Ali Zuweid's Political Programme · Proposed legislation · State, Constitution, Justice, Rights and Governance
Federation Council and Bicameral Federal Legislature Bill
A legislative framework to complete the constitutional structure of the federal legislature, represent regions and governorates not incorporated into a region, and regulate legislative review and mediation between the Council of Representatives and the Federation Council, without diminishing the powers expressly assigned by the Constitution to the Council of Representatives.
Executive Summary
This bill completes the second chamber of the federal legislature, which the Constitution provides for but which has yet to become operational as an institution. Its design rests on two inseparable principles: the Federation Council must be a genuine institution of federal representation, rather than a symbolic advisory body; and the powers expressly conferred by the Constitution on the Council of Representatives—particularly the enactment of federal laws, approval of the budget and political oversight of the government—must remain within their constitutional boundaries.
The bill proposes stable representation of regions and governorates through direct elections: three members for each governorate not incorporated into a region, and representation for each region equal to three times the number of its constituent governorates. Under this formula, a governorate's transition from the status of a “governorate not incorporated into a region” to membership of a new region changes the form of its delegation, rather than its original numerical weight, thus neither rewarding nor penalising the choice to form regions.
In the legislative process, the Federation Council reviews every federal law after its adoption by the Council of Representatives and before its transmission to the President of the Republic. It may approve the law, propose amendments or lodge a reasoned objection within specified short periods. Its objection to general legislation remains suspensive and may be overridden by the Council of Representatives, while federal-balance legislation is subject to mandatory joint mediation where an objection meets the enhanced threshold. As for the budget, treaty ratification, war, states of emergency and oversight leading to withdrawal of confidence, the final constitutional powers remain where the Constitution places them, with the Federation Council receiving an informational and advisory role relating to the interests of regions and governorates.
The bill also provides guarantees of openness and recorded voting, limits on financial benefits, a conflict-of-interest code, public participation, a professional secretariat and shared use of resources during the establishment phase. It further sets out transitional provisions to ensure that establishing the Council neither interrupts the work of the Council of Representatives nor automatically reopens laws already in force.
I — Constitutional and Legal Context
1. The incomplete constitutional structure
The Constitution states that the federal legislative authority consists of the Council of Representatives and the Federation Council. It then devotes Article (65) to establishing the Federation Council as the representative of regions and governorates not incorporated into a region, leaving its composition, membership requirements, powers and all related matters to be regulated by a law enacted by a two-thirds majority of the members of the Council of Representatives. Conversely, the Constitution details the powers and procedures of the Council of Representatives in the articles preceding Article (65). The design of the Federation Council therefore requires a precise law that fulfils its federal function without transferring, through ordinary legislation, an exclusive constitutional power away from the Council of Representatives.
Article (137), meanwhile, deferred implementation of the provisions concerning the Federation Council until the Council of Representatives issues a decision by a two-thirds majority after its first electoral term. In Decision 72/Federal/2012, the Federal Supreme Court interpreted this provision as a step preceding enactment of the Federation Council law. It noted the need to involve the relevant authorities and bodies in preparing proposals, followed by the legislative process leading to enactment of the law by a two-thirds majority.
2. Institutional position as of this document's date
The Federation Council remains unconstituted. On 21 August 2026, the Deputy Speaker of the Council of Representatives confirmed that the Council's absence left a gap in the legislative structure, describing it as the other half of the legislature under the Constitution (Council of Representatives, 21 August 2026). The Federation Council law also remained among the fundamental laws under political and legislative discussion in September 2026 (National Iraqi News Agency, 7 September 2026). Accordingly, the bill addresses not an existing institution requiring amendment, but a constitutional requirement that calls for disciplined establishment and a clear transitional pathway.
3. Existing laws and institutions requiring alignment
The Council of Representatives currently operates under the Constitution, the Council of Representatives and its Formations Law No. (13) of 2018, and its Rules of Procedure No. (1) of 2022, as amended. The Independent High Electoral Commission administers elections under its Law No. (31) of 2019, as amended. Federal and local elections operate within the framework of Election Law No. (12) of 2018, as amended, including its Third Amendment under Law No. (4) of 2023. Establishing a second chamber requires aligning this system without rebuilding parallel institutions where existing resources and expertise can be used.
II — Proposed Legislative Policy
| Issue | Chosen option | Rationale |
|---|---|---|
| Nature of representation | Representation of federal units through direct election | Gives the Council independent democratic legitimacy and prevents membership from becoming an automatic extension of local executive authorities. |
| Numerical weight | 3 for each governorate not incorporated into a region; 3 × the number of constituent governorates for each region | Maintains a fixed regional/governorate weight when regions are formed and avoids turning the Council into a population-based replica of the Council of Representatives. |
| Ex officio membership | No ex officio membership for Presidents of the Republic, heads of government, heads of the judiciary or former officeholders | The Council represents federal units; it is not a personal council of elders. Ex officio membership weakens the link to regional representation. |
| General legislation | Mandatory review and an overridable suspensive objection | Gives the Council a substantive function without usurping the express constitutional power of the Council of Representatives to enact federal laws. |
| Federal-balance legislation | Enhanced review and joint mediation before an override | These laws affect the core reason for establishing the Federation Council and therefore warrant a stronger procedural safeguard than general legislation. |
| Budget | A reasoned, non-blocking federal opinion | Article (62) places the budget process in the Council of Representatives. The voice of federal units is added without obstructing the constitutional power. |
| Political oversight | Hearings, information and reports; no withdrawal of confidence | Protects the Council's federal function without duplicating the system of political accountability entrusted by the Constitution to the Council of Representatives. |
| Administration and cost | Functional independence, with shared services and resources during establishment | Balances the Council's independence against the risk of an oversized new bureaucracy. |
The essence of the bill is “asymmetric bicameralism”: the two Councils participate in lawmaking but do not have identical functions. The Council of Representatives represents the Iraqi people as a whole and retains its express constitutional powers. The Federation Council represents the regional and governorate dimension, adding an institutional federal review of every law, with stronger tools when a bill affects the balance of powers and resources between levels of government.
