Ali Zuweid's Political Programme · Proposed legislation · State, Constitution, Justice, Rights and Governance
Judicial Authority and Public Prosecution: Independence and Governance Bill
An institutional framework for administering the federal judiciary and Public Prosecution through independence, competence, transparency and fair accountability, safeguarding the lawful judge, regulating appointment, promotion, transfer and discipline, and developing judicial supervision, electronic case allocation and detention oversight.
Executive Summary
The bill proposes consolidating the federal judiciary's governing legal structure in one institutional law, replacing the dispersion of its core rules across the Supreme Judicial Council Law, Judicial Organization Law, Judicial Supervision Authority Law and Public Prosecution Law. It clearly separates judicial administration from adjudication, professional supervision from reassessment of judgments, and the Public Prosecution's protection of legality and the public interest from routine government legal representation.
The bill redesigns the Supreme Judicial Council, retaining core judicial offices while expanding professional representation through judges and prosecutors elected by their peers. It establishes public criteria for nomination, promotion, transfer and administrative positions, and prevents transfers, secondments or assessments from pressuring judicial decisions. It also separates disciplinary investigation, prosecution and adjudication and guarantees appeals against serious sanctions.
The bill retains the Public Prosecution as an independent component of the federal judiciary, strengthens its professional impartiality and oversight of lawful investigation, detention, enforcement and detention facilities, and develops specialized offices and public-funds protection while preventing overlapping jurisdiction with the Integrity Commission and investigative and oversight bodies.
The bill does not change the Federal Supreme Court's constitutional status: it remains financially and administratively independent under its special law. It also preserves the constitutional requirement for Council of Representatives approval of appointments of the President and members of the Federal Court of Cassation, the Chief Public Prosecutor and the Head of the Judicial Supervision Authority. Politicization risks are addressed through transparent professional nomination mechanisms rather than overriding constitutional provisions by ordinary law.
Constitutional and legal context
The Constitution of the Republic of Iraq establishes the independence of the judiciary and judges and prohibits interference by any authority in the judiciary and justice affairs. It lists the federal judiciary's components, including the Supreme Judicial Council, Federal Court of Cassation, Public Prosecution, Judicial Supervision Authority, Federal Supreme Court and other federal courts. It assigns the Supreme Judicial Council responsibility for administering judicial affairs, supervising the federal judiciary, proposing its budget and nominating senior judicial officeholders requiring parliamentary approval.
Current legislation distributes this structure across separate laws. Supreme Judicial Council Law No. 45 of 2017 governs the Council and its powers; Public Prosecution Law No. 49 of 2017 governs the service and its powers; Judicial Supervision Authority Law No. 29 of 2016 governs inspection, evaluation and conduct investigations; and Judicial Organization Law No. 160 of 1979, as amended, continues to regulate essential aspects of court formation, judges' affairs and the Federal Court of Cassation.
Official practice in 2026 confirms the Council's continued use of these laws for promotion, transfer, secondment and appointments. Parliamentary discussions in August 2026 also show interest in developing the Public Prosecution Law and its role in corruption cases and protecting public funds.
Legislative Gap
The problem is not the absence of federal judicial institutions, but fragmented governing rules from different legislative generations. This creates an impractical separation among Council administration, court organization, judicial supervision, judicial careers and prosecution, although these functions belong to one system requiring consistent independence and accountability safeguards.
Modern judicial administration also needs express rules on electronic case allocation, audit logs, institutional transparency, data protection, continuity and cybersecurity; separation of performance indicators from judgment content; and control of transfers and secondments so they do not become pressure tools. Conversely, protecting independence must not become immunity from accountability for corruption or serious misconduct.
Proposed legislative policy
| Area | Proposed Policy |
|---|---|
| Supreme Judicial Council | Expand professional representation to judges and prosecutors elected by peers while retaining judicial leadership positions. |
| Senior nominations | Published criteria and professional comparative assessment, retaining parliamentary approval where constitutionally required. |
| Appointment and promotion | Competition, merit, integrity and experience, prohibiting quota allocation, patronage and political influence. |
| Transfer and secondment | Reasoned decisions open to grievance, preventing use as disguised punishment or a means of influence. |
| Judicial supervision | Assess conduct and performance without questioning judges over outcomes or substituting for appeals. |
| Accountability | Separate investigation, prosecution and disciplinary adjudication, guaranteeing defence, reasons and appeal. |
| Public Prosecution | Professional independence and impartiality, oversight of investigation, detention and enforcement, and specialized offices. |
| Case management | Transparent electronic allocation, logging every manual change and preventing unlawful assignment of a judge to a particular case. |
| Security and integrity | Protect judges, prosecutors and their families when at risk, with mechanisms to detect corruption and conflicts of interest. |
| Transparency | Publish judgments, principles and institutional data while protecting investigative confidentiality and sensitive information. |
Judicial Authority and Public Prosecution: Independence and Governance Bill
In the name of the people
Pursuant to the Constitution, to organize the federal judiciary and ensure its independence, governance and integrity; regulate judges, prosecutors, the Judicial Supervision Authority and federal courts; and strengthen fair-trial rights and modern judicial administration, the following Law is enacted:
Part One — General Principles and Scope
Article (1) — Title
This Law shall be called the “Judicial Authority and Public Prosecution: Independence and Governance Law”. Its title shall not be interpreted as placing the Federal Supreme Court under the Supreme Judicial Council's institutional administration.
Article (2) — Objectives
The Law aims to preserve institutional, judicial and prosecutorial independence; unify core federal judicial administration rules; improve competence, integrity and transparency; ensure fair accountability; and develop access to justice and judicial services.
Article (3) — Constitutional Basis
This Law shall be interpreted in light of constitutional provisions on judicial independence, the composition of the federal judiciary and Supreme Judicial Council, and appointment and discipline of judges and prosecutors, prohibiting any authority's interference in the judiciary or justice affairs.
Article (4) — Scope
This Law applies to the Supreme Judicial Council, Federal Court of Cassation, federal courts under its administration, Public Prosecution, Judicial Supervision Authority, judges, prosecutors and judicial administration staff unless the Constitution or a special law provides otherwise.
Article (5) — Federal Supreme Court Independence
The Federal Supreme Court remains financially and administratively independent under its special law. Neither the Supreme Judicial Council nor the Judicial Supervision Authority has administrative or disciplinary power over its members. Coordination is limited to services or common matters not affecting independence.
Article (6) — Administrative and Military Justice
This Law does not affect powers governed by the State Council Law or administrative or military justice laws. Military justice remains constitutionally limited, and special or exceptional courts are prohibited.
Article (7) — Institutional Independence
The federal judiciary has financial and administrative independence within constitutional limits and manages its budget, personnel and systems without executive subordination. It remains subject to public-funds oversight that does not extend to reviewing judgments.
Article (8) — Individual Independence
Judges decide independently, subject only to law. No administrative or judicial superior or oversight body may direct a particular outcome or hold a judge accountable merely for disagreement with a good-faith interpretation within the law.
Article (9) — Prosecutorial Independence
Prosecutors shall act according to law, evidence, the public interest and impartiality and receive no political, executive or security orders concerning individual cases.
Article (10) — Equality and Equal Opportunity
Judicial and prosecutorial affairs shall be administered through merit, equal opportunity and non-discrimination, removing unjustified barriers preventing qualified candidates from different governorates and groups from entering judicial careers.
