The legal framework for the process of monitoring the electoral register a In the comparative countries and Iraq
A Comparative Study
DOI:
https://doi.org/10.35246/ktqgjs83Keywords:
Electoral register, electoral oversight, registry disputes, electoral crime, appealsAbstract
This study entitled (The legal framework for the process of monitoring the electoral register (a comparative study between Egypt and Iraq)) shows the importance of monitoring the right to participate in political life and public affairs، as all electoral legislation in democratic countries is keen on the integrity، integrity and legitimacy of elections، and one of the most important guarantees of this Existence of effective oversight at every stage of the electoral process، including the preliminary stage. Oversight is the process of collecting and inventorying information about the electoral processes in all its stages، by following an organized mechanism in collecting information on each stage، which is then used to issue objective and impartial assessments on the extent of safety، integrity، and fairness. The electoral process and the integrity and validity of the registration process in the electoral register.
We have tried to answer the questions and problems that we raised in the introduction to the research by identifying how to monitor the register، who are the competent authorities for oversight، what is meant by electoral crimes، especially electoral register crimes، grievance procedures and appeals against records، and we have
dealt with all of the foregoing in a comparative study between Egypt and Iraq.
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References
First: Arabic books:
I- Al-Ugaili, Ahmed Hassan, 2017, The Chosen One from the Decisions of the Judicial Commission for Elections for the Period 2005-2014, 1st edition, Offset Al-Kitab Press, Baghdad.
II-D. Al-Obaidi, Ahmed Fanar, 2018, Criminal Protection for Parliamentary Elections, Wael Publishing House, 1st edition, Amman.
III-D. Muhammad, Akram Abdel Hakim, 2007, Electoral Appeals in the Legislative Elections, Modern University Library, Alexandria.
IV- D. Al-Baz, Daoud, 2002, The Right to Participate in Political Life, An Analytical Study of the Egyptian Constitution Compared with the French System, Dar Al-Nahda Al-Arabiya, Cairo.
V- Abdel Majeed, Doaa Ibrahim, 2015, The Role of Civil Society Institutions and Associations in Monitoring the Electoral Process, Dar Al-Fikr and Law, 1st edition, Mansoura.
VI- Khouda, Raafat, 2001, An Analytical Study of the Egyptian State Council’s Judiciary in the Field of Electoral Appeals, Nahda Printing House, Cairo.
VII- Abdullah, Sami Hassan Najm, 2014, Local Administration and its Applications in Iraq and Comparative Countries, National Center for Legal Publications, 1st edition, Cairo.
VIII- D. Al-Sharqawi, Souad and Dr. Nassef, Abdullah, 1994, Election Systems in the World and in Egypt, 2nd edition, Dar Al-Nahda Al-Arabiya, Cairo.
IX- Al-Abdali, Saad Mazloum, 2009, Elections are Guarantees of Their Freedom and Integrity, Dar Degla for Publishing and Distribution, 1st edition, Amman, Jordan.
X- D. Al-Shawi, Sultan, Dr. Al-Khalaf, Ali Hussein, 2010, General Principles in the Penal Code, 2nd edition, Legal Library, Baghdad.
XI- D. Al-Asadi, Diaa Abdullah, 2013, Election Crimes, 3rd edition, Zein Law Library, Beirut.
XII- D. Saudi, Abdel Hakim Fawzi, 2015, Guarantees for Supervision and Monitoring of Elections, Dar Al-Nahda Al-Arabiya , Cairo .
XIII- D. Abdel Salam, Abdel Azim, 2005, Human Rights and Public Protection, Comparative Study, 1st edition, Dar Al Nahda Al Arabiya, Cairo.
XIV- D. Afifi, Afifi Kamel, 2002, Parliamentary elections and their constitutional and legal guarantees, a comparative study, Dar Al-Jaami’een, Cairo.
XV- D. Al-Shammari, Fouad Mutair, 2014, Electoral Experiences in the World, 1st edition, Dar Osama for Publishing and Distribution, Amman, Jordan.
XVI- D. Al-Naji, Muhammad Misbah Muhammad, 2018, The Legal System for Electronic Elections, A Comparative Study, 1st edition, Dar Al-Fikr and Law, Mansoura.
