Volume 04 Issue 10-2024
265
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The legal status of the First Deputy Speaker of the Iraqi Council of Representatives, or as it is called (member of the
Presidency), is considered one of the essential sovereign positions in the structure of the government system due to
its impact on decision-making, whether in the legislative, administrative or even political aspects. Despite this, the
texts regulating this position were ambiguous and unclear, in addition to the lack of a unified direction in the directions
of the Federal Supreme Court in this direction. Also, defining the tasks and duties of the First Deputy Speaker of the
Council of Representatives is essential, especially in cases where the presence of the president is impossible, as he is
the one who replaces him in this case.
The lack of studies in this aspect also made us search for it to clarify the tasks and duties of this crucial sovereign
position. Therefore, we studied the legal status of the First Deputy Speaker of the House of Representatives in terms
of the conditions for nomination and election and his role in the legislative and administrative aspects of the House of
Representatives. Then, we provided a set of results and recommendations that will benefit researchers in the field of
specialization.
KEYWORDS
Legal Status, Iraqi Council of Representatives.
Research Article
THE LEGAL STATUS OF THE FIRST DEPUTY SPEAKER OF THE IRAQI
COUNCIL OF REPRESENTATIVES
Submission Date:
October 11, 2024,
Accepted Date:
October 16, 2024,
Published Date:
October 21, 2024
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume04Issue10-20
Dr. Haider Rasool Mohsen Al-Kaabi
Technical Institute-Najaf, Al-Furat Al-Awsat University, Iraq
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 10-2024
266
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
INTRODUCTION
The 2005 effective Constitution of the Republic of Iraq
adopted the parliamentary system and stipulated the
powers of each authority, including the legislative
authority, which consists of two chambers: the House
of Representatives and the Council of the Federation.
The Iraqi legislator determined the powers of the
House of Representatives.
Then, the amended Iraqi Council of Representatives
Law No. 13 of 2018 and the internal regulations of the
Iraqi Council of Representatives No. 9 of 2020 were
issued, according to which the legal status of the
Deputy Speaker of the Council was determined,
whether he is a member of the Council's Presidency or
the powers assigned to him exclusively The importance
of this research is to determine the legal status of the
First Deputy Speaker of the House of Representatives
due to the role the legislator gave him in conducting
the Council's work. Indeed, there are powers that
cannot be effective without his presence, so the
importance stems from clarifying these powers
contained in the Law. The problem of the research is to
draw the limits by which the First Deputy Speaker of
the House of Representatives exercises his powers due
to the lack of studies in this field, by the Iraqi
Constitution and the bylaws, according to a plan that
begins with an introduction and ends with a conclusion
that includes the most important results we have
reached, interspersed with two requirements. In the
first requirement, we addressed the legal organization
of the position
—
the First Deputy Speaker of the Iraqi
Council of Representatives. As for the second demand,
we discussed the powers of the First Deputy Speaker
of the Iraqi Council of Representatives. We will
examine this study according to the descriptive,
inductive approach by depicting the current situation
and determining the relationship between phenomena
and trends, which we will examine in this study.
The Constitution of the Republic of Iraq, in force in
2005, adopted the parliamentary system and
stipulated the competencies of each authority,
including the legislative authority, which consists of
two chambers, the Council of Representatives and the
Federation Council. The Iraqi legislator specified the
competencies of the Council of Representatives.
After
that,
the
amended
Iraqi
Council
of
Representatives Law No. 13 of 2018 and the internal
regulations of the Iraqi Council of Representatives No.
9 of 2020 were issued, according to which the legal
status of the Deputy Speaker of the Council was
determined, or as he was called (member of the
Presidency), whether he was a member of the
Presidency of the Council or the powers entrusted to
him exclusively.
This research is important because it determines the
legal status of the First Deputy Speaker of the House of
Volume 04 Issue 10-2024
267
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Representatives. The legislator plays a role in
conducting the work of the Council through the
competencies entrusted to him. Still, some terms of
reference can not be practical only with his presence,
so the importance stems from the statement of these
competencies contained in the Law.
The problem of research is to draw the boundaries by
which the First Deputy Speaker of the House of
Representatives exercises his powers for the lack of
studies in this area by the provisions of the Iraqi
Constitution and the rules of procedure by a plan that
begins with an introduction and ends with a
conclusion, including the most important results we
have reached, interspersed with two requirements
that we dealt with in the first requirement the legal
organization of the position of the First Deputy
Speaker of the Iraqi Council of Representatives, while
the second requirement dealt with the terms of
reference of the First Deputy Speaker of the Council of
Representatives.
We will examine this study using the descriptive
inductive approach to depict the current situation and
determine the relationship between phenomena and
trends, which we will discuss in this study.
First Requirement
Legal regulation of the position of First Deputy Speaker
of the Iraqi Council of Representatives
The Iraqi laws in this regard have indicated that every
Iraqi has the full right to
To nominate himself for membership of the Iraqi
Council of Representatives if he meets several
conditions and to indicate these.
