
Article (108): The federal authorities will have the following exclusive powers:
- drawing up foreign policy, diplomatic representation, negotiating international accords and agreements, negotiating and signing debt agreements, drawing up foreign sovereign economic and trade policies.
- drawing up and executing national defense policy including setting up and operating the armed forces to ensure the protection and security of Iraq's borders and its defense.
- drawing up financial and customs policy, issuing currency, organizing trade policy among regions and provinces in Iraq, setting the general budget for the nation, drawing up currency policies and establishing and administering a central bank.
- organizing issues of weights and measures.
- organizing issues of nationality and naturalization, residence and asylum rights.
- organizing a policy of broadcast wavelengths and the mail.
- setting the general and investment budgets.
- planning policies connected to water resources from outside Iraq and guaranteeing levels of water flow into Iraq, according to international law and custom.
- conducting the general census of the population.
Article (109): Oil
is the property of all the Iraqi people in all the regions and provinces.
- The federal government will administer oil and gas extracted from current fields in cooperation with the governments of the producing regions and provinces on condition that the revenues will be distributed fairly in a manner compatible with the demographical distribution all over the country. A quota should be defined for a specified time for affected regions that were deprived in an unfair way by the former regime or later on, in a way to ensure balanced development in different parts of the country. This should be regulated by law.
- The federal government and the governments of the producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth to bring the greatest benefit for the Iraqi people, relying on the most modern techniques of market principles and encouraging investment.
Article (111): The following duties will be shared by the federal and regional authorities:
- administering and organizing customs, in coordination with the regional governments and the provinces that didn't make it into a region, and this will be regulated by law.
- organizing and distributing the main electrical power resources.
- drawing up environmental policy to guarantee the protection of the environment from pollution and the preservation of its cleanliness, in cooperation with the regions and the provinces that didn't make it into a region.
- drawing up general planning and development policies.
- drawing up general health policy, in cooperation with the regions and the provinces that didn't make it into a region.
- drawing up general education and childrearing policy, in consultation with the regions (and the provinces that didn't make it into a region.
- drawing up the general water resources policy and organizing it in a way that would guarantee equitable distribution and this will be regulated by law.
Article (112): All that is not written in the exclusive powers of the federal authorities is in the authority of the regions. In other powers shared between the federal government and the regions, the priority will be given to the region's law in case of dispute.
Continued at Constitution of Iraq: Chapters V-VI