III — Federation Council and Bicameral Federal Legislature Bill
Proposed promulgation formula:
In the name of the people
Presidency of the Republic
Pursuant to the approval of the Council of Representatives by a two-thirds majority of its members under Articles (65) and (137) of the Constitution of the Republic of Iraq, following completion of the constitutional decision required before legislation, and ratification by the President of the Republic under paragraph (Third) of Article (73) of the Constitution, the following Law is issued:
Chapter One — General Provisions
Article (1) — Definitions
For the purposes of this Law, the following expressions shall have the meanings set out below, unless the context otherwise requires. First — Council: the Federation Council established under Article (65) of the Constitution of the Republic of Iraq. Second — Council of Representatives: the federal Council of Representatives. Third — Represented federal unit: a region or a governorate not incorporated into a region, as applicable. Fourth — Regional delegation: the Council members elected to represent one region. Fifth — Governorate delegation: the Council members elected to represent a governorate not incorporated into a region. Sixth — Referred bill: the text adopted by the Council of Representatives and referred to the Council before transmission to the President of the Republic. Seventh — Federal-balance legislation: any bill whose principal subject is the distribution of powers, resources or burdens between the federal authority, regions and governorates not incorporated into a region, or changes to their legal status or the limits of their powers. Eighth — Joint mediation committee: a temporary committee composed of equal numbers from the two Councils to address a legislative disagreement in accordance with this Law. Ninth — Commission: the Independent High Electoral Commission. Tenth — Rules of procedure: the rules of procedure of the Federation Council.
Article (2) — Nature of the Council and its constitutional position
The Federation Council is a permanent federal legislative chamber representing regions and governorates not incorporated into a region. Together with the Council of Representatives, it constitutes the federal legislative authority under Article (48) of the Constitution. The Council shall exercise its powers exclusively within the limits prescribed by the Constitution and this Law. Its provisions shall not be interpreted in a manner that diminishes the powers expressly assigned by the Constitution to the Council of Representatives or any other federal authority.
Article (3) — Objectives of the Law
This Law aims to complete the constitutional structure of the federal legislature; bring regional and governorate representation into the making of federal legal rules; improve legislative quality; prevent one level of government from encroaching upon another; establish an institutional pathway for mediation in disagreements of a federal nature; and strengthen transparency, accountability and cooperation between levels of government.
Article (4) — Principles governing the exercise of powers
In exercising their powers, the Council's institutions shall adhere to the principles of constitutional supremacy, the unity of the federal state, separation of powers, balance between levels of government, non-discrimination between federal units, transparency, openness of proceedings, proportionality, protection of rights and freedoms, and non-obstruction of the continuity of the state, the budget or public services without a constitutional basis.
Article (5) — Seat of the Council
The Council's principal seat shall be in Baghdad. It may hold a sitting or committee meeting in a region or governorate not incorporated into a region whenever the public interest so requires, by decision of the presiding board, with due regard to security requirements, openness of proceedings and public access to documents.
Chapter Two — Composition, Elections and Membership
Article (6) — Composition of the Council
The Council shall consist of delegations representing regions and governorates not incorporated into a region. Each governorate not incorporated into a region shall be represented by three members. Each region shall be represented by a number of members equal to three multiplied by the number of its constituent governorates at the time elections are called. If a governorate's constitutional status changes through joining a region or forming a new region, its seats shall transfer to the regional delegation at the first subsequent elections, without increasing or reducing its prescribed original numerical allocation. No ex officio seats shall be added for individuals by virtue of their former or current offices.
Article (7) — Method of selection
Council members shall be elected by direct, secret, universal ballot within the represented federal unit. The Commission shall administer the elections and announce their results. Each governorate not incorporated into a region shall constitute an electoral constituency, and each region shall constitute a single electoral constituency for electing its delegation. Nomination rules within a region shall ensure fair geographical distribution among its governorates and prevent representation from being confined to one governorate.
Article (8) — Electoral system
Seats shall be allocated under an open-list proportional representation system using the highest-averages method, in accordance with the calculation rules applicable under the federal election law in force, unless this Law provides otherwise. The Commission shall issue uniform technical instructions for calculating votes, seats, invalid votes and substitute members, without altering the substance of the electoral system. The composition of each elected delegation shall ensure that women hold no fewer than one third of its seats whenever the number of seats permits, and in all cases no fewer than one third of the Council's members nationally.
Article (9) — Representation of components
Council elections shall take account of opportunities for effective representation of Iraq's components in accordance with the Constitution and the election law. Component-specific seats may be created within a federal unit by law if proportional representation alone is shown not to secure effective representation for a component with a historical presence there, provided that the reserved seats do not undermine the federal principle or create unjustified double representation.
Article (10) — Membership requirements
A candidate for Council membership must be an Iraqi national with full legal capacity; have reached thirty-five years of age on polling day; be registered to vote in the unit they seek to represent; hold a first university degree or its equivalent; be of good character and conduct; not have been convicted by a final judgment of a felony or a misdemeanour involving dishonesty or moral turpitude, unless legally rehabilitated; not be subject to the Accountability and Justice Law or any other legal disqualification in force; and not be serving in the armed forces, security agencies, the judiciary or the Commission. Applicable laws shall determine the remaining requirements concerning integrity, financial disclosure and conflicts of interest.