Conditions We will deal with this requirement in two
sections. The first section deals with the general
conditions for membership in the Iraqi Council of
Representatives, and the second section deals with the
role of the First Deputy Speaker of the Council of
Representatives in parliamentary committees.
First Section
General conditions for membership in the Iraqi Council
of Representatives and conditions for the election of
the First Deputy Speaker of the Council of
Representatives
The conditions to be met by a member of the House of
Representatives are regulated in the Constitution and
electoral laws. However, the constitutions differed in
this matter, as most constitutions referred to an
organic law that determines the number of deputies,
the election method, and the membership conditions.
Article (49 / II and III) of the Constitution of the
Republic of Iraq for 2005 stipulates (Second: The
candidate for membership of the Council of
Representatives must be a fully qualified Iraqi. Third:
The conditions of the candidate and the voter and
Volume 04 Issue 10-2024
268
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
everything related to the elections shall be regulated
by Law)
Article (8) of the Iraqi Council of Representatives
Elections Law No. (9 of 2020), as amended, also
stipulates the conditions that must be met by the
candidate for membership of the Council of
Representatives, which is the age of completing (28)
years and the certificate that he holds a preparatory
certificate or its equivalent, and that he is a resident of
the province and is not convicted of a felony or
misdemeanor involving moral turpitude, or cases of
administrative or financial corruption, and is not
covered by accountability and justice procedures, and
that he is not a member of the armed forces or security
institutions. Or from the judges in service or members
of the Board of Commissioners of the High Commission
for the current and previous session or from its
employees who continue to serve.
Therefore, each candidate for membership of the
Council must meet the conditions of the voter
(nationality, age, registration in the voter register, and
full eligibility), which are the same conditions that are
required in the candidate for membership of the House
of Representative as follows:
First: Nationality:
The right to nominate for parliaments and other
political rights is limited to citizens who only enjoy the
state's nationality without foreigners. It is noted that
some countries resort to discrimination between the
original national and the national by naturalization and
do not recognize these rights unless the person is a
citizen of the state who holds their nationality.
Therefore, we find that the Constitution of the
Republic of Iraq for the year 2005 in force in (Article
49/II) indicated that the candidate for membership of
the House of Representatives must be Iraqi. Therefore,
foreigners do not have the right to nominate for
membership in the House of Representatives and
obtain a seat in the Council, no matter how long their
stay is, because they do not hold the nationality of the
state.
Second / Age:
It is the case in which the citizen can exercise his
political rights (the age of the political majority) to
distinguish him from the civil majority. Most political
systems require the citizen to reach a certain age to
exercise political rights, including candidacy for
parliaments, except the monarchy. The Iraqi Election
Law stipulates that a candidate for membership of the
Council of Representatives must be 28 years old on
polling day. Since the Iraqi legislator did not specify the
age required for candidacy for the presidency of the
Council, so every member of the Council has the right
to nominate for the presidency, whatever his age, and
that the age set by the Iraqi legislator is considered an
appropriate age to assume responsibility and duties,
whether legislative or supervisory responsibilities and
Volume 04 Issue 10-2024
269
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
this condition does not prejudice the principle of
equality in candidacy.
Third: Registration in the voter register:
The candidate must meet the same conditions as the
voter and according to the rule (every candidate is a
voter, and not every voter is a candidate).
Concerning (Article (6) of the Elections Law No. 16 of
2005, as amended, stipulates that he must be a voter.
Registration in the voter register is essential for the
House of Representatives candidacy.
A candidate for membership in the House of
Representatives must be registered in the voter
register to be eligible to run for membership in the
House under the provisions, regulations, and
procedures issued by the Commission and must have
an electronic voter card.
Fourth: Perfection of eligibility:
The Constitution of the Republic of Iraq for 2005 states
in (Article 49 / II) that the candidate for membership of
the Council of Representatives must be fully
competent. It means the perfection of mental and
moral capacity. Mental capacity means attaining the
age of majority by a person who entitles the owner to
direct all legal actions that entail rights for him, and he
has an obligation, provided that he has mental powers
and is not detained.
The Iraqi Constitution of 2005 indicated the mechanism
for electing the Speaker of the Council of
Representatives and his two deputies, as it stipulated
(The President of the Republic invites the Council of
Representatives to convene by presidential decree
within fifteen days from the date of ratification of the
results of the general elections. The session shall be
held under the chairmanship of the oldest member to
elect the Speaker of the Council and his two deputies,
and it is not permissible to extend for more than the
period above).
It also stipulates that (the House of Representatives
shall elect in its first session a president, then a first
deputy, and a second deputy. By the absolute majority
of the number of members of the Council by direct
secret election). By absolute majority, we mean two-
thirds of the votes of the members of the Council,
which are adopted by the most important matters and
decisions, as well as we mean direct secret election is a
term that describes the system of selection of political
office holders, where voters vote directly to choose
the person, persons or political party who wish to
assume political office, which is one of the most
common systems used.