Article (11) — Definitions
“Council” means the Supreme Judicial Council; “Court”, the Federal Court of Cassation where used in that sense; “Authority”, the Judicial Supervision Authority; “Service”, the Public Prosecution; “judicial member”, a judge or prosecutor according to context; and “judicial platform”, the officially approved electronic system for judicial administration.
Part Two — Components of the Federal Judiciary and Institutional Boundaries
Article (12) — Judicial Components
For this Law, the federal judiciary comprises the Supreme Judicial Council, Federal Court of Cassation, Public Prosecution, Judicial Supervision Authority and other federal courts organized by law, respecting the Federal Supreme Court's particular independence.
Article (13) — Unity of the Justice System
Judicial unity does not merge distinct functions. Administration remains separate from adjudication, supervision from appeals, and the Public Prosecution professionally independent within the judicial structure.
Article (14) — Federal Court of Cassation
The Federal Court of Cassation is the highest judicial body exercising judicial oversight of federal courts within procedural-law limits, operating through general and specialized panels according to law.
Article (15) — Federal Courts
Federal court levels and jurisdictions shall reflect the lawful-judge principle, specialization, geographic distribution and workload. No court or judicial panel may be created or abolished to address a particular person or event.
Article (16) — Appellate Presidencies
A Federal Court of Appeal presidency is a judicial and administrative unit managing courts in its area according to law. Its president may not interfere with a judge's conviction or direct judgment in a pending case.
Article (17) — Public Prosecution Service
The Public Prosecution Service is a component of the federal judiciary with legal personality and administrative, financial and professional independence within this Law.
Article (18) — Judicial Supervision Authority
The Judicial Supervision Authority is a federal judicial component responsible for inspection, evaluation and investigation of conduct and performance under prescribed safeguards. It neither acts as an appellate body nor directs judicial outcomes.
Article (19) — Regional Powers
Regions' constitutional judicial powers shall be respected. Cooperation, jurisdictional disputes, judgment enforcement and data exchange between federal and regional judiciaries shall follow the Constitution and laws in force.
Article (20) — Prohibition of Exceptional Courts
Temporary courts or judicial panels for a specified person, event or dispute are prohibited. This does not prevent permanent specialized courts with general, abstract jurisdiction rules.
Article (21) — Resolving Jurisdictional Disputes
Jurisdiction rules shall prevent negative conflicts and preserve access to justice. Competent judicial bodies shall provide prompt resolution mechanisms under the Constitution and law.
Part Three — Supreme Judicial Council
Article (22) — Personality and Independence
The Supreme Judicial Council is a financially and administratively independent public legal person based in Baghdad, representing the federal judiciary in administrative and institutional matters within its powers.
Article (23) — Council Composition
The Council comprises the President of the Federal Court of Cassation as chair, the Chief Public Prosecutor, the Head of the Judicial Supervision Authority, four Federal Court of Appeal presidents elected by peers, six judges of different grades elected by judicial bodies, and two prosecutors elected by Service members.
Article (24) — Professional Elections
Council elections shall be direct and secret, supervised by an independent judicial committee. Instructions shall regulate nomination, objections, voting and results to prevent administrative influence over voters' choices.
Article (25) — Membership Term
Elected members serve three years, renewable once. Membership ends on loss of qualifying office, resignation, loss of eligibility or a final disciplinary decision barring membership.
Article (26) — Conflicts of Interest
A Council member shall abstain from decisions concerning their own appointment, promotion, transfer or accountability, those of relatives through the fourth degree, or anyone with whom they have a direct interest. Abstention shall be minuted.
Article (27) — Council Powers
The Council shall administer judicial bodies; nominate constitutionally designated officeholders and qualified judicial appointees; manage careers; propose the budget and judicial legislation; and adopt administrative, security and digital policies.
Article (28) — Limits on Council Powers
The Council may not alter or suspend a judgment, direct a judge in a pending case or initiate accountability proceedings over a judgment merely because it conflicts with an administrative or political view. Judicial errors remain subject to appeals.
Article (29) — Meetings
The Council shall meet at least monthly. Emergency meetings may be requested by its chair or one-third of members. Two-thirds constitute a quorum; decisions require a majority present unless a higher majority is prescribed.
Article (30) — Minutes and Transparency
Meeting minutes, voting results and reasons for institutional decisions shall be recorded. General decisions shall be published unless they contain personal data or information affecting pending cases or judges' security.
Article (31) — Rules of Procedure
The Council shall issue rules governing committees, working methods and transparency safeguards. These rules may not create powers affecting judges' or prosecutors' rights absent from the Law.
Article (32) — Annual Report
The Council shall publish an annual report on justice, court workloads, case duration, resources, budget, training and digital transformation without disclosing investigative or deliberative secrets.
Article (33) — Relationship with the Council of Representatives
The budget, constitutional nominations, bills and annual report shall be submitted to the Council of Representatives within constitutional limits. Parliamentary oversight does not extend to questioning a judge about a judgment or pending case.
Part Four — Senior Judicial Nominations
Article (34) — Professional Nomination Principle
Senior judicial nominations shall follow published criteria covering seniority, competence, integrity, independence, experience, managerial ability, work quality and conduct. Party affiliation, quota allocation or political endorsement may not be nomination criteria.
Article (35) — Nominations Committee
A standing Council nominations committee shall comprise judges and prosecutors with no personal interest in the vacancy, using a unified candidate register and auditable professional comparative assessment.
Article (36) — Vacancy Announcement
Senior judicial vacancies, requirements and application periods shall be announced within the judiciary, giving eligible persons equal opportunity to apply or be nominated.
Article (37) — Professional Interview
Documented professional interviews may assess experience, management, integrity and independence. Questions about party affiliation or positions, or expected outcomes of pending disputes, are prohibited.
Article (38) — Shortlist
The committee shall prepare a shortlist with reasons for its ranking. The Council may seek further information or reassessment, but ranking may change only by a recorded, reasoned decision.
Article (39) — Constitutional Nominations
The Council shall nominate the President and members of the Federal Court of Cassation, the Chief Public Prosecutor and the Head of the Judicial Supervision Authority and submit nominations for parliamentary approval under the Constitution.
Article (40) — Nomination File
A standardized professional file shall demonstrate eligibility, experience, final disciplinary record and a declaration of interests, without irrelevant personal data or judicial secrets.
Article (41) — Prohibition of Political Undertakings
Candidates may not promise a party, bloc or official particular case outcomes, judicial approaches or future appointments. Proven breaches justify withdrawal of nomination or accountability proceedings.
Article (42) — Transparency without Politicization
Criteria and concise professional biographies may be published. Internal deliberations and material usable to pressure candidates in future cases shall remain confidential.
Article (43) — Completing Appointment
Following constitutional or statutory approval, appointment shall be made by republican decree where required. A nominee may not exercise the substantive office's powers before completion.
Part Five — Budget and Administrative and Financial Independence
Article (44) — Budget Preparation
The Council shall draft the federal judiciary's annual budget based on actual needs of courts, prosecution, supervision, digital infrastructure, protection, buildings and training, submitting it to the Council of Representatives under the Constitution.
Article (45) — Independent Financial Execution
Judicial appropriations shall be executed through competent financial units without executive approval of individual expenditures after budget enactment, subject to public financial audit and oversight rules.