Article (11) — Incompatibility of offices
Council membership may not be combined with membership of the Council of Representatives, a regional council or a governorate council; a federal, regional or local executive office; a judicial, military or security post; or membership of the board of commissioners of an independent body. A person elected to the Council shall end any such incompatibility within fifteen days after certification of the results, failing which they shall be deemed to have resigned from Council membership.
Article (12) — Term of membership
The Council's term shall be four calendar years, beginning on the date of its first sitting. Its members shall continue to discharge essential functions until the new Council convenes, for no more than thirty days after the term expires. The Council shall not be dissolved upon dissolution of the Council of Representatives, and the end of either Council's term shall not terminate the term of the other.
Article (13) — Regular elections
Council elections shall be held at least forty-five days before its term expires. On a proposal by the Commission and after consultation with the Council of Ministers, the President of the Republic shall issue a decree fixing polling day. If elections cannot be held in a federal unit because of force majeure established by a court, the existing seats for that unit shall continue for no more than ninety days, and a supplementary poll shall be held as soon as the cause ceases.
Article (14) — Vacant seats
If a member's seat becomes vacant for any reason, a substitute shall take their place in accordance with the ranking of votes, the list and the safeguards for the representation of women and components. If no substitute is available, the Commission shall hold a by-election within the unit concerned where more than one year remains in the term. The rules of procedure shall determine the procedures for establishing the vacancy and notifying the Commission.
Article (15) — Termination of membership
Membership shall end upon death, acceptance of resignation, loss of a membership requirement under a final judgment or decision, unlawful absence as defined by the rules of procedure, establishment of prohibited dual officeholding, or a serious breach of membership duties. Membership shall not be forfeited for political reasons or because of a member's vote or opinion. A decision to terminate membership shall be adopted by a two-thirds majority of Council members after the member has been given an opportunity to defend themselves. The decision may be challenged before the competent judicial authority in accordance with the Constitution and the law.
Article (16) — Parliamentary immunity
Within the scope of their legislative function, a Council member shall enjoy the protection necessary for freedom of opinion and voting and shall not incur civil or criminal liability for opinions expressed in the performance of their duties. Constitutional rules governing members of the Council of Representatives shall apply to criminal proceedings and personal immunity insofar as they are compatible with the nature of the Council. Immunity shall not prevent the investigation of corruption offences or felonies committed in flagrante delicto in accordance with the law.
Article (17) — Members' rights and obligations
A member shall attend sittings, disclose financial and non-financial interests, avoid conflicts of interest, refrain from accepting gifts or benefits connected with their work, preserve the confidentiality of information lawfully classified, and maintain regular communication with the unit they represent. Allowances and financial entitlements shall remain within those prescribed for members of the Council of Representatives, without special pension privileges. Receipt of two salaries, or conflicting employment allowances, from public funds is prohibited.
Article (18) — Oath
Before taking up their duties, a Council member shall take the constitutional oath in the form stated in Article (50) of the Constitution before the Council at its first sitting, or before the presiding board when filling a vacancy during the term.
Chapter Three — Presiding Board, Sittings and Committees
Article (19) — First sitting
The President of the Republic shall convene the elected Council by republican decree within fifteen days of final certification of the results. The oldest member shall preside over the sitting until the President and two Deputy Presidents are elected. The date of the first sitting may not be postponed by more than a further fifteen days, except in cases of force majeure.
Article (20) — Presiding board
The Council shall elect from among its members a President and two Deputy Presidents by direct secret ballot and an absolute majority of its total membership. If no candidate obtains the required majority, a second round shall be held between the candidates receiving the highest numbers of votes, and the candidate receiving the greater number of votes shall be elected. The President and both Deputy Presidents may not all be from the same federal unit. The composition of the presiding board shall take account of regional, governorate and gender diversity without binding quota-based allocation.
Article (21) — Powers of the presiding board
The presiding board shall manage sittings, organise the agenda, represent the Council, oversee the General Secretariat, refer bills to committees, notify the Council of Representatives and the President of the Republic of legislative decisions, and implement the rules of procedure. The presiding board may not prevent an application that meets the legal requirements from being placed on the agenda for longer than the period specified in the rules of procedure.
Article (22) — Removal of the President or either Deputy President
The President of the Council or either Deputy President may be removed upon a reasoned request submitted by one third of the members and by a decision adopted by an absolute majority of the Council's total membership, following a public sitting at which the person concerned is given an opportunity to respond. Removal from office shall not affect membership unless independent grounds for terminating it exist.
Article (23) — Legislative sessions
The Council shall hold two legislative sessions annually, totalling no fewer than eight months, with their dates determined by the rules of procedure. A legislative session may be extended by no more than thirty days by decision of the Council or at the request of the Council of Representatives when substantial federal bills remain pending. Sittings to consider the draft budget and the opinion on federal allocations shall continue until completion of the constitutional period prescribed for the Council of Representatives.
Article (24) — Extraordinary sittings
The Council may be called to an extraordinary sitting at the request of the President of the Republic, the Prime Minister, the Speaker of the Council of Representatives, the President of the Federation Council or one third of Council members. Its agenda shall be limited to the matters for which it was convened. In cases of war, emergency or widespread disaster, convening shall be mandatory whenever the matter concerns the rights of regions and governorates or the continuity of essential services.