The First Deputy of the House of Representatives is
chosen based on several factors such as party
affiliation, political experience, support from members
of the House, his ability to lead the organization of
sessions, his understanding of parliamentary laws and
Volume 04 Issue 10-2024
270
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
procedures, in addition to his ability to communicate
with the rest of the members of the House and deal
effectively with the media, represent the Council with
dignity and competence in foreign relations, according
to his previous experience in the field of politics, and
commitment to the principles of democracy and
human rights.
The Constitution of the Republic of Iraq of 2005 and the
amended Iraqi Council of Representatives Elections
Law No. 9 of 2020 did not require the candidate for the
presidency of the Council or for the position of First
Deputy to meet certain or special conditions that differ
from the conditions of candidates for membership of
the Council of Representatives, but rather they are the
same conditions. The constitution did not stipulate
only two conditions included in Article 49 / II of the
constitution, namely (to be Iraqi and fully competent).
In contrast, the rest of the conditions have been
referred to the Law for the purpose of organizing
them.
As for what is meant by Iraqi, Article 18 / II of the
Constitution stipulates that (someone born to an Iraqi
father and an Iraqi mother, Law regulates this) based
on that, the Iraqi Nationality Law No. (26) of 2006 was
issued, which indicated who is Iraqi. He assumes a high
sovereign position because his loyalty is dual, and the
interest of the country of Iraq may conflict with the
interest of the other country of which he is a citizen.
The legislator did not define sovereign positions by
Law. The Presidency of the House of Representatives
is considered one of the essential sovereign positions,
and the president nominated for this position or
nominated for the position of First Vice President must
renounce foreign nationality, whether original or
acquired, before assuming the office. The candidate
for this position was also required to have mental
strength and a sound mental and psychological state
that enables him to realize things correctly.
Section Two
The role of the First Deputy Speaker of the House of
Representatives in parliamentary committees
The First Deputy Speaker of the House of
Representatives is generally a high-level position in the
structure of the legislature. He works to ensure respect
for the rules of procedure of the House. In some
circumstances, the First Deputy can represent the
Speaker and direct discussions and debates when
necessary. In addition, the First Deputy Speaker of the
House of Representatives is a prominent figure in
political life and enjoys the confidence of deputies and
other officials in Parliament. Occupying this position
requires high administrative skills and the ability to
communicate and resolve disputes between members,
as it is represented in several things, including the
responsibility of preparing the agenda of the
committees, organizing their sessions, directing the
members of the committees, and facilitating the
Volume 04 Issue 10-2024
271
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
effective workflow, as the First Deputy Speaker of the
House of Representatives is committed to discussing
the members of the House of Representatives and the
decisions they take with the provisions of the
Constitution and the House of Representatives Law
No. 13 of 2018.
It also organizes with the Speaker of the Council and
the Second Deputy Speaker of the Council the agenda
of the committees in coordination with the Chairman
of the concerned committee or their representatives
from the committees for the sessions of the House of
Representatives and distributed to the members, the
President of the Republic and members of the Council
of Ministers, accompanied by draft laws and reports
placed for discussion, taking into account the priority
of including draft laws submitted by the government.
As well as ratifying the minutes of the previous session
of the House of Representatives. It also decides on the
conflict of competence between committees about
the issues referred to. It has the right to assign one of
the parliamentary committees to study a specific topic.
The role of the First Deputy Speaker of the Council of
Representatives
in
managing
parliamentary
committees is that the workflow within the
committees reflects the composition of membership in
the permanent committees of the various forces and
parties represented in the Legislative Council as a
whole. For example, the principle of party balance
governs distributing committee membership. This rule
stipulates that the composition of parliamentary
committees must be consistent with the electoral
support each party enjoys. It is worth noting that the
chairmanship and membership of committees in the
Iraqi Council of Representatives are subject to the
principle of quotas, as Articles (72, 73, 74) of the
Internal Regulations of the Council of Representatives
No. (1) of 2022 specified the method of forming these
committees, the number of their members, their
chairpersons, and their deputies, and gave each
representative the right to nominate himself for any
committee and belong to it, provided that the number
of members does not exceed (21) members and is not
less than (7) members. The Internal Regulations of the
Iraqi Council of Representatives also stipulate that
each committee shall elect, within ten working days
following the beginning of its formation, from among
its members, a chairman, a vice chairman, and a second
vice chairman by an absolute majority of the total
number of members. For committee members.
It is worth noting that the Federal Supreme Court went
in its decision No. 87/Federal/2010 issued on 2/12/2010
that (there is no constitutional text that stipulates the
existence of a presidium of the House of
Representatives and that the Constitution defined the
exclusive competencies of the Speaker of the Council).