Article (46) — Prohibition of Financial Pressure
Judicial bodies' or courts' allocations may not be reduced or withheld because of a judgment, judicial approach or particular case. Any such attempt constitutes interference in justice affairs.
Article (47) — Financial Transparency
The Council shall publish an annual budget, expenditure, procurement and contracts summary, excluding protection and security details and information whose disclosure creates a specific risk.
Article (48) — Judicial Procurement
Judicial procurement shall follow competition, integrity and value-for-money principles. Sensitive systems may use special security procedures if documented and audited.
Article (49) — Internal Audit
Professional internal audit, administratively independent of spending units, shall report to the Council without interfering in judicial work.
Article (50) — Buildings Plan
A national judicial buildings plan shall reflect population density, caseload, distance, safety and disability access. Buildings shall not be established merely for symbolic reasons.
Article (51) — Non-Judicial Personnel
Court staff posts shall be managed through competence, integrity and impartiality. Staff may not be transferred or appointed to influence a case or judge.
Article (52) — Digital Sustainability
A distinct budget line shall cover judicial system maintenance, cybersecurity, backups, archiving and continuing upgrades. Digitization shall not be treated as ending with system purchase.
Article (53) — Continuity of Justice
Within budget provisions, the Council shall plan continued court and prosecution operations during disasters, crises, communications outages and cyberattacks.
Part Six — Judicial Organization and Federal Courts
Article (54) — Judicial Map
The Council shall adopt and periodically review a national judicial map based on population, caseload, distance, specialization and infrastructure. Changes shall not deprive an area of reasonable judicial access.
Article (55) — Types of Courts
Under procedural and substantive laws, federal courts comprise cassation, appeal, first-instance civil, personal status, felony, misdemeanour, investigation, juvenile and labour courts, and other legally established specialized courts.
Article (56) — Judicial Specialization
Permanent panels or courts may specialize in commercial, family, labour, financial, environmental or digital matters where jurisdiction criteria are general and public and specialization does not create exceptional justice.
Article (57) — Composition of Panels
Judicial panels shall be formed in advance under general work, rotation and specialization rules. Composition may not be changed after filing to influence a case's outcome.
Article (58) — Court Presidents
Court presidents manage administration, resources and administrative discipline without authority over judicial outcomes. They shall report serious external pressure on judges in their courts to the Authority.
Article (59) — Electronic Allocation
Cases shall, as far as possible, be allocated through a unified electronic system using pre-announced rules on jurisdiction, specialization, workload and rotation. Every manual change, reason and responsible person's identity shall be recorded.
Article (60) — Allocation Exceptions
Electronic allocation may be overridden only for failure, conflict of interest, legal impediment or documented operational necessity. The exceptions register shall be audited.
Article (61) — Temporary Assignment
Judges may be temporarily assigned to meet staffing or specialist needs by reasoned, time-limited decision. Assignment may not be disguised punishment or a way to remove a judge from a case.
Article (62) — Digital Court
Electronic divisions and remote services may be established within existing courts. A digital court is not exceptional if jurisdiction, composition and appeal rules follow general rules.
Article (63) — Shared Services
Central translation, expert, service-of-process, archiving, technical support and statistical services may be established without impairing judicial independence or performing purely judicial functions.
Article (64) — Service Standards
Courts shall publish standards for filing, copies, inquiries, appointments and administrative complaints. These shall not prejudice the time needed for independent adjudication.
Part Seven — Federal Court of Cassation
Article (65) — Function
The Federal Court of Cassation shall oversee correct application of law, unify judicial principles and determine statutory disputes, jurisdictional issues and appeals. It shall not retry facts beyond procedural limits.
Article (66) — Composition
The Court shall comprise a president, vice-presidents and sufficient judges to form general and specialized panels and maintain operations without unjustified backlogs.
Article (67) — Appointment
The Council shall nominate the Court's president and judges under this Law's professional procedures, submit them for parliamentary approval and complete appointment constitutionally.
Article (68) — General Panel
The General Panel shall decide departures from settled principles, reconcile conflicting approaches and determine statutory matters, explaining reasons and effects of any departure.
Article (69) — Specialized Panels
Civil, commercial, criminal, personal status, labour and other panels shall be established as needed, with cases allocated under published rules.
Article (70) — Publication of Principles
Principles and judgments of general value shall be published in a free searchable database, identifying the panel, date and whether the principle remains applicable or has been departed from.
Article (71) — Consistency of Jurisprudence
Departure from a settled principle requires specific reasons balancing correction of error with stability of transactions and legal positions.
Article (72) — Conflicts of Interest
The Court's president and judges are subject to this Law's recusal and interests-disclosure rules. A case shall be automatically reassigned when an impediment arises.
Article (73) — Performance Assessment
Cassation judges shall not be assessed by affirmance or reversal rates or administrative agreement with their legal approach, but by diligence, quality, reasoning, reasonable professional timeliness and conduct.
Article (74) — Internal Administration
The Court's presidency shall administer its affairs and panel schedules under approved rules, without using administration to influence a particular case.
Part Eight — Appointment to the Judiciary and Public Prosecution
Article (75) — General Requirements
A judicial or prosecutorial appointee must be an Iraqi of full legal capacity and good character, possess the required legal qualification, meet training and experience requirements, and have no conviction for an offence compromising honour or integrity unless legally rehabilitated consistently with the office's nature.
Article (76) — National Competition
Admission to a judicial career shall follow transparent national competition, legal and analytical examinations, a structured interview and lawful integrity vetting. Criteria and weights shall be announced before testing.
Article (77) — Judicial Institute
The Judicial Institute shall be academically and administratively affiliated with the Supreme Judicial Council, providing initial and continuing training through modern, professionally independent curricula.
Article (78) — Experienced Entry Routes
Limited routes may admit distinguished lawyers, legal professionals and academics, subject to testing, mandatory judicial training and safeguards against political appointment.
Article (79) — Integrity Vetting
Vetting includes statutory interests and asset disclosure and verification of professional and disciplinary records. It shall not extend to lawful opinions or activities that do not indicate lack of impartiality.
Article (80) — Prohibition of Patronage
Seeking or accepting intervention from an official, party, bloc or influential body for judicial or prosecutorial appointment is prohibited. Proven candidate collusion entails exclusion.
Article (81) — Results and Objections
Candidate numbers, results and rankings shall be published without sensitive data. Candidates may challenge score calculation or competition irregularities before an independent committee.
Article (82) — Appointment of Judges
The Council shall nominate qualified judicial appointees and send nominations to the Presidency of the Republic for republican decrees under the Constitution and law.
Article (83) — Appointment of Prosecutors
Prosecutors shall be appointed under the same entry and qualification criteria or equivalent professional standards and enjoy their prescribed employment safeguards.
Article (84) — Induction
New appointees shall receive induction and professional supervision without interference in judicial conviction. Assessment shall cover skills, conduct, diligence and work quality.
Article (85) — Ethical Declaration
Upon taking office, a judicial member shall declare commitment to the code of conduct, conflicts rules, confidentiality and independence. The declaration does not replace legal responsibility.
Part Nine — Career Progression, Promotion, Transfer and Secondment
Article (86) — Professional File
Every judge and prosecutor shall have a secure digital professional file containing career decisions, evaluations, training and final sanctions, with rights to inspect and challenge inaccurate data.
Article (87) — Promotion
Promotion shall reflect seniority, competence, integrity, performance quality, training and experience, not conviction rates, judgment trends or political or administrative approval.