Article (25) — Openness
Sittings of the Council and its committees shall be public. Agendas, minutes, recorded voting results and legislative documents shall be published on an open website in searchable, reusable formats. A closed sitting may be held only for a specific necessity relating to national security, protection of personal data or sensitive negotiations, pursuant to a reasoned decision by a majority of those present. The reason for confidentiality and its duration shall be published.
Article (26) — Quorum and voting
A quorum shall consist of an absolute majority of the Council's total membership. Decisions shall be taken by a majority of the votes of those present unless the Law requires a higher majority. In matters classified as federal-balance legislation, an objection or request for mediation shall take effect only if, in addition to the required majority of members, it is supported by representatives belonging to more than half of the federal units represented in the Council.
Article (27) — Committees
The Council shall establish standing and temporary committees as needed. Their remits shall cover, at a minimum, constitutional affairs and federal relations; legislation; finance and federal revenues; regions, governorates and decentralisation; natural resources; shared public services; human rights; and integrity and transparency. The rules of procedure shall determine the number, composition and remit of committees in a manner that prevents administrative expansion beyond need.
Article (28) — Government and local participation
The Prime Minister, ministers, heads of federal bodies, heads of regional governments, governors or their representatives may attend sittings of the Council or its committees by invitation or upon an accepted request, with the right to speak but not to vote. The Council may invite experts and representatives of civil society, trade unions, professional associations and universities to give evidence on relevant matters.
Chapter Four — Legislative Powers and Relations with the Council of Representatives
Article (29) — General principle of legislative review
Every federal bill adopted by the Council of Representatives after the Federation Council is constituted shall be sent immediately to the Federation Council before being submitted to the President of the Republic, unless it is a decision or measure that does not take the form of a law. The Council shall review it from the perspective of federal constitutional consistency, allocation of powers, effects on regions and governorates, drafting quality, and rights and freedoms, without reopening matters outside its remit in a manner that causes unjustified obstruction.
Article (30) — General time limit
The Council shall determine its position on a referred bill within fifteen working days of receiving its full text, accompanying memorandum and any financial impact statement. It may approve the bill, propose specific amendments, or object to it in whole or in part with written reasons. Expiry of the period without a decision shall constitute approval to proceed with promulgation. The period may be reduced to seven days for a bill declared urgent by a majority of the Council of Representatives, provided that urgency is not used repeatedly to bypass federal review.
Article (31) — Effect of approval
If the Council approves the bill, or the review period expires without a decision, the file shall be returned to the Speaker of the Council of Representatives to complete the procedures for transmission to the President of the Republic in accordance with the Constitution. The Federation Council's approval, or expiry of the period, shall be recorded in the published legislative file.
Article (32) — Proposed amendments
If the Council proposes amendments, the bill shall be returned to the Council of Representatives together with the alternative wording and reasons. The Council of Representatives may accept the amendments in whole or in part under the constitutional voting procedures. If it rejects them, it may readopt the text. The Federation Council may then request mediation once, within five days, if the disagreement is substantive and concerns the federal balance.
Article (33) — General legislative objection
The Council may object to a bill by an absolute majority of its total membership if it considers that the bill substantially affects the interests of federal units, disrupts the allocation of powers, imposes unfunded obligations on them, or violates constitutional safeguards relating to the structure of the federation. The bill shall be returned to the Council of Representatives with the reasons. After considering the objection, the Council of Representatives may amend the text or readopt it by an absolute majority of its total membership, whereupon the objection shall lapse and the promulgation process shall continue.
Article (34) — Federal-balance legislation
For the purposes of this Law, federal-balance legislation comprises bills whose principal subject is: regulating the formation of regions or changing the legal status of federal units; distributing powers between the federal government, regions and governorates not incorporated into a region; regulating local authorities and decentralisation; creating substantial financial obligations for federal units without a funding source; setting rules for horizontal or vertical distribution of federal revenues; managing shared resources where the law directly affects the constitutional powers of regions and governorates; or amending this Law.
Article (35) — Enhanced review of federal-balance legislation
The review period for federal-balance legislation shall not be shortened to fewer than fifteen working days except during a constitutionally declared state of emergency. If the Council objects to the bill by a two-thirds majority of its members, with the regional and governorate support required by Article (26), a joint mediation committee must be formed before the Council of Representatives votes again. The final decision on enactment shall remain with the Council of Representatives within its constitutional powers. Any override of the mediation report and the enhanced objection shall be made by a reasoned decision adopted by an absolute majority of its total membership, with due regard to any special majority required by the Constitution, including the two-thirds majority required to enact or amend this Law.
Article (36) — Joint mediation committee
The mediation committee shall consist of equal numbers of members from the two Councils, no fewer than seven from each, with representation of the relevant committees, political diversity and federal units. It shall meet within five days of the request for mediation and complete its report within ten days, extendable once by five days. It may propose one or more compromise texts. The report and voting records shall be published. Its recommendations shall take effect only after adoption under each Council's procedures.
Article (37) — Government-originated bills
When preparing a government bill with a direct and substantial impact on the powers of regions or governorates not incorporated into a region, the Council of Ministers shall, when referring it to the Council of Representatives, attach a federal impact statement identifying the bodies consulted, the constitutional power relied upon, and the financial impact on each level of government. Absence of the statement shall not invalidate the bill, but the Council may request that it be supplied before the review period expires.
Article (38) — Legislative initiatives of the Council
By a majority of members present, the Council may adopt a federal legislative initiative on matters falling within its representation of regions and governorates and refer it to the Council of Representatives as a memorandum and proposed text. The Council of Representatives shall handle it under Article (60) of the Constitution through the competent constitutional channels. Referral by the Federation Council shall not itself replace the constitutionally designated authority for introducing a draft law or legislative proposal.
