Nomination for membership in the House of Representatives in accordance with Law No. (4) of 2023 in force

Abstract

Abstract: The right to be nominated for membership in the House of Representatives is considered one of the most basic pillars for exercising political rights in Iraq. It is an embodiment of the principle of popular participation in managing state affairs and political decision-making, as well as an embodiment of the principles of equality and peaceful transfer of power. Therefore, the Iraqi legislator attached great importance to this right by regulating it in electoral laws, as it specifies the substantive conditions that must be met by candidates in addition to the procedural conditions that indicate the practical mechanisms for submitting and considering candidacy applications and the method of objecting to them. The constitutional legislator has transferred the organization of nomination for membership in the House of Representatives to the ordinary legislator and the laws. Therefore, we find that while we are following the conditions and procedures for nomination for membership in the House of Representatives, the legal legislator has issued many successive electoral laws that regulate parliamentary elections in general, and which set detailed conditions, procedures and controls that must be met by candidates, including the repealed “House of Representatives Elections Law No. (16) of 2005, and then Elections Law No. (26) of the year (2009), which was repealed, through Election Law No. (9) of (2020), which was repealed. Reaching Law No. (4) of 2023, the Third Amendment Law to the Law on Elections for the House of Representatives, Governorate Councils, and Districts No. (12) of (2018) in force, which brought about a qualitative shift in the conditions for candidacy for membership in this Council and its example related to the individual candidate, and its procedures. This law is not devoid of ambiguity and deficiency within its texts, which requires examining it with research and analysis, especially since it will be applied for the first time in elections. House of Representatives for the current year (2025). © 2023 TUJR, College of Law, Tikrit University