المحكمة الاتحادية بالعراق تنتصر لـ الإيزيديين والكرد الفيليين
فى حكم يمكن وصفه بالتاريخي، قضت المحكمة الاتحادية بالعراق بعدم دستورية الفقرات الخاصة بمقاعد الأيزيديين والشبك والكورد الفيليين في مجلس النواب.
وعلى خلفية الدعوى المقامة من خالدة خليل رشو، عضو مجلس النواب العراقي، على المدعى عليه رئيس مجلس النواب اضافة لوظيفته، أصدرت المحكمة قرارها.
ونص قرار المحكمة على أن الفقرة (ب) من البند الثاني من المادة 13 نصت على ان المكون الازيدي لديه مقعد واحد في محافظة نينوى فان ذلك يتعارض واحكام المواد 14 و16 و20 من الدستور، اذ يجب معامل المكون المذكور كسائر باقي مكونات الشعب العراقي مما يقتضي الحكم بعدم دستوريتها.
واضافت ان ذلك يقتضي التصدي لاحكام الفقرة (د) من البند ثانيا من المادة 13 من ذات القانون، والتي نصت على ان المكون الشبكي لديه مقعد واحد في محافظة نينوى والتصدي لاحكام الففقرة (هـ) من البند ثانيا من المادة 13 من ذات القانون، والتي نصت على مكون الكورد الفيليين لان لديهم مقعدا واحدا في محافظة واسط ووجوب معاملة المكونات الايزيدية والصابئة المندائية والمكون الشبكي والكورد الفيليين بمعاملة كافة ابناء الشعب العراقي.
وقررت المحكمة الاتحادية العليا الحكم بعدم دستورية الفقرات (ب) و(د) و(هـ) من البند ثانيا من المادة 13 من قانون الانتخابات رقم 9 لسنة 2020 والغائها واعتبارا من تاريخ صدور هذا القرار والعدول عن قرارها السابق بالعدد 45/اتحادية/2020 الخاص بمقعد المكون الكورد الفيليين.
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