Article (88) — Periodic Assessment
Periodic professional assessment shall follow published criteria for time management, reasoning quality, conduct, diligence and development. Reversal alone shall not punish a judge unless it reveals separate disciplinary misconduct.
Article (89) — Right to Respond
Members shall receive assessment results and reasons, have reasonable time to submit observations and evidence, and may request review by another committee.
Article (90) — Transfer
A judge or prosecutor may not be permanently transferred without a legitimate administrative or professional reason. Personal circumstances and court needs shall be considered; transfer as a punishment not prescribed by law is prohibited.
Article (91) — Transfer without Consent
Where justice requires transfer without consent, the decision shall be reasoned and open to grievance. It may not target removal from a case or punish a professional position.
Article (92) — Secondment
Secondment shall have a defined purpose and duration and be centrally registered to prevent repeated use undermining security of tenure.
Article (93) — Specialization
Specialist judicial career tracks shall cover complex fields such as commerce, corruption, organized crime, digital crime, family, juveniles and labour, based on training and experience.
Article (94) — Administrative Positions
Administrative posts shall reflect leadership competence, integrity and performance records, not seniority alone, with reasonable terms of tenure.
Article (95) — External Secondment
A judge or prosecutor may not be seconded to executive or political work creating subordination or conflict with independence. Placements with academic, judicial or international legal institutions may occur under published rules.
Article (96) — Return to Service
Leave and return shall follow uniform rules. After a prolonged absence, professional updating is required before resuming complex cases.
Article (97) — Retirement
Retirement rules shall preserve independence and dignity, preventing service extensions or denial of benefits from becoming pressure mechanisms.
Part Ten — Safeguards for Independence, Security and Functional Immunity
Article (98) — Prohibition of Interference
No person or body may contact a judge or prosecutor to influence a case's outcome outside lawful channels. This does not prohibit submissions, applications or disclosed procedural communications.
Article (99) — Reporting Interference
Judicial members shall report serious work-related pressure or threats to the competent body and be protected against occupational retaliation for good-faith reporting.
Article (100) — Interference Register
The Council shall maintain a confidential register of serious interference attempts or threats and responses. Annual reports shall contain aggregate data without identifying protected persons.
Article (101) — Security Protection
The Judicial Guards Directorate or a specialized judicial unit shall protect courts, judges, prosecutors and families facing work-related risk, coordinating with security agencies without subordinating judicial decisions to them.
Article (102) — Risk Assessment
Protection shall rest on documented professional risk assessment subject to periodic review, and shall not become a permanent privilege or means of monitoring judicial members.
Article (103) — Functional Immunity
A judge shall not incur civil or disciplinary liability for a good-faith legal interpretation or judicial assessment merely because it is reversed or differs from another interpretation. Liability remains for corruption, fraud, bad faith or serious abuse.
Article (104) — Criminal Proceedings
Alleged criminal conduct by a judge or prosecutor shall be addressed with safeguards against malicious prosecution and for investigative independence. Judicial status shall not prevent lawful prosecution supported by evidence.
Article (105) — Arrest and Detention
Measures depriving judicial members of liberty require lawful, competent judicial supervision and notification of the relevant judicial body under legal safeguards.
Article (106) — Data Protection
Residential, movement and associated persons' data shall be protected where disclosure creates work-related risk, without concealing legally mandatory declarations.
Article (107) — Court Security
Each appellate area shall prepare and periodically test plans for security, evacuation, preservation of files and evidence, and hearing continuity.
Article (108) — Security Cooperation
Security support for courts shall follow a request or lawful protocol. Personnel may not enter deliberation rooms or inspect files without judicial authorization within the assignment's limits.
Article (109) — Unlawful Influence
This Law does not prejudice any stricter penalty for threatening, bribing, pressuring or retaliating against a judge, prosecutor, witness or expert.
Part Eleven — Judicial Conduct and Conflicts of Interest
Article (110) — Conduct Values
Judicial conduct rests on independence, impartiality, integrity, propriety, equality, competence and diligence. The ethics code shall be interpreted through these values and judicial members' fundamental rights.
Article (111) — Recusal
A judge or prosecutor shall recuse themselves for a direct interest of their own, spouse or relative, prior representation of a party, or circumstances giving a reasonable observer legitimate doubt about impartiality.
Article (112) — Disclosure
Matters short of mandatory recusal but capable of raising reasonable suspicion shall be disclosed through prescribed procedures and their effect legally determined.
Article (113) — Gifts and Benefits
Accepting gifts, benefits or unusual hospitality because of judicial office is prohibited. The code shall define symbolic and protocol gifts and their registration or return.
Article (114) — Financial Interests
Judicial members shall disclose and update legally required financial interests and may not own or manage a commercial interest conflicting with their duties.
Article (115) — Outside Work
Judicial office may not be combined with legislative or executive office or other constitutionally prohibited work. Compatible academic or scientific activity is permitted under Council rules.
Article (116) — Political Activity
Judges and prosecutors may not belong to political parties or organizations or engage in political activity. Abstract scholarly expression on a legal issue is not political activity unless it becomes party advocacy.
Article (117) — Public Communication
Members may participate in legal and scholarly education while avoiding comments on pending cases that prejudge outcomes, harm parties' rights or raise serious doubts about impartiality.
Article (118) — Social Media
Independence, confidentiality, propriety and conflicts rules apply to social media. No general prohibition may exceed the requirements of the office's nature.
Article (119) — Relatives and Lawyers
Where a relative within the statutory degree appears as counsel before a judge's court, or the judge has a close professional relationship with counsel in the case, recusal or disclosure rules apply as appropriate.
Article (120) — After Service
Confidential information or official relationships may not be exploited after retirement. An appropriate restriction period shall govern appearances before a panel formerly chaired by the member where immediate transition creates a serious conflict.
Article (121) — Code of Conduct
The Council shall adopt a published code of conduct consistent with this Law. It may not create a new disciplinary offence carrying a penalty absent from the Law.
Part Twelve — Judicial Supervision Authority
Article (122) — Authority Independence
The Judicial Supervision Authority has legal personality and professional independence as a federal judicial component. Its technical reports shall not be directed towards a particular investigative or evaluative result.
Article (123) — Composition
The Authority comprises a head, deputy and sufficient experienced, upright judicial supervisors, with units for courts, prosecution, complaints and performance analysis.
Article (124) — Appointment of the Head
The Council shall nominate the Authority's head under this Law's criteria and seek parliamentary approval under the Constitution, followed by a republican decree where required.
Article (125) — Supervisors
Judicial supervisors shall be selected through internal professional competition from judges or prosecutors with proven experience, subject to recusal and conflicts rules.
Article (126) — Powers
The Authority shall monitor sound administrative and professional performance in courts and prosecution, assess competence, investigate conduct complaints and recommend reforms, without interfering in judicial or prosecutorial conviction.
Article (127) — Separation of Assessment from Judgment
Supervisors may not question why a judge ruled for a party or direct a particular interpretation in a pending case. Work regularity, reasoning and procedural compliance may be assessed without encroaching on appeals.
Article (128) — Receiving Complaints
The Authority shall accept written or electronic complaints containing specific facts. Malicious or unspecified complaints may be closed by reasoned decision. Mere dissatisfaction with a judgment is not a disciplinary complaint.