XVII - Judge: Al-Mahmoud, Medhat, 2020, Constitutional and legal principles contained in the rulings and decisions issued by the Federal Supreme Court for the years 2005-2020, 1st edition, The Legal House, Beirut.
XVIII- D. Tuwaiqat, Murad Hamed, 2017, The Mediator in Election Systems and Related Appeals, 1st edition, Dar Al-Thaqafa for Distribution and Publishing, Jordan.
XIV- D. Adel, Mosaddeq, 2021, Early Iraqi Parliamentary Elections, An Analytical Study in the House of Representatives Elections Law No. 9 of 2020, 1st edition, Dar Al-Sanhouri, Beirut.
XX- Dr. Afifi, Mustafa Mahmoud, 2003, Oversight of administration work and administrative disputes, a comparative study, Tanta University Library.
XXI- Dr. Ahmed, Najeeb Khalaf, Dr. Jawad, Muhammad Ali, 2010, Administrative Judiciary, Al-Mustansiriya University, College of Law, Al-Ghufran Library, Baghdad.
XXII-D. Jabr, Naeem Kazem, 2009, Explanation of the Provisions of the Provincial, District and District Council Elections Law No. (36) of 2008, Dar Al-Sanhouri, Baghdad.
XXIII-D. Al-Safi, Hisham Abdel-Sayed, 2022, The Invention of Local Council Elections in Light of the Provisions of Constitutions and the Judiciary, 1st edition, Modern University Office, Alexandria.
XXIV- ـــــــــــــــــــــــــــــ, 2018, The legal system for forming Egyptian local councils in light of the 2014 Constitution and the laws regulating elections, a critical analytical study, Dar Al Nahda Al Arabiya, Cairo.
XXV- D. Kashkul, Yamama Muhammad Hassan, Dr. Al-Bayati, Wael Munther, 2017, Judicial Protection of the Rights to Election and Nomination in Iraq, 1st edition, Dar Al-Adab Library, Baghdad.
Second: Translated books:
I- European Union Guide to Election Observation, Third Edition, European Union Election Observation and Democracy Support Mission, translated by Marie-Louis Rami, Brussels, Snel Press, 2016.
II- Klein, Richardle and Merlo, Patrick, 2010, Building Trust in the Voter Registration Process, National Democratic Institute for International Affairs’ Guide to Monitoring (NDI), Stockholm, translated by: May Al-Ahmar, Beirut.
Third: University theses and dissertations:
I- Fares, Riyad Ghazi, 2011, The electoral system in Iraq and its role in the process of democratic transformation after 2003, Master’s thesis, University of Baghdad, College of Political Science.
II-D. Abdel Azim, Fatima Hamada, 2017, The electoral system in the Arab Republic of Egypt, an applied theoretical study, doctoral thesis, Faculty of Law, Ain Shams University.
III- Khalaf, Muhammad Rafi’, 2021, Electoral crimes according to the electoral law, a comparative study between Jordanian and Iraqi law, Master’s thesis, Middle East University, Faculty of Law, Department of Public Law.
IV- Dhiyab, Hala Ismail, 2017, The Crime of Electoral Bribery, Master’s Thesis, University of Diyala, College of Law and Political Science.
V- Al-Bayati, Wael Munther Hassoun, 2011, The legal framework for the procedures prior to parliamentary elections, a comparative study, Master’s thesis, College of Law - Al-Mustansiriya University.
Fourth: Research and studies:
A- Research and studies published in academic scientific journals:
I- Nabila, Jemawi, 2017, Electoral crime as a basis for electoral appeal, Al-Fikr Magazine, No. 15, Mohamed Kheidar University, Faculty of Law and Political Science, Biskra, Algeria.
II-D. Al-Sharaa, student, year 2006, electoral crime, research published in the Journal of Legal Sciences, College of Law, University of Baghdad, Volume 21, First Issue.
III- Dalal, Lushin, 2021, Combating Corruption in the Financing of Election Campaigns, Al-Baheth Journal for Academic Studies, Volume 8, Issue 2, University of Batna, Algeria.