It is clear from the decision of the court above that it
violates the rules of a broad interpretation of the
constitution; the constitutional rules according to the
Volume 04 Issue 10-2024
272
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
objective criterion are not limited to the provisions of
the constitution only but also go beyond it to all the
laws that regulate the work of the authorities and their
relations among themselves, and as long as the
internal system of the Iraqi Council of Representatives
has considered the Presidency of the Council of
Representatives one of the organs of the Council of
Representatives and specialized in many texts, so what
the Federal Court went to the right side in this
direction. We, in turn, call on the Federal Supreme
Court to reverse its opinion on the decision mentioned
above for inconsistency with the provisions of the
Constitution on the one hand. On the other hand, some
powers can only be exercised by the Presidency, which
is carried out jointly with the President of the Council,
and among what the Constitution wanted for this
orientation is the position in the event of a vacancy of
the position of the Speaker of the House of
Representatives, so how is it dealt with in the absence
of a Presidency of the Council, which we will show later
and according to the direction of The Federal Supreme
Court itself.
Second Requirement
Competences of the First Deputy Speaker of the House
of Representatives
In this requirement, we will deal with the powers and
competencies of the First Deputy Speaker of the Iraqi
Council of Representatives in two sections, the first of
which deals with legislative powers. At the same time,
the second has the administrative powers of the First
Deputy Speaker of the Council of Representatives.
First Deputy Speaker of the House of Representatives
Legislative Powers
The Speaker of the House of Representatives shall
refer the draft laws submitted by the executive
authority to the competent committees for study
before presenting them to the House for discussion,
provided that this is in the presence of a representative
of the committee submitting the draft. Therefore, it is
necessary to clarify the role of the First Deputy Speaker
of the House of Representatives in legislation, which
we will show. As the First Vice President enjoys
legislative powers shared with the rest of the
Presidency members, there are exclusive legislative
powers for this position.
First: The joint competencies of the First Deputy
Speaker of the House of Representatives.
The constitution is defined as a set of legal rules that
regulate the exercise and formation of powers,
guarantee rights and freedoms, and work to create a
degree of solidarity or harmony between the exercise
of power and the enjoyment of rights and liberties.
Parliamentary systems are based on cooperation and
balance between the legislative and executive
authorities, and the features of this cooperation and
balance appear through what the constitution grants
Volume 04 Issue 10-2024
273
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
to each of the two authorities in terms of
manifestations of influence and overlap between each
authority
versus
the
other
authority.
The
manifestations of the influence of the legislative
authority on the executive authority are represented in
the right of members of Parliament to direct questions
and interpellation to the government and the right of
Parliament to form parliamentary committees to
monitor the work of the government. The role of the
internal regulations of Parliament comes to share a
large part of this function with the constitution, as it
undertakes the internal organization of one of the
three most important authorities, the legislative
authority. The internal regulations of the Parliament
include the rules related to the formation and powers
of its central bodies, how the Parliament and its bodies
perform the legislative and oversight function, and the
means necessary to carry it out. These internal
regulations organize the powers of the Parliament,
including the powers enjoyed by the two deputy
speakers of the Council of Representatives as
members of the Presidency of the Council of
Representatives, which they exercise in conjunction
with the Presidency. These powers or tasks are
stipulated in Article (9) of the internal regulations of
the Iraqi Council of Representatives, in addition to
other powers included in various articles of this
system. These powers include organizing the agenda in
coordination with the head of the relevant committee
or their representatives from the committees for the
sessions of the Council of Representatives, to
distribute it to the members, the President of the
Republic, and members of the Council of Ministers,
attaching to it draft and proposed laws and reports
submitted for discussion, taking into account the
priority of including draft laws submitted by the
government that the relevant committees have
completed their study, as well as critical current topics,
at least two days before the session is held unless the
constitution stipulates other periods. Also, the minutes
of the previous session of the Council of
Representatives should be approved, and the rules for
organizing the minutes should be set. The Presidency
of the House of Representatives also has the right to
decide on conflicts of jurisdiction between committees
regarding issues referred to it, prepare the Council’s
work plan and its administrative formations, follow up
on their implementation after approval, approve the
organizational structure of the Council’s office and
amend it, draw up the financial and administrative
policy, and inform the Council members of that. The
Presidency also organizes the Council’s annual budget
and presents it to the Council for approval, supervises
its implementation, transfers between its chapters,
assigns a committee to a specific topic, organizes the
relationship of the House of Representatives with the
Presidency Council (President of the Republic), the
Council of Ministers, and the judiciary, organizes the
relationship of the House of Representatives with the
legislative councils in the regions and governorates not
Volume 04 Issue 10-2024
274
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
organized in an area, and the relationship with the
councils and parliaments in sister and friendly countries
and the parliamentary unions associated with them.
Among the expected competencies of the Presidency
is the nomination of rapporteurs from among the
members of the Council
They also consult with the heads of parliamentary
blocs to make decisions related to the dispatch of
members of the presidency and members of the House
of Representatives inside and outside Iraq. They
supervise the presidency of the research department
and ensure its neutrality.
Miscellaneous articles of the rules of procedure of the
Iraqi Council of Representatives stipulate the terms of
reference of the Presidency of the Council of
Representatives, including those related to repeated
absences by a member of the Council of
Representatives without excuse five consecutive times
or ten non-consecutive times during the annual
session, to send a warning to the absent member to
commit to attending. In the event of non-compliance
with the Presidency, the matter shall be presented to
the Council at the request of the Commission.