Article (129) — Notice to the Subject of a Complaint
When a conduct investigation begins, the judicial member shall receive timely notice of its subject and rights to respond, inspect non-confidential evidence and obtain representation according to law.
Article (130) — Investigative Powers
Judicial supervisors may request files and records and hear statements in disciplinary investigations. This does not extend to deliberative secrecy or compelling judges to defend the legal opinion itself.
Article (131) — Assessment Criteria
Criteria shall balance quantitative and qualitative measures. Speed alone may not displace quality or defence rights; conviction rates and judgment amounts are not competence measures.
Article (132) — Report Review
Members may challenge their report within a specified period before a committee whose members did not prepare the original assessment.
Article (133) — Annual Report
The Authority shall publish annual aggregate data on complaints, violation types, evaluation outcomes and institutional weaknesses, protecting confidentiality and personal data.
Part Thirteen — Judicial Accountability and Discipline
Article (134) — Legality of Accountability
Discipline requires a legally defined violation or serious professional conduct breaching official duties or the code of conduct within the law. Analogy may not criminalize a lawful judicial opinion.
Article (135) — Classification of Violations
Violations shall be minor, serious or very serious according to intent, impact, repetition and responsibility. Regulations may give illustrative examples without expanding statutory penalties.
Article (136) — Sanctions
Depending on seriousness, sanctions may include warning, reprimand, withheld promotion for a specified period, legally permitted disciplinary transfer, temporary suspension or termination under constitutional safeguards.
Article (137) — Disciplinary Board
A judicial disciplinary board shall comprise senior judges with no interest in the event or member concerned. Investigators or disciplinary prosecutors may not sit on it.
Article (138) — Disciplinary Prosecution
A legal unit independent of the disciplinary board shall present facts and requested sanctions based on the Authority's investigation, separating investigation, prosecution and adjudication.
Article (139) — Hearing Safeguards
Members have rights to know charges and evidence, adequate time, defence, assistance of a lawyer or colleague, examination of witnesses, submission of evidence and a public hearing on request. Confidentiality may protect a legitimate interest.
Article (140) — Standard of Proof
Serious disciplinary sanctions require clear, convincing and mutually supporting evidence. Decisions must give reasons and address substantive arguments.
Article (141) — Interim Suspension
A member facing an exceptionally serious allegation may be temporarily suspended where continued service threatens investigation or fundamental trust in the judiciary. The decision shall be reasoned, limited and reviewable, and is not a penalty.
Article (142) — Disciplinary Appeal
Disciplinary decisions may be appealed to an independent higher judicial panel whose members participated in neither investigation nor initial decision.
Article (143) — Publication of Disciplinary Principles
Principles and final decisions of general value shall be published with necessary redactions to ensure consistency and protect privacy.
Article (144) — Malicious Complaints
A complainant shall not be punished merely because a complaint is unproven. Liability arises only for proven intentional fabrication or extortion according to law.
Article (145) — Protection of Judicial Whistleblowers
Judges, prosecutors and staff reporting corruption, interference, forgery or serious violations in good faith shall be protected by law against occupational retaliation.
Part Fourteen — Public Prosecution: Organization and Independence
Article (146) — Service Composition
The Public Prosecution Service comprises the Chief Public Prosecutor, one or more deputies as needed, public prosecutors, deputy prosecutors, assistant prosecutors and administrative and technical units.
Article (147) — Head of the Service
The Chief Public Prosecutor shall lead and represent the Service, administer its affairs, issue general legal and administrative guidance and unify professional policy without imposing case outcomes contrary to law and evidence.
Article (148) — Nomination and Appointment
The Council shall professionally nominate the Chief Public Prosecutor and submit the nomination for parliamentary approval under the Constitution, followed by appointment by republican decree according to law.
Article (149) — Leadership Term
The head serves four years, renewable once. Expiry does not affect the holder's underlying judicial status if its conditions remain satisfied.
Article (150) — Deputy Chief
The deputy shall be selected through internal professional competition from experienced prosecutors or judges, with a defined administrative term and procedure for reasoned removal.
Article (151) — Offices
The Service shall have offices in appellate areas, courts, correctional institutions and bodies where prosecutorial presence is legally required.
Article (152) — Specialization
Specialist offices or divisions for corruption, public funds, organized crime, digital crime, human rights, family, juveniles, environment and other fields may be established by a general, published organizational decision.
Article (153) — Members' Professional Independence
Prosecutors shall exercise powers according to law and facts. They may request written confirmation of binding professional instructions considered to affect a particular case and shall not execute unlawful instructions.
Article (154) — General Directions
The Chief may issue general priority and practice policies, publishing those not compromising investigative secrecy. They may not order conviction or closure of a specific case for unlawful reasons.
Article (155) — Case Reassignment
Reassignment between prosecutors requires a recorded professional or administrative reason. Transfer to change a lawful legal position or shield someone from prosecution is prohibited.
Article (156) — Professional Record
Substantive decisions to close a case, appeal, refrain from appeal or intervene judicially shall be recorded in cases specified by law or instructions, enabling professional review without breaching confidentiality.
Article (157) — Annual Report
The Service shall publish an annual report on activities, case types, appeal outcomes, detention oversight, public-funds protection and legislative problems without disclosing investigative secrets or victims' data.
Part Fifteen — Public Prosecution Functions in Criminal Proceedings
Article (158) — Public Action
The Public Prosecution shall institute and pursue public criminal proceedings within Criminal Procedure Code limits and oversee lawful evidence collection, investigation, trial and enforcement of judgments.
Article (159) — Impartiality
Prosecutors are not accusers seeking conviction at any cost. They shall seek truth, respect accused persons' and victims' rights, and present exculpatory as well as inculpatory evidence according to law.
Article (160) — Reports and Complaints
The Service shall receive reports and complaints within its powers and immediately refer them to the competent judicial authority or take lawful action. Electronic submission is permitted.
Article (161) — Investigation Oversight
Prosecutors shall oversee the legality of inquiries, evidence collection, detention, questioning and expert examinations, and may object, appeal and seek correction of unlawful procedures.
Article (162) — Attendance
Prosecutors shall attend investigative and trial procedures where legally required and submit independent, reasoned applications, opinions and appeals.
Article (163) — Unlawful Evidence
The Public Prosecution shall not rely on evidence known to have been extracted by torture or coercion or obtained through a serious violation requiring exclusion, and shall report suspected offences to the competent body.
Article (164) — Detention Review
Prosecutors shall review detention grounds, duration and conditions, seeking release or a less restrictive measure when justification ceases or legal limits are exceeded.
Article (165) — Victims' Rights
The Public Prosecution shall help inform victims of basic rights and case stages without harming investigation, giving particular attention to victims of violence, trafficking and torture, children and persons with disabilities.
Article (166) — Appeals
The Public Prosecution shall use appeals to protect legality, the public interest and parties' rights according to law, not solely to increase punishment.
Article (167) — Appeal in the Interests of the Law
The Chief Public Prosecutor may appeal in the interests of the law within statutory cases and limits, without unsettling finality beyond what protection of public order requires.
Article (168) — Investigative Cooperation
The Service shall cooperate with police, the Integrity Commission and investigative and oversight bodies within their powers, without professional subordination to any of them.
Article (169) — Sensitive Cases
High-risk cases and cases involving influential officials shall follow protocols preventing conflicts and interference and ensuring documentation and protection of prosecutors.