Article (39) — General budget
Without prejudice to Article (62) of the Constitution, the Council of Representatives shall send the Federation Council a copy of the draft budget law and data on allocations and transfers to regions and governorates immediately upon receipt or following a substantial amendment. Within ten days, the Council may issue a reasoned opinion on the fairness of distribution, unfunded obligations, federal transfers and regional expenditure indicators. The opinion shall be advisory and published with the report of the Finance Committee of the Council of Representatives. The Federation Council shall have no power to delay approval of the budget once the period has expired.
Article (40) — Final accounts and federal financial oversight
The Council may discuss final reports of the Federal Board of Supreme Audit concerning the distribution of revenues, transfers and expenditure with a regional dimension, and submit its recommendations to the Council of Representatives, the Council of Ministers, regional governments and governorates. This shall not replace the constitutional oversight powers of the Council of Representatives or the powers of the Board of Supreme Audit.
Article (41) — Treaties and agreements
If a bill ratifying an international treaty or agreement affects Iraq's borders, the powers of regions and governorates, shared resources, or long-term financial arrangements with a direct regional impact, it shall be referred to the Council for an opinion within ten days. The power to approve the ratification law shall remain with the Council of Representatives in accordance with the Constitution and the law.
Article (42) — War and states of emergency
When a declaration of war or a state of emergency, or its extension, is requested, the Federation Council shall be provided with the relevant unclassified information and a statement of the anticipated effects on regions and governorates and on continuity of services. The Council may hold an urgent sitting and issue an opinion and recommendations within the time available. Its opinion shall not substitute for the constitutional majorities or procedures prescribed for the Council of Representatives, the President of the Republic and the Prime Minister.
Chapter Five — Federal Oversight, Mediation and Institutional Cooperation
Article (43) — Oversight of the implementation of federalism
The Council shall exercise substantive oversight of the implementation of federal laws from the perspective of respect for constitutional powers and fair treatment of federal units. It may request reports and data, hold hearings, and issue reports and recommendations. The Council shall have no power to withdraw confidence from the government or ministers, or to conduct questioning leading to removal from office. These powers shall remain with the Council of Representatives under the Constitution.
Article (44) — Requests for information and attendance
The Council's committees may request from ministries, federal bodies, regional governments and governorates the data needed to exercise their powers, subject to confidentiality and data protection laws. A response shall be provided within a reasonable period not exceeding thirty days, unless a reasoned legal impediment exists. The Council may request the attendance of an executive official at a hearing. Any unjustified refusal shall be recorded in a public report referred to the competent oversight body.
Article (45) — Non-judicial federal mediation
At the joint request of two or more governmental bodies, the Council may facilitate non-binding mediation in a dispute concerning coordination, allocation of responsibilities or implementation of a federal law. Mediation shall not extend to determining the constitutionality of laws or disputes falling within the jurisdiction of the Federal Supreme Court, nor shall it prevent any party from seeking judicial recourse.
Article (46) — Report on the state of the internal federation
The Council shall issue an annual public report on the state of federal relations and decentralisation. It shall include indicators of compliance with laws, recurring disputes, unfunded obligations, disparities in access to services arising from legislative or institutional shortcomings, and legislative recommendations. The report shall be debated at a public sitting and referred to the Council of Representatives, the Council of Ministers, the Presidency of the Republic, regional governments and governorates.
Article (47) — Cooperation between the two Councils
The two Councils shall establish a joint office to coordinate legislative procedures, exchange texts and documents, and maintain a unified legislative register and referral timetable. Documents shall be exchanged electronically with recorded receipt times. The authenticated digitally or physically signed copy shall provide the basis for calculating time limits.
Article (48) — Joint meetings
Non-voting joint sittings or meetings of the two Councils may be held, at the invitation of their presiding officers, to discuss major national issues or joint reports. No binding legislative decisions shall be adopted in a joint sitting unless the Constitution expressly provides for a joint procedure. Each Council shall vote separately on matters within its own powers.
Article (49) — Coordination with the Federal Supreme Court
Neither the Council nor its committees may issue a binding interpretation of the Constitution or rule on the constitutionality of a law. If a serious constitutional disagreement arises in the course of legislative work, it shall be recorded in the report and addressed through the available constitutional and judicial mechanisms. All Council institutions shall respect the final judgments and decisions of the Federal Supreme Court.
Chapter Six — Administration, Transparency and Conduct
Article (50) — Rules of procedure
The Council shall adopt its rules of procedure by a majority of its members within sixty days of its first sitting, and publish them in the Iraqi Gazette and on its website. The rules shall regulate proceedings of sittings and committees, mediation, parliamentary conduct, conflicts of interest, petitions, public consultations and access to documents, consistently with this Law.
Article (51) — General Secretariat
A professional General Secretariat shall provide legislative, research, administrative and technical services to the Council. It shall be headed by a Secretary-General selected through an open competition on the basis of competence and integrity for a four-year term, renewable once. The rules shall determine the eligibility requirements and procedures for selection and accountability. The Secretariat shall uphold political neutrality, equal opportunity and professional civil service standards.
Article (52) — Staffing and prevention of duplication
During its first three years, the Council shall maximise the use of structures and resources shared with the Council of Representatives, the State Council and federal bodies. Parallel departments shall not be established for functions that can be delivered efficiently through shared-service agreements. Staffing shall be determined on the basis of workload, following review by the Federal Board of Supreme Audit and approval by the Federal Public Service Council where required.