IV-D. Abdel Abbas, Majid Mohi, Zahrao, Alaa Abdel Latif, 2020, Electoral Justice in International and Domestic Election Monitoring and Its Impact on the Legislative and Iraqi Elections after 2003, research published in the Journal of Political Issues, College of Political Science, Al-Nahrain University, No. 62.
V -d. Talib, Mosaddeq Adel, 2012, The Legal Nature of Electoral Appeals in Iraq, from the research of the First Scientific Conference of the Independent High Electoral Commission, Erbil, 2011, published in the Electoral Commission Magazine, No. 46, Baghdad.
VI-D. Al-Shammari, Munif Hawass, 2021, Electoral Crime, research published in the Journal of Legal Sciences, College of Law, University of Baghdad, Volume 36, First Issue, May.
VII-D. Al-Ani, Wissam Sabbar and M.M. Al-Jazairi, Murooj Hadi, 2011, Voter Register in light of the Iraqi House of Representatives elections in 2010, research published in the Journal of Legal Sciences, College of Law, University of Baghdad, Volume 26, Issue 2.
B: Research and studies published on the Internet:
I- d. Abdel Moneim, Ahmed Fares, 1997, Parliamentary Elections in the Southern Countries, Center for Studies and Research of Developing Countries, Faculty of Economics and Political Science, Cairo University, published at the electronic link: http://books.google.com.
II- Annual report of the United Nations High Commissioner for Human Rights dated 12/23/2013, United Nations Commission on Human Rights, published at the electronic link: [email protected].
III- Oversight of Palestinian local body elections, a report prepared by the Palestinian News and Information Agency, 2012, published at the electronic link: http://www.wafa.ps.
IV- Three historic electoral processes within one year, the third report of the international mission to monitor the Iraqi elections, Baghdad, September 2006, published by the Independent High Electoral Commission in Iraq at the electronic link: https://news.un.org.
V- Case studies drawn from the Middle East and North Africa region, Voter Registration in Iraq, National Democratic Institute, 2014, published at the electronic link: https://www.ndi.org.
VI- Observer’s Guide to Parliamentary Elections, Egyptian Organization for Human Rights in association with the National Council for Human Rights, Cairo, 2005, published at the electronic link: https://www.cairo.gov.eg.
VII - Election Observation Guide, publications of the Office of the Democratic Institution and Human Rights of the Organization for Security and Cooperation in Europe. (OSCE), Poland, 6th edition, 2012, published at the electronic link: https://www.osce.org/odihr.
Fifth: Websites:
I- Electoral Knowledge Network (ACE project) website at the electronic link https://www.aceproject.org/ace-ar/topics/vr/vra/default/mobile_brousing
II-The official website of the Independent High Electoral Commission in Iraq http://www:ihec.iq/arabic/index.aspx http://www:ihec.com/ar/laws.html
III- Shams Election Monitoring Network website: http://www.sun-network.org
IV- Hammurabi Human Rights Network website: www.hhro.org
V- Tammuz Organization for Social Development website: http://www.tammuz.org
VI- The Iraqi Democratic Future Network (IDFN) website: http://m.facebook.com
VII- Eye of Iraq Network for Elections and Democracy website: www.einiraq.com
VIII- The website of the United Nations Electoral Assistance Office http://iraq.un.org:
IX- Website of the Office of the Democratic and Human Rights Foundation: http://www.osca.org
X- The website of the European Union mission to monitor the parliamentary elections in Iraq: https://www.aa.com.tr
XI- Al-Rased Election Monitoring Center’s website: https://www.rasedjo.com/ar
XII - The website of the United Nations High Commissioner for Human Rights in Iraq: https://www.ohchr.org
XIII - Comprehensive Legal Library website at the electronic link: https://elawpedia.com.
Sixth: Constitutions
I-The Permanent Constitution of the Republic of Iraq for the year 2005, published in the Iraqi Gazette, No. 4012 on 12/28/2005
II- The amended Constitution of the Republic of Egypt for the year 2014, published in the Egyptian Gazette, Issue 3bis (A) on 1/18/2014, amended.
Seventh: Laws:
I- Egyptian Law Regulating the Exercise of Political Rights No. 73 of 1956, amended.
II-Iraqi Penal Code No. 111 of 1969, amended, published in the Iraqi Gazette, Issue No. 1778. On September 15, 1969.
