Full text of Iraq constitution

CHAPTER TWO: THE EXECUTIVE POWER

Article 63:

The Federal Executive Power shall consist of the President of the Republic and the Council of Ministers and shall exercise its powers in accordance with the constitution and the law.

FIRST: The President of the Republic

Article 64:

The President of the Republic is the Head of the State and a symbol of the unity of the country and represents the sovereignty of the country. He safeguards the commitment to the Constitution and the preservation of Iraq’s independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution.

Article 65:

A nominee to the Presidency must meet the following conditions:

A.  Must be an Iraqi by birth, born to Iraqi parents.

B.   Must be fully eligible and has completed forty years of age.

C.  Must be of good reputation and political experience, and known for his integrity, righteousness, fairness and loyalty to the homeland.

D.  Must not have been convicted of a crime involving moral turpitude.

Article 66:

First: A law shall regulate the nomination to the post of the President of the Republic.

Second: A law shall regulate the nomination of one deputy or more for the President of the Republic.

Article 67:

First: The Council of Representatives shall elect, from among the nominees, the President of the Republic by a two-thirds majority of its members.

Second: If any of the candidates does not receive the required majority vote then the two candidates who received the highest number of votes shall compete and the one who receives the highest number of votes in the second election shall be declared as President.

Article 68:

The President shall take the Constitutional Oath before the Council of Representatives in the form stipulated in Article 48 of the Constitution.

Article 69:

First: The President of the Republic’s term in office shall be limited to four years and may be elected for a second time and no more.

Second:

A.  The term of the President of the Republic shall finish at the end of the Council of Representatives’ term.

B.   The President of the Republic will continue to exercise his functions until the elections for the Council of Representatives is completed and until it meets. The new President shall then be elected within thirty days of its first meeting.

C.  If the position of president of the republic is vacant, for whatever reason, a new president will be elected in order to fill the vacancy for the remaining period of that president’s term.

Article 70:

The President of the Republic shall assume the following powers:

A.  To issue a special pardon on the recommendation of the Prime Minister, except for anything concerning private claim and for those who have been convicted of committing international crimes, terrorism, and financial and administrative corruption.

B.   To ratify international treaties and agreements after the approval by the Council of Representatives. Such international treaties and agreements are considered ratified after fifteen days from the date of receipt.

C.  To ratify and issue the laws enacted by the Council of Representatives. Such laws are considered ratified after fifteen days from the date of receipt.

D.  To call the elected Council of Representatives to convene during a period not to exceed fifteen days from the date of approval of the election results and in the other cases stipulated in the Constitution.

E.   To award medals and decorations on the recommendation of the Prime Minister in accordance with the law.

F.   To accredit Ambassadors.

G.  To issue Presidential decrees.

H.  Ratify death sentences issued by the competent courts.

I.    Perform the duty of the Higher Command of the armed forces for ceremonial and honorary purposes.

J.    Exercise any other presidential powers stipulated in this Constitution.

Article 71:

A law shall fix the salary and the allowances of the President of the Republic.

Article 72:

First: The President of the Republic shall have the right to submit his resignation in writing to the Speaker of the Council of Representatives, and is considered effective after seven days from the date of its submission to the Council of Representatives.

Second: The “Vice” President shall assume the office of the President in case of his absence.

Third: The Vice President shall assume the duties of the President of the Republic or in the event of the post of the President becomes vacant for any reason whatsoever. The Council of Representatives must elect a new President within a period not to exceed thirty days from the date of the vacancy.

Fourth: In the case the post of the President of the Republic becomes vacant, the Speaker of the Council of Representatives shall replace the President of the Republic in case he does not have a Vice President, on the condition that a new President is elected during a period not to exceed thirty days from the date of the vacancy and in accordance with the provisions of this Constitution.

SECOND: Council of Ministers

Article 73:

First: The President of the Republic shall name the nominee of the Council of Representatives bloc with the largest number to form the Cabinet within fifteen days from the date of the election of the president of the republic.

Second: The Prime Minister-designate shall undertake the naming of the members of his Cabinet within a period not to exceed thirty days from the date of his designation.

Third: In case the Prime Minister-designate fails to form the cabinet during the period specified in clause “Second,” the President of the Republic shall name a new nominee for the post of Prime Minister within fifteen days.

Fourth: The Prime Minister-designate shall present the names of his Cabinet members and the ministerial program to the Council of Representatives. He is deemed to have gained its confidence upon the approval, by an absolute majority of the Council of Representatives, of the individual Ministers and the ministerial program.

Fifth: The President of the Republic shall name another nominee to form the cabinet within fifteen days in case the Cabinet did not gain the confidence.

Article 74:

First: The conditions for assuming the post of the Prime Minister shall be the same as those for the President of the Republic, provided that he has completed thirty-five years of age and has a college degree or its equivalent.

Second: The conditions for assuming the post of Minister shall be the same as those for members of the Council of Representatives provided that he holds a college degree or its equivalent.

Article 75:

The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander in chief of the armed forces. He directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.