Article (53) — Budget and financial oversight
The Council's expenditure shall be included under a separate heading in the federal general budget to ensure its functional independence. Its accounts shall be subject to oversight by the Federal Board of Supreme Audit and to rules on public expenditure, procurement and integrity. The detailed budget, actual expenditure and contracts shall be published in accordance with transparency laws in force, excluding information protected by law.
Article (54) — Code of conduct and conflicts of interest
Within ninety days, the Council shall adopt a binding code of conduct for members and senior staff covering disclosure of interests, gifts, contacts with lobbying groups, family relationships in recruitment, and use of non-public information for personal benefit. Disciplinary investigation procedures shall be clear and shall guarantee the right of defence, proportionality and publication of final non-confidential decisions.
Article (55) — Petitions and public participation
Any person, organisation or local government may submit a petition to the Council on a matter within its powers. The Secretariat shall provide an electronic system for receiving and tracking petitions. For federal-balance bills, committees shall hold at least one public hearing, unless a declared urgency prevents this, in which case the reasons for not holding a hearing shall be published.
Article (56) — Digital transparency
The Council shall publish in open formats: referred bills, committee reports, proposed amendments, recorded voting results, attendance, minutes of sittings, financial statements, public petitions after protection of personal data, and senior officials' schedules of meetings with interest groups. Digital accessibility standards, access for persons with disabilities and the official languages shall be observed where appropriate.
Article (57) — Information security and protection of documents
The Council shall adopt a system for document classification and protection, cybersecurity and continuity of operations. Disclosure shall be the default, and classification shall not be used to conceal violations or corruption or prevent parliamentary oversight. Classification periods, declassification procedures and challenges to withholding decisions shall be determined in accordance with the law.
Article (58) — Disciplinary violations
The rules of procedure shall define members' disciplinary violations and graduated parliamentary sanctions, ranging from a warning to censure, deduction of part of allowances for unlawful absence, and temporary exclusion from certain committee activities. No sanction affecting the essence of representation or membership may be imposed except under this Law and the safeguards for defence and appeal.
Article (59) — Protection of members' independence
No party, electoral list, executive authority or local body may compel a Council member to vote in a particular way through a legal measure that terminates membership or deprives the member of their rights. Political accountability to voters and political organisations shall remain subject to the law, with respect for freedom of parliamentary conscience and the requirements of representing the federal unit.
Article (60) — Resolving conflicting time limits
If the last day of a legislative period falls on an official holiday, the period shall extend to the next working day. Time limits shall be calculated from the day after recorded receipt. A request for information or a hearing shall not suspend the review period except by a joint decision of the two presiding officers, once only and for no more than five days in non-urgent matters.
Chapter Seven — Transitional, Financial and Final Provisions
Article (61) — Laws in force before the Council is constituted
Federal laws in force before the Council's first sitting shall remain valid and effective and shall not automatically be reopened because the Council has been established. The Council may propose that the Council of Representatives review an existing law if its implementation is found to create a substantial imbalance in federal relations, using the initiative mechanism provided for in this Law.
Article (62) — Pending legislation when the Council begins work
Bicameral review procedures shall apply to bills receiving a final vote in the Council of Representatives after the date of the Federation Council's first sitting. Bills adopted by the Council of Representatives before that date and sent to the President of the Republic shall be completed under the system in force when they were adopted, unless they are reopened legislatively.
Article (63) — Alignment of legislation and procedures
Within one hundred and eighty days of the Federation Council's first sitting, the Council of Representatives shall align its rules of procedure and the necessary provisions of the Council of Representatives and its Formations Law, the election law and related procedural laws with the bicameral system. Executive bodies shall update legislative referral templates to include a federal impact statement where required.
Article (64) — First elections
Within ninety days of publication of this Law, the Commission shall take the technical and organisational measures needed for the first elections. Elections shall be held within no more than two hundred and seventy days of entry into force, unless a general force majeure established according to law prevents this. The necessary financial appropriation shall be provided in the budget or under applicable legal procedures.
Article (65) — Initial institutional preparations
A joint preparatory committee comprising the Council of Representatives, the Council of Ministers, the State Council, the Commission and the Federal Board of Supreme Audit shall be formed within thirty days of the Law's entry into force. Its task shall be to prepare temporary premises, a resource plan, digital infrastructure and draft transitional working rules, without exercising any legislative powers on behalf of the elected Council. The committee shall cease to exist when the first sitting convenes.
Article (66) — Transitional continuation of the powers of the Council of Representatives
Until the Federation Council's first sitting convenes, federal legislative procedures shall continue under the Constitution and laws in force. Publication of this Law shall not create a vacuum or suspend the legislative process. Mandatory referral under this Law shall begin from the first sitting.
Article (67) — Financial implications
Within sixty days of publication of the Law, the Ministry of Finance, in coordination with the Council of Representatives, the Commission and the Federal Board of Supreme Audit, shall prepare a detailed financial estimate covering the cost of the first elections, establishment, annual operation and resources that may be shared with existing institutions. Permanent buildings or extensive new staffing positions may not be created before a needs, cost and institutional benefit assessment has been approved.
Article (68) — Instructions
Once constituted, the Federation Council shall issue the instructions needed to facilitate implementation of this Law within its powers. The Commission shall issue the necessary electoral instructions, and the Council of Ministers shall issue those concerning executive bodies. Instructions shall not alter any right, power or substantive time limit established by the Law.
Article (69) — Conflicts
Any legal provision directly conflicting with this Law shall not apply to the extent of that conflict, with due regard to the supremacy of the Constitution and the express powers of federal authorities. This provision shall not be interpreted as an implied repeal of the powers of a constitutional body where the provisions can be reconciled.