The Presidency also prepares a schedule for the House
of Representatives' weekly work. After consulting with
the heads of parliamentary blocs, the Presidency may
issue statements on behalf of the House of
Representatives
on
important
issues
and
developments that it deems necessary.
The Presidency also presents the names of the
nominated members of each of the standing
committees to the House of Representatives for voting
in a single list to be agreed upon by the parliamentary
blocs, and the Presidency also presents the
committees' recommendations on the statements of
ministers to the House of Representatives.
Article (10) of the rules of procedure of the Iraqi
Council of Representatives stipulates that it gives him
the authority of the Speaker of the Council of
Representatives or the two deputies collectively to
invite the Presidency to periodic meetings. He or they
may collectively invite the Commission to emergency
meetings, and the meeting shall be valid in the
presence of the majority of the Commission.
Second: The exclusive powers of the First Deputy
Speaker of the House of Representatives.
The First Deputy Speaker of the Council of
Representatives has exclusive competencies brought
by the rules of procedure of the Iraqi Council of
Representatives. The Iraqi Council of Representatives
has followed the comparative regulations in the
presence of Vice-Presidents of the Council and
determined their powers, as the Iraqi Council of
Representatives rules of procedure stipulated in Article
Volume 04 Issue 10-2024
275
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
(35) thereof (First: The First Deputy exercises the
following functions.
A- Perform the duties of the Chairman of the Council in
the absence or inability to perform those tasks
B- Follow up the work of the standing committees and
submit reports thereon as agreed upon between the
Chairman of the Council and his two deputies
C- Chairing the joint meetings of the Standing
Committees of the Council
The Iraqi constitution in force did not address the issue
of the vacancy of the position of the Speaker of the
Council of Representatives or how to elect a
replacement for him or the position of one of his
deputies in the event of a vacancy in one of these
positions for any reason. However, the rules of
procedure dealt with these cases in Article (12) thereof,
which indicates that although it dealt with the specific
time that the Council must elect the replacement, it did
not address the case of failure of the Council to elect a
new president in the first meeting held by the Council
after the vacancy of the position, and does the Council
continue its tasks without a president or does it have
to elect a president?
By extrapolating the text of Article (55) of the
Constitution of the Republic of Iraq for the year 2005,
which provides for the election of the House of
Representatives in its first session as Speaker of the
Council and a deputy by the absolute majority of the
number of members of the Council by direct secret
election, as its rule is limited to the case of the start of
the term of the electoral cycle of the House of
Representatives.
Referring to the direction of the Federal Supreme
Court, it finds that the Constitution of the Republic of
Iraq in force did not include a text dealing with how to
elect a new speaker of the House of Representatives
or his deputies during the period of the electoral cycle
if the position is vacant for any reason, and the Court
has confirmed that if the House of Representatives
begins the procedures for electing a president in the
first session that followed the vacancy of the position,
it has fulfilled the requirements of (paragraph III) of
Article (12) of the rules of procedure of the House of
Representatives, whether approved in those The
session or not succeeded, reasoning that it is
constitutionally unreasonable for the Council to
suspend its sessions just because of the vacancy of the
office to elect a new president, as it must continue in
its sessions not to perform the tasks stipulated in the
Constitution and in the rules of procedure and its
sessions are held under the chairmanship of one of the
deputies in accordance with the laws of procedure of
the House of Representatives. Here, the role of the
First Deputy Speaker of the House of Representatives
in managing the sessions and filling the vacancy for this
critical position emerges.
Volume 04 Issue 10-2024
276
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
There are also scattered articles that gave powers to
the Deputy Speakers of the House of Representatives,
including referring the ministerial curriculum to a
special committee headed by one of the two Vice-
Presidents of the Council to prepare a report submitted
to the Council before voting on it. It has been
customary in the House of Representatives that the
first deputy is the head of the committee to prepare
the report on that curriculum.
It is noteworthy that the rules of procedure of the Iraqi
Council of Representatives showed in Article (12)
paragraph (first/second) the case of resignation from
the position of membership of the Presidency after the
approval of the Council by a majority of the number of
members present from the Council. The case of
dismissal of a member of the Presidency by the Council
of Representatives by the Law did not show the
mechanism for dismissal in the rules of procedure. It
was more appropriate that the rules of procedure
contain how to end the position of the two deputy
speakers of the House of Representatives as well as
the President because of its great importance and
essential role in the work of The Council and that the
rules of procedure are the first to regulate such topics.
Section Two
Administrative powers of the First Deputy Speaker of
the Iraqi Council of Representatives
Although parliaments are councils for deliberating
discussions, these bodies have administrative aspects
as large institutions and must have administrative
support from employees who help them accomplish
their constitutional tasks. This means that there is an
administrative organization of the House of
Representatives for which the President of the House
or the Presidency is responsible.
The First Deputy Speaker of the House of
Representatives enjoys many powers. As stipulated by
Law, the powers enjoyed by the speakers of
parliaments vary from one country to another
according to the tired traditions and powers granted to
him under the Constitution and the rules of procedure
of the Council.
