Iraq: Legislature

The Revolutionary Command Council (RCC), a branch of the ruling party Hizb al Ba’th al-Arabi al-Ishtiraki (Socialist Arab Rebirth Party), exercises supreme executive and legislative authority in Iraq. The RCC created the unicameral National Assembly of Iraq (Majlis al-Watani al-Iraqi) in 1980 to share legislative functions with it. Loyalty to Ba’th principles and to the Arab socialist revolution of 1968 is a requirement for running for election to the Assembly. An electoral commission created by the RCC must approve the candidates. In 1980 the Iraqi government also permitted elections of a fifty-member Kurdish Legislative Council. The most recent elections to the National Assembly were conducted in March 2000. 220 of the 250 members of the National Assembly were elected for four-year terms of office, and thirty were appointed by a presidential decree to represent the three northern provinces of Arbil, Dahuk and As-Sulaymaniyah.

The National Assembly holds meetings in two ordinary sessions every year. The sessions are convened and terminated by decision of the RCC. The president of the republic can call the legislature for an extraordinary meeting. A special National Assembly Law determines the formation of the Assembly, its membership, work procedures, and its jurisdiction. The National Assembly is composed of the people's representatives from various political, economic, and social sectors. The current president of the National Assembly is Sa’adoon Hammadi. The secretary general is Ghalib Al-Jasim.

As the supreme institution of the state, the Revolutionary Command Council (RCC) may perform legislative functions in collaboration with or independently of the National Assembly. The RCC approves laws by a majority of its members. It issues laws, decrees having the force of the law, and regulations for the application of the enacted laws. The president of the republic, who is elected from within the RCC by a two-thirds majority vote, heads the RCC. The RCC exercises all its powers by a two-thirds majority. Since 1977, the members of the Regional Command of the Ba’th Party have also been members of the RCC. RCC members enjoy full immunity. Except for the president of the republic, the RCC can dismiss any member, minister, or deputy to the president. The members of the National Assembly are also immune from prosecution.

The National Assembly considers a draft law proposed by the RCC within fifteen days from the date of its presentation. If the Assembly approves the draft, it is sent to the president of the republic to be promulgated. But if it is rejected or modified by the Assembly, it is returned to the RCC. If the RCC approves the modification, it sends the draft to the president of the republic to be promulgated. If the RCC insists upon its point of view in the second reading, it is returned to the National Assembly to be reviewed in a common meeting with the RCC. A two-thirds majority takes a final decision.

The National Assembly must also consider the draft laws presented to it by the president of the republic within fifteen days. If the Assembly rejects the draft, it is returned to the president of the republic. If it approves the draft, it is sent to the RCC and is promulgated after the RCC approves it. If the National Assembly modifies the draft, it is sent to the RCC for approval. But if the RCC opposes modifications, or if it makes its own modifications, it is once again returned to the National Assembly within a week. If the National Assembly approves the point of view of the RCC, it sends the draft to the president of the republic for promulgation. But if the National Assembly insists, in the second reading, upon its point of view, a common meeting of the RCC and the Assembly is held and the draft issued by two-thirds majority is considered definite and is sent to the president of the republic to be promulgated.

The National Assembly considers any draft law presented by a quarter of its members in any areas other than military, financial, and public security affairs, and whatever the President excludes from consideration by the Assembly. If the Assembly approves the draft law, it is sent to the RCC to be considered within fifteen days. If the RCC approves it, the draft is sent to the president of the republic. If the RCC rejects the draft, it is returned to the Assembly. If the RCC modifies the draft, it is again returned to the Assembly. If the latter insists upon its point of view, in the second reading, a common meeting for the two institutions is held, presided over by the president of the RCC or the vice president. The draft issued by two-thirds majority is considered definite and is sent to the president of the republic to be promulgated.

The Assembly’s meetings are public unless otherwise decided according to procedures set by the Assembly's Law. Laws promulgated are published in the Official Gazette. On the other hand, meetings and debates of the RCC are closed. The National Assembly, with the permission of the president of the republic, has the right to call ministers for the purpose of clarification or investigation of issues.

The National Assembly may propose draft laws and pass legislation according to stipulations of the constitution. It debates the general policy of the state on internal and external matters. The National Assembly may take the initiative to advise the President on any issue examined by its standing committees or by its board after a general discussion by the Assembly.

The National Assembly sets its own regulations, determines its budget and appoints its staff. It establishes standing and ad hoc committees, as well as investigation committees from its members. It also sets procedures for accusing its members and referring them to court if they commit crimes. The speaker of the National Assembly and all its members are responsible to the Assembly for violating the constitution. Members are not questioned about any opinions or suggestions they make during the course of their term. They may not be persecuted or arrested for a crime they committed while the Assembly is in session or on vacation without the permission of the head of the Revolutionary Command Council, except when they are caught committing a felony.

Vice-presidents, ministers and those of equivalent status may attend the National Assembly's sessions and participate in its discussions. The President may ask the National Assembly and its specialized committees to inspect public departments, the socialist and the mixed sectors. The inspection could be full or partial, as the Assembly see fit. The Assembly may call in the prime minister or any minister or public employee to interrogate him about the case for which he was referred to the Assembly. Depending on the investigation findings, the Assembly may recommend the proper action to be taken against offenders, including relieve from duty, dismissal, retirement or referring them to trial by court.

The President may dissolve the National Assembly.

The National Assembly is a member of both the Inter-Parliamentary Union (IPU) and the Arab Inter-Parliamentary Union (AIPU).

For more information, please see Iraq - Legislature weblinks