Article (70) — Amendment or repeal of the Law
This Law may be amended or repealed only by a law enacted by a two-thirds majority of the members of the Council of Representatives under Article (65) of the Constitution. Where the Federation Council exists, the proposed amendment shall first be referred to it for its position under the procedures applicable to federal-balance legislation.
Article (71) — Entry into force
This Law shall enter into force on the date of its publication in the Official Gazette. The provisions concerning bicameral legislative review and powers that presuppose the Council's existence shall apply from the date of its first sitting.
IV — Statement of Reasons
This Law is enacted to implement Articles (48) and (65) of the Constitution of the Republic of Iraq; complete the bicameral composition of the federal legislature; ensure the representation of regions and governorates not incorporated into a region in the federal legislative process; achieve a practical balance between the unity of the federal state and the rights of its constitutional units; regulate legislative review, mediation between the two Councils and oversight of the effects of federal legislation on levels of government; and preserve the powers expressly assigned by the Constitution to the Council of Representatives and other authorities.
V — Explanatory Memorandum
1. Why a substantive Federation Council rather than an advisory body?
The Constitution describes the Federation Council as a “legislative council” and establishes a federal legislature comprising two chambers. It is therefore insufficient for its function to consist of general recommendations detached from the legislative process. At the same time, a law may not rewrite the Constitution or remove powers expressly granted to the Council of Representatives. The proposed approach is to involve the Federation Council in every legislative process after the Council of Representatives' vote and before promulgation, with a suspensive objection for general legislation and a stronger mediation pathway for legislation affecting the substance of federalism.
2. Representation: why this numerical formula?
The Council of Representatives represents the population on a national basis, so the Federation Council should not repeat the same population-based logic. The chosen formula gives each governorate not incorporated into a region a fixed weight, while treating a region as a constitutional unit represented by a single delegation whose size equals the original weight of its constituent governorates. If a new region is formed from two governorates, six seats move from two governorate delegations to one regional delegation of six members, without creating a numerical reward or penalty for choosing to form a region.
This design differs from a model that gives equal numbers to each region and each governorate, since equating a multi-governorate region with a single governorate may produce a severe imbalance. It also differs from population-based allocation, which would make the second chamber a smaller copy of the first.
3. Direct election and independent legitimacy
Direct election was chosen so that a Federation Council member would not become a delegate removable by a regional government or governorate council, and so that political accountability would remain to the voters of the represented unit. This is coupled with a clear prohibition on combining membership with executive, judicial or security offices, together with conflict-of-interest rules, transparency and recorded voting.
4. Limits on the power of objection
Article (61/First) assigns enactment of federal laws to the Council of Representatives, while Article (65) empowers the Federation Council law to regulate the latter's powers. To reconcile the two provisions, the bill does not give the Federation Council a final veto over general legislation. It may temporarily halt the process and require the Council of Representatives to reconsider, but a final decision remains possible for the Council of Representatives by a specified majority of its entire membership. For federal-balance legislation, a joint mediation committee must meet before an override. This adds a strong procedural safeguard without transferring final legislative authority outside the constitutional framework.
5. Protecting the budget from obstruction
The budget is the area most closely connected to the distribution of resources between the centre and federal units, but it is also directly governed by Article (62) and linked to the continuity of the state. The bill therefore gives the Council the right to receive data early and issue a public opinion on the fairness of transfers and unfunded obligations. It nevertheless sets a short time limit and expressly states that the opinion shall not delay budget approval once that period has expired.
6. Federal oversight rather than duplicated government oversight
Giving the Federation Council powers of questioning and withdrawal of confidence would create a second centre of political accountability for the government that could conflict with the constitutional structure. The bill therefore focuses on specialised oversight: the effects of federal laws, financial transfers, unfunded obligations, coordination between levels of government, recurring disputes and implementation of decentralisation. The Council may request information, hold hearings and publish reports, but it cannot remove a minister or government.
7. Legislative initiatives
The Constitution specifies the bodies entitled to introduce draft laws and legislative proposals. The bill therefore does not create a parallel route for the Federation Council that could conflict with Article (60). Instead, it permits the Council to adopt a “federal legislative initiative” and refer it to the Council of Representatives as a text and memorandum. It then passes through the competent constitutional body within the Council of Representatives or the government. This gives the Council a genuine capacity to generate legislative ideas without claiming a power not expressly granted by the Constitution.
8. Preventing the Council from becoming an oversized administrative apparatus
Independence does not mean duplicating every department of the Council of Representatives. The bill therefore requires shared services in the early years, prohibits permanent buildings or large staffing establishments before needs are assessed, and subjects expenditure to the Board of Supreme Audit's oversight. This matters because the actual cost depends on staff numbers, the electoral system, premises, the level of digitalisation and the scale of committees. These variables do not permit a responsible financial figure before an official estimate is prepared.
9. The Council's relationship with the Federal Supreme Court
The Council is neither a constitutional court nor a dispute adjudication body. The mediation it facilitates between levels of government is non-binding and does not prevent judicial recourse. If a disagreement concerns the constitutionality of a law or interpretation of a provision, determination remains with the competent constitutional judicial authority. This separation is necessary to avoid politicising the judiciary or turning the Federation Council into a supraconstitutional arbitration body.