Part Sixteen — Public Funds, Public Interest and Family
Article (170) — Protection of Public Funds
The Public Prosecution shall protect public funds and legally protected interests, initiating or pursuing procedures within its powers without replacing administrative or oversight bodies' original functions.
Article (171) — Corruption Cases
In corruption cases, the Service shall act alongside the Integrity Commission, competent judiciary and investigators under the Criminal Procedure Code and special laws, preventing duplicate investigations or conflicting orders.
Article (172) — Financial and Administrative Offices
Specialized financial, administrative and public-funds prosecution offices may be established in ministries, authorities and public bodies where a demonstrated need exists. Their professional reporting line shall be exclusively to the Service.
Article (173) — Conflicting Powers
Conflicts between prosecutorial and oversight or investigative powers shall be resolved under special provisions or by urgent judicial decision, without halting urgent evidence collection necessary to preserve rights.
Article (174) — Civil Proceedings
The Public Prosecution may intervene or appeal in civil proceedings involving state assets or public order within legal limits, without becoming government departments' routine legal representative.
Article (175) — State Representation
Ordinary legal representation of ministries, authorities and public bodies remains with their representatives and legally competent body. The Public Prosecution intervenes to protect legality and the public interest, not as government counsel.
Article (176) — Minors and Unrepresented Persons
The Public Prosecution shall intervene in cases involving minors, persons under legal incapacity, absentees, missing persons and others legally requiring protection, respecting children's best interests.
Article (177) — Family and Childhood
The Public Prosecution may attend and appeal in legally specified family and childhood cases involving a public interest or risk to someone unable to protect their rights.
Article (178) — Collective Rights
A special law may empower the Public Prosecution to act on serious environmental, health or collective-interest violations where no individual interested party can bring proceedings.
Article (179) — Legislative Proposals
The Service may submit annual observations to the Council on recurring legislative gaps revealed by judicial work. These shall be general and shall not direct legislators in a pending case.
Article (180) — Asset Recovery
The Service shall cooperate in recovery of funds and assets and international legal assistance under applicable laws, conventions and competent authorities.
Article (181) — Transparency
The Service shall publish aggregate public-funds protection, corruption and recovery data without prejudging trials, exposing confidential procedures or defaming unconvicted persons.
Part Seventeen — Oversight of Detention Facilities and Enforcement of Judgments
Article (182) — Oversight Visits
The Public Prosecution shall periodically visit detention centres, prisons and other places of deprivation of liberty within its jurisdiction, without prior notice where legally permitted.
Article (183) — Access to Registers
Prosecutors shall have access to detainee registers, arrest, detention and extension orders, health records and complaints, and may interview detainees privately when oversight requires.
Article (184) — Lawfulness of Detention
Where someone is held without lawful authority or beyond the authorized period, prosecutors shall immediately apply to the competent judge to end the violation and hold those responsible accountable.
Article (185) — Torture and Ill-Treatment
Where signs or serious allegations of torture, ill-treatment or enforced disappearance arise, prosecutors shall preserve evidence, ensure independent medical examination and refer the matter for competent investigation, protecting the reporter and victim.
Article (186) — Detention Registers
Detention registers shall be unified, electronic and auditable, recording grounds, ordering authority, timing, transfers, counsel, visits and health status.
Article (187) — Visit Reports
Prosecutors shall periodically report violations, recommendations and action. The Service leadership shall consolidate findings in a public annual report insofar as privacy and investigation permit.
Article (188) — Enforcement of Judgments
The Public Prosecution shall oversee criminal judgments and measures, verifying that sentences are not exceeded, release is not delayed and no measure is applied without judicial order.
Article (189) — Parole
The Public Prosecution shall give its lawful opinion on parole and related measures based on conduct, risk and reintegration. The opinion shall not constitute additional punishment.
Article (190) — Juveniles
Juvenile detention facilities shall observe separation, protection, education, rehabilitation and family-contact rules. The Public Prosecution shall notify the competent court of violations.
Article (191) — Coordination with Prevention Mechanisms
The Service shall cooperate with the High Commission for Human Rights, the national preventive mechanism against torture when established and other lawful bodies, without replacing their respective independence.
Part Eighteen — Case Management and Judicial Digital Transformation
Article (192) — National Platform
The Council shall establish a unified national judicial platform for filing, allocation, service, schedules, minutes, files, judgments, appeals and prosecution cooperation within procedural laws.
Article (193) — Identity and Permissions
Platform access shall require trusted identity and role-based permissions. Every access, modification or download of sensitive files shall be logged.
Article (194) — Audit Log
Ordinary users may not delete or modify technical audit logs. Logs shall be retained long enough to investigate tampering or unlawful access.
Article (195) — Transparent Allocation
Electronic case allocation shall follow published, auditable rules. Systems may not enable selection of a specific judge for a specific case without a documented lawful reason.
Article (196) — No Automated Adjudication
An automated system may not issue a judgment, charging decision or final case closure in place of the responsible judge or prosecutor. Research or administrative support tools subject to human review are permitted.
Article (197) — Digital File
Every case shall have a secure original digital file containing legally prescribed material. Physical originals shall remain preserved where evidentially necessary.
Article (198) — Electronic Signature
Electronic signatures and seals may be used in judicial decisions and correspondence under the Electronic Signature and Electronic Transactions Law and approved technical standards.
Article (199) — Data Protection
Judicial data access, retention and disclosure shall reflect purpose and sensitivity. Use for political or social profiling of litigants or judicial members is prohibited.
Article (200) — Cybersecurity
The Council shall adopt a binding cybersecurity framework covering periodic testing, vulnerability management, backups, incident response and continuity.
Article (201) — System Failure
Where system failure prevents a required procedure, alternative means shall preserve parties' rights and deadlines shall extend according to law. The failure and duration of impact shall be recorded.
Article (202) — Institutional Integration
The platform may connect to government registers and investigative and enforcement bodies only as legally necessary, applying data minimization. Open reciprocal access is prohibited.
Article (203) — Statistics
Anonymized statistics on caseloads, duration, backlogs, completion and appeal rates shall be published without using indicators to pressure case outcomes.
Part Nineteen — Access to Justice and Judicial Transparency
Article (204) — Litigant Services
Courts shall provide clear information on jurisdiction, fees, deadlines, applications, copies and administrative complaints without partisan legal advice.
Article (205) — Language
Courts shall ensure use of official languages under the Constitution and law and provide interpretation as needed for genuine understanding of proceedings.
Article (206) — Persons with Disabilities
Courts shall provide reasonable accommodation and physical, digital and linguistic accessibility for persons with disabilities, without extra charges for necessary arrangements.
Article (207) — Legal Aid
The Council shall coordinate with legal aid services to ensure representation of those unable to pay where law or justice requires, without making assistance subject to the opposing party.
Article (208) — Public Hearings
Hearings shall ordinarily be public under the Constitution and laws. Confidentiality shall be a reasoned, proportionate exception protecting a legitimate interest.
Article (209) — Publication of Judgments
Important judgments and principles shall be published in an official searchable database, redacting minors' and victims' data, sensitive information and trade secrets where necessary.
Article (210) — Judicial Communications
The Council shall have a professional media centre explaining procedures and institutional decisions without justifying judges' rulings or influencing pending cases.