In Iraq, the Deputy Speaker of the House of
Representatives exercises many tasks, as the Speaker
of the Council represents him and speaks on his behalf.
The House of Representatives elects a Speaker of the
Council with two deputies to assist him in performing
his duties or temporarily replacing the Speaker of the
Council if the Speaker of the Council cannot do his
work. The First Deputy Speaker of the Council of
Representatives in Iraq assumes the functions of the
Speaker of the Council in his absence or inability to
perform those tasks, as well as following up the work
of the standing committees and submitting reports
thereon by what was agreed upon in the Presidency
Volume 04 Issue 10-2024
277
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
and chairing the joint meetings of the standing
committees in the Council.
The Ethnic House of Representatives Law No. (13) of
2018, as amended, stipulates (First: The President, in
agreement with his deputies and with the approval of
the Council, shall issue instructions specifying:
1- What is allocated to the president, his deputy, and
deputies to enable them to perform their legislative,
oversight, and representative functions
2. Allowances received by employees
Second: The teachings referred to in the first about the
nominal salaries of those covered by the provisions of
this Law shall be bound by the nominal salary ceiling
granted to their peers in the Council of Ministers and
the Presidency of the Council of Ministers.
Here came the role of the First Deputy Speaker of the
House of Representatives in administrative matters as
a pillar in the process of issuing instructions, as the
issuance of these instructions is by consensus in the
Presidency and the approval of the House of
Representatives.
The appointment of staff in the House of
Representatives is by consensus between the
President and his two deputies.
The Law also stipulates that the president and each of
the deputy offices shall form and manage and staff
within the staff of the Council.
But the question that arises here is whether the First
Vice President can take legal measures to implement
the legislation in force in the details of administrative
work on employees and board formations. What
would the situation be if the Speaker of the Council
could not carry out his constitutional duties?
Here we say that Article (48) of the amended
influential House of Representatives Law settled this
issue by giving the Speaker of the House of
Representatives
the
authority
to
implement
everything related to the implementation of legislation
in force, whether exclusive to the House of
Representatives or general legislation governing
employees, either what was stipulated in the amended
House of Representatives Law in force, as well as the
internal regulations of the Iraqi Council of
Representatives to give powers, whether exclusive or
joint to the First Deputy Speaker of the House of
Representatives, exercised according to the Law, In
the event of exceeding the authority, the president has
the right to cancel this decision as it was contrary to the
Law and defective by the defect of jurisdiction.
If it is not possible to carry out the duties entrusted to
the President of the Council under the Constitution and
the Law in his absence and the inability to elect a new
Volume 04 Issue 10-2024
278
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
President of the Council according to the provisions of
the Constitution and the Law and according to what
has already been mentioned in this study, the decision
of the Federal Court stipulated that the Council
continues to perform its constitutional tasks, so the
work of the Council cannot depend on the election of
the President.
However, the decision referred to the assumption of
the presidency of the Council by one of the two
deputies. We believe that the exclusive powers
stipulated by the Constitution and the Law of the
Speaker of the House of Representatives, including the
exclusive
administrative
powers,
cannot
be
transferred to the deputy because they are exclusive
to the president's person. When he is absent for any
reason, it remains disabled until the absence
disappears and a new president of the Council is
elected with full powers.
This law deficiency must be avoided by amending it and
providing for the transfer of exclusive powers to the
first deputy in the president's absence without cause.
CONCLUSION
After we finished the research study (the legal status
of the First Deputy Speaker of the Iraqi Council of
Representatives) and reached essential results and
recommendations that contribute to the development
of the legislative system, we found it appropriate to
stand on the most critical results extracted and derived
from the aspects of the research, in addition to putting
forward the most essential recommendations related
to addressing the imbalance that may affect some
texts.
RESULTS
1- The Iraqi constitutional legislator stipulated the
election of two vice-presidents of the Iraqi Council of
Representatives according to direct secret polls. Thus,
it is in line with most of the legislation in this aspect due
to the importance of the position and the tasks
entrusted to it.
2
—
The Constitution did not specify the powers of the
Deputy Speakers of the House of Representatives or
even the President but left it to the rules of procedure
approved by the House of Representatives. Indeed,
the rules of procedure were issued, which defined the
powers of the President and deputies, including the
First Deputy Speaker of the House of Representatives.
3- Powers are given to the Deputy Speaker of the
House of Representatives as a member of the
Presidency of the House of Representatives, and there
are exclusive powers for the First Deputy.
4- The powers stipulated in the Internal Regulations of
the Iraqi House of Representatives No. 9 of 2020, as
well as the Iraqi House of Representatives Law No. 13
of 2018 amending the Presidency, are of great
importance because they express a collective and joint
Volume 04 Issue 10-2024
279
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
power in decision-making and were not given to the
Speaker of the House alone. The purpose was to
provide a more significant role to the Presidency in
decision-making to reach sound results.