VI — Alignment with Existing Legislation
| Legislation / instrument | Required alignment | Priority |
|---|---|---|
| Council of Representatives and its Formations Law No. 13 of 2018 | Coordinate the transmission of laws, joint offices and document exchange, and avoid institutional descriptions that effectively assume a unicameral legislature. | High |
| Council of Representatives Rules of Procedure No. 1 of 2022, as amended | Add chapters on referral to the Federation Council, reconsideration following an objection, formation of the mediation committee and calculation of time limits. | High |
| Independent High Electoral Commission Law No. 31 of 2019, as amended | Add the administration of Federation Council elections to the express procedural powers where necessary. | High |
| Election Law No. 12 of 2018, as amended | Align voter registration, appeals, campaigning, finance and electoral offences with Council elections insofar as they are not directly regulated by this Law. | High |
| Rules for preparing government bills | Add a “federal impact statement” for bills affecting the powers or finances of federal units. | Medium |
| Legislative publication and archiving systems | Show the referral date, the Federation Council's position and the mediation report in the published legislative record. | Medium |
Establishing the Council should not be used to abolish existing structures that are compatible with it. The purpose is to amend only the procedural interfaces, while retaining expertise and shared services wherever they are more efficient.
VII — Transitional Provisions and Financial and Implementation Implications
Transitional pathway
- The Council of Representatives issues the decision required by Article (137), by the constitutionally prescribed majority, before enacting the law, in accordance with the Federal Supreme Court's interpretation.
- The law itself is adopted by a two-thirds majority of the members of the Council of Representatives.
- The Commission begins electoral preparations within 90 days, alongside completion of the temporary structure and shared services.
- The first elections are held no later than 270 days after entry into force.
- Bicameral review begins from the first sitting and applies to laws voted on by the Council of Representatives after that date.
- The Council of Representatives' rules and law, and the electoral rules, are aligned within 180 days of the first sitting.
Financial implications
The Council entails real expenditure: regular elections, members' remuneration, a legislative secretariat, digital systems, committees, security and premises. However, fixing a total figure at this stage would create false precision because the cost of premises, the proportion of infrastructure shared with the Council of Representatives and staffing levels have not yet been settled. The bill therefore adopts a binding costing method rather than an assumed figure.
The official estimate consists of: (a) the cost of the first and subsequent elections, calculated by the Commission; (b) one-off establishment costs, including equipment, digital systems and temporary premises; (c) annual operating costs, including members, staff, committees and services; (d) savings from resources shared with the Council of Representatives and federal bodies; and (e) the opportunity cost of any new building or additional staffing. The Board of Supreme Audit shall review the estimation method before capital expansions are approved.
Feasibility of implementation
The main implementation challenge is not creating a new chamber, but establishing a timetable protocol that prevents conflicting deadlines and legislative obstruction. The bill therefore requires electronic, time-stamped referral, sets short deadlines, treats expiry of the period for general legislation as consent to proceed, and limits mandatory mediation to legislation directly affecting the federal balance.
VIII — Relevant Comparative Legislation
The bill does not assume that a foreign model should be copied unchanged. Comparison is used here to identify institutional tools that can be adapted to the Iraqi constitutional text.
| Model | Mechanism | Relevance for Iraq | What was not adopted |
|---|---|---|---|
| Germany — Bundesrat | State representation in legislation; referral of laws from the Bundestag to the Bundesrat; a mediation committee; an overridable objection for some laws and mandatory consent for categories affecting state interests. | Mandatory review, mediation and varying the strength of the second chamber according to a law's impact on the constituent units. | Membership drawn from state governments and a unified vote for each state. The Iraqi bill instead uses direct election and individual voting, with a geographical support test for certain decisions. |
| South Africa — National Council of Provinces | A delegation for each province, a special procedure for legislation affecting provinces, and a mediation committee in the event of disagreement. | Classifying legislation by its provincial impact and linking the second chamber's procedural strength to the nature of the law. | A system of delegation mandates and voting as a single unit; this does not suit the proposed Iraqi design of directly elected membership. |
| Iraq — Constitution | A legislative council representing regions and governorates not incorporated into a region, with broad delegation to legislation to regulate its composition and powers. | The possibility of designing asymmetric bicameralism that accommodates Iraq's circumstances while remaining within constitutional powers. | An absolute veto or transfer of express powers from the Council of Representatives may not be imported without constitutional amendment. |
IX — Sources and References
A. Iraqi Constitution, judiciary and legislation
- Iraqi Council of Representatives — Constitution of the Republic of Iraq, 2005, particularly Articles 47–65 and 137.
- Federal Supreme Court — Decision 72/Federal/2012 on the constitutional pathway preceding enactment of the Federation Council law.
- Ministry of Justice — Iraqi Gazette, issue 4499, containing the Council of Representatives and its Formations Law No. (13) of 2018.
- Iraqi Council of Representatives — Rules of Procedure, with due regard to Rules of Procedure No. (1) of 2022, as amended.
- Ministry of Justice — Iraqi Gazette, issue 4569, containing the Independent High Electoral Commission Law No. (31) of 2019.
- Ministry of Justice — Iraqi Gazette, issue 4752, containing the First Amendment to the Commission Law, No. (34) of 2023.
- Ministry of Justice — Iraqi Gazette, issue 4718, containing Law No. (4) of 2023, the Third Amendment to Election Law No. (12) of 2018.
B. Recent parliamentary developments
- Iraqi Council of Representatives, 21 August 2026 — Deputy Speaker's statement on the absence of the Federation Council and the gap in the legislative structure.
- National Iraqi News Agency, 7 September 2026 — Discussion of the Federation Council law among priority fundamental laws.
- Iraqi Council of Representatives — Research Department, catalogue entry “Observations on the Draft Federation Council Law”, 17 August 2025.
C. Official comparative legislation
Ali Zuweid's Political Programme · POL-01 · Version 1.0 · 5 October 2026