Article (211) — Right to Criticize
Good-faith legal, academic or media criticism is not judicial interference. Judicial standing is protected through integrity, judgments and law, not by suppressing legitimate discussion.
Article (212) — Litigant Experience
Litigants' experience of services, buildings, waiting and communication may be assessed. They shall not be asked to rate judges based on judgment outcomes.
Article (213) — Administrative Complaints
A separate channel shall address administrative delay, poor service and staff conduct, without reopening judicial judgments.
Article (214) — Open Data
The Council shall publish appropriate institutional, financial and statistical data in open formats while protecting privacy, security and investigative secrecy.
Article (215) — State of Justice Report
The Council shall annually report comparable data on justice, access, resources, backlogs, independence, development and remedial plans.
Part Twenty — Training and Professional Competence
Article (216) — Continuing Development
Judges and prosecutors shall undertake continuing professional development through programmes balancing judicial duties and training. Training may not become punishment or political assessment.
Article (217) — Institute Curricula
Curricula shall include constitutional law, human rights, procedure, evidence, digital crime, corruption, organized crime, judicial skills, judgment drafting, ethics and case management.
Article (218) — Specialist Training
Some specialist panel assignments shall require suitable training or experience where cases demand advanced technical or legislative knowledge.
Article (219) — Human Rights
Training shall integrate fair trials, torture prevention, protection of victims and children, disability rights, equality and non-discrimination.
Article (220) — Digital Skills
Members shall receive training in digital evidence, cybersecurity, the judicial platform, electronic record verification and automated-system risks.
Article (221) — Training Evaluation
Training impact shall be measured by acquired skills and application quality, not course or travel counts. Personal connections may not monopolize overseas training opportunities.
Article (222) — Trainers
Faculty and trainers shall be selected by specialization and experience. National and international judges, lawyers, academics and experts may assist without acquiring an appointment role.
Article (223) — Judicial Research
The Institute shall encourage comparative judicial research and publication, respecting judicial independence and not using research to justify a position in a pending case.
Article (224) — Digital Library
The Council shall establish a unified digital legal library giving judges and prosecutors access to legislation, decisions and references, expanding public access where law permits.
Article (225) — International Cooperation
Cooperation and judicial exchange with foreign and international institutions are permitted subject to transparency and no funding contingent on judicial outcomes or political positions.
Article (226) — Leadership Training
Candidates for judicial administrative posts shall receive management, governance, finance, security and crisis-management training without diminishing judicial experience requirements.
Article (227) — Academic Independence
The Institute's legal research and curricula shall not be subject to party or government direction and shall be overseen by a professional academic council within the judiciary.
Part Twenty-One — Integrity Protection and Combating Corruption within the Judiciary
Article (228) — Combating Corruption
Bribery, extortion, influence peddling, illicit enrichment and file manipulation within the judiciary are subject to criminal and integrity laws, without immunity obstructing lawful investigation.
Article (229) — Declarations of Interests
Persons covered by asset-disclosure and conflicts-of-interest laws shall file declarations on time. The judiciary shall coordinate with the Integrity Commission without revealing case secrets.
Article (230) — Ex Parte Communications
Substantive unilateral communication with a party about a pending case is prohibited except where lawful. Lawful contact with procedural consequences shall be recorded.
Article (231) — Influence Brokers
Officials, lawyers or others may not claim an ability to influence a judge or prosecutor in exchange for a benefit. Credible incidents shall be referred for investigation.
Article (232) — Allocation Integrity
Case-allocation records and manual changes shall be periodically reviewed for unusual patterns or manipulation.
Article (233) — Expert Integrity
Lists of experts, interpreters, liquidators and judicial custodians shall follow transparent criteria, appropriate rotation and interests disclosure to prevent networks of improper benefit.
Article (234) — Procurement Integrity
Purchase requests, bid evaluation and expenditure approval shall be separated. Judicial procurement staff are subject to conflicts-of-interest rules.
Article (235) — Reporting Channel
A confidential channel shall permit reporting of judicial corruption, with statutory protections for whistleblowers and witnesses.
Article (236) — Investigating Leadership
Where suspicion concerns Council, Authority or prosecution leadership, the investigative process shall avoid subordination to the suspect while preserving criminal and oversight bodies' powers.
Article (237) — Preventing Abuse of Anti-Corruption Measures
A corruption report or integrity investigation may not be used to pressure a judge over the direction of a judgment. Procedures are subject to this Law and special-law safeguards.
Article (238) — Statistical Publication
The Council shall publish aggregate data on established corruption and misconduct within the judiciary without exposing ongoing investigations or violating the presumption of innocence.
Article (239) — Preventive Review
Appointment, allocation, expert services, procurement, service of process and archiving shall undergo periodic corruption-risk reviews, with controls updated accordingly.
Part Twenty-Two — National and International Judicial Cooperation
Article (240) — National Cooperation
The judiciary shall cooperate with legislative, executive, oversight and security bodies within constitutional and legal limits, respecting powers and non-interference in cases.
Article (241) — Working Protocols
Protocols may regulate information exchange, execution of orders or court protection. They shall be written and public in principle and create no unlawful powers.
Article (242) — International Judicial Cooperation
The competent international-cooperation judicial body shall act under laws and conventions, coordinating with prosecution and courts on letters of request, extradition and recovery.
Article (243) — International Legal Assistance
International legal assistance requests shall be executed promptly and lawfully, protecting data, individual rights and the specialty principle governing evidence use.
Article (244) — Independent Decision-Making
International cooperation, funding or training agreements may not enable foreign bodies to direct judicial decisions, select a judge for a case or access deliberative secrets.
Article (245) — Professional Networks
Judges and prosecutors may join international professional networks and exchange expertise under Council rules and funding and interests disclosure requirements.
Article (246) — Judicial Agreements
The Council shall propose judicial agreements and monitor implementation with competent constitutional bodies. Agreements become effective only through prescribed ratification procedures.
Article (247) — Foreign Judgments
Recognition and enforcement of foreign judgments are subject to applicable laws and conventions. Administrative protocols may not bypass statutory conditions.
Article (248) — Asset Recovery
Judicial bodies shall coordinate asset-freezing and recovery requests through lawful international channels, ensuring judicial oversight and good-faith third-party rights.
Article (249) — International Standards
International judicial independence and integrity standards and assessments may inform development. External recommendations are neither binding sources for judgments nor substitutes for the Constitution and law.
Part Twenty-Three — Transitional Provisions and Legislative Harmonization
Article (250) — Repeal of the Supreme Judicial Council Law
Supreme Judicial Council Law No. (45) of 2017 is repealed upon this Law's entry into force and replaced by its provisions, with uninterrupted legal personality, rights and obligations.
Article (251) — Repeal of the Public Prosecution Law
Public Prosecution Law No. (49) of 2017 is repealed upon entry into force. The Service continues with all files, personnel, rights and obligations under the new structure.
Article (252) — Repeal of the Judicial Supervision Authority Law
Judicial Supervision Authority Law No. (29) of 2016 is repealed upon entry into force. Existing units continue until reorganized under this Law.
Article (253) — Judicial Organization Law
Judicial Organization Law No. (160) of 1979, as amended, is repealed in areas governed by this Law. An official harmonization schedule shall identify provisions temporarily remaining effective until legislative replacement is complete.
Article (254) — Judicial Institute
The Judicial Institute Law and the law affiliating it with the Supreme Judicial Council remain effective insofar as compatible pending unified judicial education and training legislation.