5- The Internal Regulations of the House of
Representatives
and
the
Iraqi
House
of
Representatives Law did not stipulate the method of
dismissing the Speaker and the deputies, including the
First Deputy Speaker of the House, but rather sufficed
with organizing the resignation. It would have been
more appropriate to stipulate dismissal since these
positions are considered sovereign positions and are
not like members of the House. The work and
organization of the House are linked to them. 6- The
internal regulations of the Iraqi Council of
Representatives and the Council Law did not specify
the position if the position of the Speaker of the
Council of Representatives becomes vacant for any
reason, and what is the period during which the first
deputy must replace the president in this regard, with
clear and explicit texts. Therefore, the role of the
Federal Court did not link the work of the Council of
Representatives to the election of a president. Still,
work can continue with the presence of the first
deputy president until the election of a president for
the Council.
Recommendations
1- We recommend that the internal regulations of the
Iraqi Council of Representatives or the Council of
Representatives Law include an explicit text that
grants the powers of the Speaker of the Council of
Representatives if the position becomes vacant for any
reason to the first deputy speaker of the Council of
Representatives, especially when it is impossible to
choose a speaker of the Council of Representatives
within the period specified in the Law.
2-We recommend that Iraqi legislation stipulate the
method of dismissing the First Deputy Speaker of the
Council of Representatives, as is the case with the
resignation technique, but not the same method by
which the deputy is dismissed since these positions are
sovereign positions that must be surrounded by legal
guarantees that enhance the status of this critical
position.
3-We recommend that the nomination for the position
of First Deputy Speaker of the Council of
Representatives be from among the members of the
Council of Representatives who possess the conditions
for membership in the Council, in addition to another
round, such as being from among the forces with the
most votes in the Council and those with experience
and expertise in managing the Council and previous
membership, etc.
4- We recommend that there be a text in the legislation
that grants the Speaker of the Council the authority to
Volume 04 Issue 10-2024
280
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
delegate some of his powers to his deputies, including
the First Deputy Speaker of the Council, whether
administrative or otherwise.
REFERENCES
1-
See amended Article (8) of the Iraqi Parliament
Elections Law No. 9 of 2020.
2-
Ali Rahi Musa Al-Quraishi, Legislative Regulation of
the Resignation of the Speaker of the Council of
Representatives and His Deputies in the
Constitution of the Republic of Iraq 2005, p. 11.
3-
Dr. Saeed Youssef Al-Bustani, Nationality in the
Legislation of Arab Countries, Al-Halabi Legal
Publications, Beirut, 2003, p. 23.
4-
Ibtihal Karim Abdullah, Popular Referendum
(Comparative Study), Master's Thesis Submitted to
the College of Law, University of Babylon, 2003, p.
89.
5-
Article 8/First of the Iraqi Parliament Elections Law
No. (9) of 2020.
6-
Dr. Dawood Al-Baz, The Right to Participate in
Political Life, Dar Al-Nahda Al-Arabiya, Cairo, 2020,
p. 733.
7-
Dr. Saleh Jawad Al-Kadhim and Dr. Ali Ghaleb Al-
Ani, Political Systems, Al-Mansouri Library,
Baghdad, 1090, p. 28.
8-
Article (54) of the Constitution of the Republic of
Iraq for the year 2005.
9-
Article (55) of the Constitution of the Republic of
Iraq for the year 2005.
10-
Dr. Ali Hadi Hamidi, Contemporary Political
Systems, University of Babylon, College of Law, pp.
44, 45.
11-
Dr. Hamid Hanoun Khalid, Federal Authorities in
the Constitution of the Republic of Iraq for 2005,
Journal of Legal Sciences, College of Law,
University of Baghdad, Issue 1, 2009, p. 38.
12-
Article (2, 3, 4, 5) of Nationality Law No. 26 of 2006,
Iraqi Gazette, Issue 2019.
13-
Dr. Saleh Jawad Al-Kadhim, Political Systems, Al-
Mansouri Library, Baghdad, 1990, p. 28.
14-
Article (4) of the Iraqi Council of Representatives
Internal Regulations No. (1) of 2022.
15-
Article 9 First of the Internal Regulations
16-
Article 9/ Second of the Iraqi Council of
Representatives Internal Regulations No. 1 of 2022.
17-
Article 9/ Fourth / Eighth of the Iraqi Council of
Representatives Internal Regulations No. 1 of 2022.
18-
See the text of Article (128) of the Internal
Regulations of the Iraqi Council of Representatives
No. 1 of 2022.
19-
See the decision of the Federal Supreme Court No.
87/ Federal / 2010 issued on 12/2/2010.
20-
Dr. Musaddiq Adel, Constitutional Judiciary in Iraq,
an applied study of the role of the Federal Court in
monitoring the constitutionality of laws and
interpreting the texts of the Constitution of the
Republic of Iraq for the year 2005. Al-Sanhouri
Library, Beirut, 2017, pp. 130-131.
Volume 04 Issue 10-2024
281
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
21-
Dr. Adnan Ajil, Constitutional Law, General Theory
of the Constitutional System in Iraq, 2nd ed., 2013,
p. 67.