Article 76:

The Prime Minister and members of the Cabinet shall take the Constitutional Oath before the Council of Representatives in the form stipulated in Article 48 of the Constitution.

Article 77:

The Cabinet shall exercise the following powers:

First: Plan and execute the general policy and the general plans of the State and oversee the work of the ministries and departments not associated with a ministry.

Second: To propose bills.

Third: To issue rules, instructions and decisions for the purpose of implementing the law.

Fourth: To prepare the draft of the general budget, the closing account, and the development plans.

Fifth: To recommend to the Council of Representatives to approve the appointment of under secretaries, ambassadors, State senior officials, Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, Director of the National Intelligence Service, and heads of security institutions.

Sixth: To negotiate and sign international agreements and treaties or designate any person to do so.

Article 78:

First: The President of the Republic shall take up the office of the Prime Minister in the event the post becomes vacant for any reason whatsoever.

Second: The President must designate another nominee to form the cabinet within a period not to exceed fifteen days in accordance with the provisions of article 73 of this Constitution.

Article 79:

A law shall regulate the salaries and allowances of the Prime Minister and Ministers, and anyone of their grade.

Article 80:

The responsibility of the Prime Minister and the Ministers before the Council of Representatives is of a joint and personal nature.

Article 81:

First: A law shall regulate the work of the security institutions and the National Intelligence Service and shall define its duties and authorities. It shall operate in accordance with the principles of human rights and be subject to the oversight of the Council of Representatives.

Second: The National Intelligence Service shall be attached to the Cabinet.

Article 82:

The Council of Ministers shall establish internal bylaws to organize the work therein.

Article 83:

A law shall regulate the formation of ministries, their tasks, their responsibilities and the authorities of the minister.

CHAPTER THREE: THE JUDICIAL AUTHORITY

Article 84:

The Judicial authority is independent. The courts, in their various types and classes, shall assume this authority and issue decisions in accordance with the law.

Article 85:

Judges are independent and there is no authority over them except that of the law. No authority shall have the right to interfere in the Judiciary and the affairs of Justice.

Article 86:

The Federal Judicial Authority is comprised of the Higher Juridical Council, Supreme Federal Court, Federal Court of Cassation, Public Prosecution Department, Judiciary Oversight Commission and other federal courts that are regulated in accordance with the law.

FIRST: Higher Juridical Council

Article 87:

The Higher Juridical Council shall oversee the affairs of the Judicial Committees. The law shall specify the method of its establishment, its authorities, and the rules of its operation.

Article 88:

The Higher Juridical Council shall exercise the following authorities:

First: To manage the affairs of the Judiciary and supervise the Federal Judiciary.

Second: To nominate the Chief Justice and members of the Federal Court of Cassation, the Chief Public Prosecutor, the Chief Justice of the Judiciary Oversight Commission and present them to the Council of Representatives to approve their appointment.

Third: To propose the draft of the annual budget of the Federal Judiciary Authority and present it to the Council of Representatives for approval.

SECOND: Federal Supreme Court

Article 89:

First: The Federal Supreme Court is an independent judicial body, financially and administratively.

Second: The Federal Supreme Court shall be made up of number of judges, and experts in Islamic jurisprudence and law experts whose number, the method of their selection and the work of the court shall be determined by a law enacted by a two-third majority of the members of the Council of Representatives.

Article 90:

The Federal Supreme Court shall have jurisdiction over the following:

First: Oversight of the constitutionality of laws and regulations in effect.

Second: Interpretation of the provisions of the constitution.

Third: Settle matters that arise from the application of the federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law shall guarantee the right of each of the Cabinet, the concerned individuals and others of direct contest with the Court.

Fourth: Settle disputes that arise between the federal government and the governments of the regions and governorates, municipalities, and local administrations.

Fifth: Settle disputes that arise between the governments of the regions and governments of the governorates.

Sixth: Settle accusations directed against the President, the Prime Minister and the Ministers. That shall be regulated by law.

Seventh: Ratify the final results of the general elections for membership in the Council of Representatives.

Eight:

A.  Settle competency dispute between the Federal Judiciary and the judicial institutions of the regions and governorates that are not organized in a region.

B.   Settle competency dispute between judicial institutions of the regions or governorates that are not organized in a region.

Article 91:

Decisions of the Federal Supreme Court are final and binding for all authorities.

THIRD: General Provisions

Article 92:

Special or exceptional courts may not be established.

Article 93:

The law shall regulate the establishment of courts, their types, classes and jurisdiction and the method of appointing and the terms of service of judges, public prosecutors, their discipline and their retirement.

Article 94:

Judges may not be removed except in cases specified by law; such law will determine the particular provisions related to them and shall regulate their disciplinary measures.

Article 95:

A judge or public prosecutor may not:

First: Combine a position in the judiciary, and a position in the legislature and executive or any other employment.

Second: Joining any party or political organization or perform any political activity.

Article 96:

A law shall regulate military judiciary and shall specify the jurisdiction of military courts, which will be limited to crimes of military nature that occur by members of the armed forces, security forces and within the limits stipulated by law.

Article 97:

It is prohibited to stipulate in law the immunization from appeal of any administrative work or decision.