Article (255) — Procedural Laws
This Law does not affect jurisdiction, appeals or procedures under civil procedure, criminal procedure, enforcement, juvenile, labour or other laws except expressly.
Article (256) — Federal Supreme Court
The Federal Supreme Court Law remains independently effective. No powers over appointment, administration or accountability of its members pass to the Supreme Judicial Council except as prescribed by the Constitution and its special law.
Article (257) — State Council
The State Council and administrative justice legislation remains effective. Referrals to it by prosecutors or courts are governed by its law and relevant constitutional powers.
Article (258) — Continuity of Office
Judicial and administrative officeholders continue until their terms expire or institutions are reconstituted within transitional periods. Transition may not remove a judge contrary to the Constitution.
Article (259) — Reconstitution of the Council
The Supreme Judicial Council shall be reconstituted within six months of entry into force, with elections for elected members held during that period.
Article (260) — Reorganization of the Authority and Service
Regulations reorganizing the Judicial Supervision Authority and Public Prosecution shall be completed within nine months. Compatible earlier rules continue until new regulations take effect.
Article (261) — Regulations and Instructions
Regulations, instructions, the conduct code and election, assessment, electronic allocation and complaints rules shall issue within twelve months of entry into force.
Article (262) — Digital Transformation
Electronic allocation, audit logs and digital case files shall be phased in over twenty-four months according to court readiness, prioritizing heavily burdened courts and cases vulnerable to manipulation.
Article (263) — Acquired Rights
Transition shall not reduce acquired salary, grade or pension rights of judges, prosecutors or staff unless unlawfully obtained and established through due procedure.
Article (264) — Post-Implementation Review
After three years, the Council shall report to the Council of Representatives on implementation and indicators of independence, backlogs, allocation, accountability, prosecution and budget, with amendment proposals where needed.
Part Twenty-Four — Final Provisions
Article (265) — Implementing Instructions
The Supreme Judicial Council, Chief Public Prosecutor and Head of the Judicial Supervision Authority shall issue necessary implementing instructions within their powers, without altering statutory rights, safeguards or powers.
Article (266) — Priority in Conflicts
Conflicting subordinate legal provisions shall be amended or repealed to the extent of conflict, respecting special laws grounded in distinct constitutional provisions.
Article (267) — Interpretation Protecting Independence
Where an administrative provision permits multiple interpretations, preference shall protect judicial independence, access to justice and defence rights without obstructing lawful accountability.
Article (268) — No Immunity from Review
Administrative decisions of the Council, Authority or Public Prosecution are not immune from appeal where constitutional and statutory judicial review is available, except judicial acts reviewable only through their special remedies.
Article (269) — Publication
This Law shall be published in the Official Gazette, with updated copies, regulations and the code of conduct freely available on official websites.
Article (270) — Entry into Force
This Law enters into force one hundred and eighty days after Official Gazette publication, except transitional provisions effective from publication to the extent needed for preparation.
Statement of reasons
To unify the institutional framework of the federal judiciary and Public Prosecution; strengthen institutional, judicial and prosecutorial independence; regulate appointment, promotion, transfer, secondment and judicial posts through merit and integrity; develop judicial supervision ensuring accountability without interference in judgments; regulate case allocation, digital governance and judicial protection; and strengthen prosecution's protection of legality, the public interest and detention oversight, this Law is enacted.
Explanatory memorandum
The bill does not assume Iraq's judiciary lacks legal independence: the Constitution expressly establishes it, and current laws grant separate personalities and powers to the Supreme Judicial Council, Public Prosecution and Judicial Supervision Authority. Reform moves these safeguards into a more coherent, transparent institutional system, addressing administrative risks that may indirectly affect independence, including appointment, transfer, secondment, allocation, assessment, discipline, security and budget.
The bill addresses concentrated administration among a limited group of presidents by adding elected representation for judges and prosecutors within the Supreme Judicial Council, retaining judicial leadership and excluding party or executive representatives. It ensures the Council administers the judiciary rather than its judgments.
Parliamentary approval of certain senior judicial posts is constitutionally prescribed. The bill therefore does not repeal it through ordinary law, but reduces politicization before nominations reach Parliament through published qualifications, professional comparison, documented reasons and prohibited political undertakings. A model removing parliamentary approval would require a separate constitutional amendment.
For accountability, the bill distinguishes judicial errors addressed through appeals from misconduct, corruption or bad faith. Reversal or differing interpretation is not automatically disciplinary misconduct; equally, independence does not bar investigations of bribery, manipulation, pressure or false interests declarations.
The bill redefines prosecution through impartiality: protecting the public interest, legality and victims' and accused persons' rights and overseeing detention, investigation and enforcement, rather than merely seeking conviction. It separates public-funds protection from routine government legal representation so prosecution is not conflated with government counsel.
Alignment with Existing Legislation
The bill replaces Supreme Judicial Council Law No. 45 of 2017, Public Prosecution Law No. 49 of 2017 and Judicial Supervision Authority Law No. 29 of 2016, and progressively replaces organizational provisions still effective under Judicial Organization Law No. 160 of 1979. An official harmonization schedule is required to prevent gaps in court formation or cross-references in other laws.
The bill does not affect the Federal Supreme Court Law or its independence, State Council and administrative justice legislation, or special-law jurisdiction and appeal procedures except expressly. Judicial Institute laws remain temporarily effective pending unified qualification and training arrangements.
Financial and Implementation Implications
The bill does not require a new authority or service outside the existing judiciary. The Supreme Judicial Council, Federal Court of Cassation, Public Prosecution, Judicial Supervision Authority, Judicial Institute and Guards Directorate already exist. Costs centre on rebuilding allocation systems, case files and audit logs, expanding information security, developing training, improving security protection and reorganizing professional, electoral and disciplinary units.
Published data are insufficient for precise costing without inventorying current systems, buildings and personnel. The bill therefore requires the Council to include costs in its budget and phased plans, using and reallocating existing resources before requesting new structures.
Comparative International References
The proposed policy is consistent with the United Nations Basic Principles on the Independence of the Judiciary, Guidelines on the Role of Prosecutors and Bangalore Principles of Judicial Conduct, based on independence, impartiality, integrity, propriety, equality, competence and diligence.
These references inform guidance rather than replace the Iraqi Constitution. Constitutionally required provisions, including parliamentary approval of certain senior appointments, therefore remain explicit in the Law's design.
Sources and references
- Constitution of the Republic of Iraq, 2005 — Supreme Judicial Council
- Supreme Judicial Council Law No. 45 of 2017
- Public Prosecution Law No. 49 of 2017
- Judicial Supervision Authority Law No. 29 of 2016
- Judicial System and Judicial Organization Law No. 160 of 1979
- Law No. 70 of 2017 Affiliating the Judicial Institute with the Supreme Judicial Council
- Judicial Legislation — Supreme Judicial Council
- Iraqi Council of Representatives — Discussion of the Public Prosecution Law and Strengthening Anti-Corruption Efforts, 12 August 2026
- United Nations Basic Principles on the Independence of the Judiciary
- United Nations Guidelines on the Role of Prosecutors
- UNODC — The Bangalore Principles of Judicial Conduct
These references provide the constitutional, legal, institutional and normative basis for assessing current conditions and designing legislative policy. The bill's articles are proposed legislation, not a description of a law in force.