22-
Rashid Al-Madwar, Characteristics of Oversight of
the Constitutionality of Internal Regulations and its
Approach in Moroccan Application, a study
published in the Kuwaiti Journal of Law, Kuwait,
Issue 1, Year (32), p. 315.
23-
Dr. Suleiman Al-Tamawi, The Three Authorities in
Arab Constitutions and Islamic Political Thought - A
Comparative Study - 2nd ed., Dar Al-Fikr Al-Arabi,
Cairo, 1973, p. 458.
24-
For more, see the text of Article (9) of the Internal
Regulations of the Iraqi Council of Representatives
No. 1 of 2022.
25-
25 - See the decision of the Federal Supreme Court
No. 9 of 2009 issued on 2/5/2009 published in the
collection of rulings of the Federal Supreme Court
for the years 2008/2009, Volume II, April 2011, p. 20.
26-
26 - Article (49) of the internal regulations of the
Iraqi Council of Representatives No. 1 of 2022.
27-
27 - Ismail Fadhel Halwas, The legal nature of the
decisions of the Iraqi Council of Representatives - a
combined study - a doctoral thesis submitted to the
College of Law, University of Nahrain for 2015, p.
217.
28-
28 - Dr. Anwar Al-Khatib, Parliamentary Principles,
Beirut, Lebanon, without year of publication, p. 60.
29-
See the text of Article (64) of the Iraqi Council of
Representatives Law No. 13 of 2018, as amended.
30-
Article (53/First) of the Iraqi Council of
Representatives Law No. (13) of 2018 as amended.
31-
Article (49) of the Iraqi Council of Representatives
Law No. (13) of 2018 as amended.
Sources:
1-
Dr. Anwar Al-Khatib, Parliamentary Principles,
Beirut, Lebanon, without publication year.
2-
Dr. Adnan Ajil, Constitutional Law, General Theory
of the Constitutional System in Iraq, 2nd ed., 2013.
3-
Dr. Ali Hadi Hamidi Al-Shakrawi, Contemporary
Political Systems, University of Babylon, College of
Law.
4-
Ali Rahi Musa Al-Quraishi, Legislative Organization
for the Resignation of the Speaker of the Council of
Representatives and His Deputies in the
Constitution of the Republic of Iraq 2005.
5-
Dr. Dawood Al-Baz, The Right to Participate in
Political Life, Dar Al-Nahda Al-Arabiya, Cairo, 2020.
6-
Dr. Saleh Jawad Al-Kadhim and Dr. Ali Ghaleb Al-
Ani, Political Systems, Legal Library, Baghdad, 1991.
7-
Dr. Saeed Yousef Al-Bustani, Nationality in the
Legislation of Arab Countries, Al-Halabi Legal
Publications, Beirut, 2003.
8-
Dr. Suleiman Al-Tamawi, The Three Authorities in
Arab Constitutions and Islamic Political Thought - A
Comparative Study - 2nd ed., Dar Al-Fikr Al-Arabi,
Cairo, 1973.
9-
Dr. Musaddiq Adel, Constitutional Judiciary in Iraq,
An Applied Study of the Role of the Federal Courts
Volume 04 Issue 10-2024
282
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
10
P
AGES
:
265-282
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
in Supervising the Constitutionality of Laws and
Interpreting the Texts of the Constitution of the
Republic of Iraq for the Year 2005. Al-Sanhouri
Library, Beirut, 2017.
Theses and Dissertations:
1-
Ibtihal Karim Abdullah, Popular Referendum
(Comparative Study), Master's Thesis submitted to
the College of Law, University of Babylon, 2003.
2-
Ismail Fadhel Halwas, The Legal Nature of the
Decisions of the Iraqi Council of Representatives -
A Coupled Study - A PhD Thesis Submitted to the
College of Law, University of Nahrain for the Year
2015.
Journals and Periodicals:
1-
Dr. Hamid Hanoun Khalid, Federal Authorities in
the Constitution of the Republic of Iraq for the Year
2005, Journal of Legal Sciences, College of Law,
University of Baghdad, Issue 1, 2009.
2-
Rashid Al-Madwar, Characteristics of Oversight of
the Constitutionality of Internal Regulations and Its
Approach in Moroccan Application, a Research
Published in the Kuwaiti Law Journal, Kuwait, Issue
1, Year (32).
Laws and Decisions:
1-
Constitution of the Republic of Iraq for the Year
2005.
2-
Iraqi Nationality Law No. 26 of 2006, Published in
the Iraqi Gazette in Issue 2019.
3-
Iraqi Council of Representatives Elections Law No.
(9) of 2020.
4-
Iraqi Council of Representatives Law No. 13 of 2018
as amended.
5-
Internal regulations of the Council
6-
See Federal Supreme Court Decision No. 9 of 2009
issued on 2/5/2009 and published in the collection
of rulings of the Federal Supreme Court for the
years 2008/2009, Volume Two, April 2011.
7-
Federal Supreme Court No. 87/Federal/2010 issued
on 12/2/2010 published in the collection of rulings of
the Federal Supreme Court for the years
2008/2009, Volume Two, April 2011.