Article 98:

It is permitted to regulate in a law the establishment of a State Council specialized in the functions of administrative judiciary, interpretation, drafting, and the State and various public institutions representation before the judicial bodies except those exempted by law.

CHAPTER FOUR: INDEPENDENT COMMISSIONS

Article 99:

The High Commission for Human Rights, Independent Electoral High Commission and Commission on Public Integrity are independent commissions, which shall be subject to monitoring by the Council of Representatives. A law shall regulate their functions.

Article 100:

First: The Central Bank of Iraq, Board of Supreme Audit, Communication and Media Commission, and the Endowment Commissions are financially and administratively independent institutions. A law shall regulate the work of each of these institutions.

Second: The Central Bank of Iraq is responsible before the Council of Representatives. The Board of Supreme Audit and the Communication and Media Commission shall be attached to the Council of Representatives.

Third: The Endowment Commissions shall be attached to the Council of Ministers.

Article 101:

A commission named Foundation of Martyrs shall be established and attached to the Council of Ministers. Its functions and competencies shall be regulated by law.

Article 102:

A public commission shall be established to guarantee the rights of the regions and governorates that are not organized in a region in fair participation in managing the various state federal institutions, missions, fellowships, delegations, and regional and international conferences. The Commission shall be comprised of representatives of the federal government, and representatives of the regions and governorates that are not organized in a region and shall be regulated by a law.

Article 103:

A public commission shall be established by a law to audit and appropriate federal revenues. The commission shall be comprised of federal government experts and representatives and experts and representatives from the regions and governorates and shall assume the following responsibilities:

First: Ensure the fair distribution of grants, aid, and international loans pursuant to the entitlement of the regions and governorates that are not organized in a region.

Second: Ensure the ideal use and division of the federal financial resources.

Third: Guarantee transparency and justice in appropriating funds to the governments of the regions and governorates that are not organized in a region in accordance with the established percentages.

Article 104:

A council named the Federal Public Service Council shall be established and shall regulate the affairs of the federal public service, including the appointment and promotion. A law shall regulate its formations and competencies.

Article 105:

Other independent commissions may be established according to need and necessity by a law.

SECTION FOUR: POWERS OF THE FEDERAL GOVERNMENT

Article 106:

The federal authorities shall preserve the unity, integrity, independence, sovereignty of Iraq, and its federal democratic system.

Article 107:

The federal government shall have exclusive authorities in the following matters:

First: Formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; negotiating, signing and ratifying debt policies and formulating foreign sovereign economic and trade policy;

Second: Formulating and executing national security policy, including creating and managing armed forces to secure the protection, and to guarantee the security of Iraq’s borders and to defend Iraq;

Third: Formulating fiscal and customs policy, issuing currency, regulating commercial policy across regional and governorate boundaries in Iraq; drawing up the national budget of the State; formulating monetary policy, and establishing and administering a central bank;

Fourth: Regulating standards, weights and measures;

Fifth: Regulating the issues of citizenship, naturalization, residency and the right to apply for political asylum.

Sixth: Regulating telecommunications and mail policy.

Seventh: To draw up the general and investment budget bill.

Eighth: Plan policies relating to water sources from outside Iraq, and guarantee the rate of water flow to Iraq and its fair distribution, in accordance with international laws and norms.

Ninth: General population statistics and census.

Article 108:

Oil and gas are the ownership of all the people of Iraq in all the regions and governorates.

Article 109:

First: The federal government with the producing governorates and regional governments shall undertake the management of oil and gas extracted from current fields provided that it distributes oil and gas revenues in a fair manner in proportion to the population distribution in all parts of the country with a set allotment for a set time for the damaged regions that were unjustly deprived by the former regime and the regions that were damaged later on, and in a way that assures balanced development in different areas of the country, and this will be regulated by law.

Second: The federal government with the producing regional and governorate governments shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people using the most advanced techniques of the market principles and encourages investment.

(Antiquities and antiquity sites, traditional constructions, manuscripts and coins are considered part of the national wealth which are the responsibility of the federal authorities. They will be administered in cooperation with the regions and governorates, and this will be regulated by law.)

Article 110:

The following competencies shall be shared between the federal authorities and regional authorities:

First: To administer customs in coordination with the governments of the regions and governorates that are not organized in a region. This will be organized by law.

Second: To regulate the main sources of electric energy and its distribution.

Third: To formulate the environmental policy to ensure the protection of the environment from pollution and to preserve its cleanness in cooperation with the regions and governorates that are not organized in a region.

Fourth: To formulate the development and general planning policies.

Fifth: To formulate the public health policy in cooperation with the regions and governorates that are not organized in a region.

Sixth: To formulate the public educational and instructional policy in consultation with the regions and governorates that are not organized in a region.

Seventh: To formulate and organize the main internal water sources policy in a way that guarantees fair distribution. This will be organized by law.

Article 111:

All powers not stipulated in the exclusive authorities of the federal government shall be the powers of the regions and governorates that are not organized in a region. The priority goes to the regional law in case of conflict between other powers shared between the federal government and regional governments.

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