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POL-17

This is a proposal for discussion, not an enacted law.

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.

Document number
POL-17
Version
1.0
Publication / last updated
6 October 2026
Scope
Republic of Iraq — Federal Judiciary

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.

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

AreaProposed Policy
Supreme Judicial CouncilExpand professional representation to judges and prosecutors elected by peers while retaining judicial leadership positions.
Senior nominationsPublished criteria and professional comparative assessment, retaining parliamentary approval where constitutionally required.
Appointment and promotionCompetition, merit, integrity and experience, prohibiting quota allocation, patronage and political influence.
Transfer and secondmentReasoned decisions open to grievance, preventing use as disguised punishment or a means of influence.
Judicial supervisionAssess conduct and performance without questioning judges over outcomes or substituting for appeals.
AccountabilitySeparate investigation, prosecution and disciplinary adjudication, guaranteeing defence, reasons and appeal.
Public ProsecutionProfessional independence and impartiality, oversight of investigation, detention and enforcement, and specialized offices.
Case managementTransparent electronic allocation, logging every manual change and preventing unlawful assignment of a judge to a particular case.
Security and integrityProtect judges, prosecutors and their families when at risk, with mechanisms to detect corruption and conflicts of interest.
TransparencyPublish judgments, principles and institutional data while protecting investigative confidentiality and sensitive information.

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

  1. Constitution of the Republic of Iraq, 2005 — Supreme Judicial Council
  2. Supreme Judicial Council Law No. 45 of 2017
  3. Public Prosecution Law No. 49 of 2017
  4. Judicial Supervision Authority Law No. 29 of 2016
  5. Judicial System and Judicial Organization Law No. 160 of 1979
  6. Law No. 70 of 2017 Affiliating the Judicial Institute with the Supreme Judicial Council
  7. Judicial Legislation — Supreme Judicial Council
  8. Iraqi Council of Representatives — Discussion of the Public Prosecution Law and Strengthening Anti-Corruption Efforts, 12 August 2026
  9. United Nations Basic Principles on the Independence of the Judiciary
  10. United Nations Guidelines on the Role of Prosecutors
  11. 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.

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