III-Criminal Procedures Law No. 23 of 1971, amended, published in the Iraqi newspaper Al-Waqa’i No. 2004 on 5/31/1971.
IV- The law establishing the Independent Elections Commission by Order No. 92/2004 issued by the Coalition Provisional Authority, published in the Iraqi newspaper Al-Waqae’, No. 3984 on 6/1/2004.
V- The repealed Iraqi House of Representatives Elections Law No. 16 of 2005, published in the Iraqi Gazette, No. 4010 on 11/23/2005.
VI- The repealed Independent High Electoral Commission Law No. 11 of 2007, published in the Iraqi newspaper Al-Waqae’, No. 4037 on 3/14/2007.
VII- The repealed Governorate, District and District Council Elections Law No. 36 of 2008.
VIII- Law of the Supreme National Commission for Accountability and Justice No. 10 of 2008 published in the Iraqi Gazette No. 4061 on 2/14/2008.
IX - The repealed Iraqi House of Representatives Elections Law No. 45 of 2013, published in the Iraqi Gazette, No. 4300 on 12/2/2013.
X- The Law on Organizing Egyptian Political Rights No. 45 of 2014 amended, published in the Egyptian Al-Waqaqa newspaper No. 23 on 5/7/2014.
XI- The National Elections Authority Law in Egypt No. 198 of 2017 published in the Official Gazette No. 30 bis (B) on 1/8/2017.
XII-Lebanese Parliament Elections Law No. 44 of 2017. XIII - Independent High Electoral Commission Law No. 31 of 2019, published in the Iraqi Gazette, No. 4569 on 12/30/2019.
XIV-Iraqi Parliament Elections Law No. 9 of 2020, published in Al-Waqa’i newspaper, issue No. 4603 on 11/9/2020.
Eighth: Regulations and decisions:
I- Executive regulations for the Law on the Exercising of Political Rights in Egypt No. 73 of 1956, amended, published in the Egyptian Gazette, No. 19 on 3/5/1956, and the amendment was published in No. 196 on 8/24/2011.
II-Voter Registration System No. 2 of 2004.
III- Election Observers Regulation No. 5 of 2004.
IV-Regulation No. 4 of 2005 regarding displaying the voter register and submitting appeals.
V- Regulation of Violations Related to Elections and Referendums No. 11 of 2005.
VI- Registration and Election System for Iraqis Abroad No. 14 of 2005.
VII-The Law of Crimes and Punishments Related to Elections and Referendums No. 14 of 2008.
VIII-Voter Register Update System for the Iraqi Council of Representatives Elections No. 12 of 2009.
IX - Complaints and Appeals System for the Iraqi Council of Representatives Elections No. 16 of 2009.
X-Register Presentation and Appeals System No. 7 of 2012.
XI-Biometric Electronic Registration System No. 12 of 2013.
XII - Complaints and Appeals System for the Iraqi Council of Representatives Elections No. 6 of 2013.
XIII - International Monitoring Teams Regulation No. 9 of 2013.
XIV - System for Election of Iraqis Abroad No. 10 of 2013.
XV-Voter Registry Update, Presentation and Appeals System No. 2 of 2014.
XVI- Procedures for voter registration complaints and submitting appeals for the 2014 Iraqi Council of Representatives elections.
XVII- Decision No. 26 of 2014 of the Egyptian Supreme Elections Committee regarding the elections for the Egyptian House of Representatives.
XVIII- Decision No. 5 of 2014 of the Egyptian Supreme Elections Committee regarding the presidential elections.
XIX- Local Election Observation Teams System No. 3 of 2018. -XX International Election Observation Teams System No. 4 of 2018.
XXI-Accreditation System for International Election Observers No. 1 of 2020.
XXII-Accreditation System for Local Election Observers No. 2 of 2020.
XXIII-Instructions for voting complaints and submitting appeals for the election of the Iraqi Council of Representatives for the year 2021 issued by the Board of Commissioners on 8/10/2021.
XXIV-Instructions for registering and accrediting local observers issued by the Board of Commissioners on 1/5/2021.
XXV-Instructions for the registration and accreditation of international observers issued by the Council of Commissioners on 2/10/2021.
XXVI-Code of Conduct for Observers of the Iraqi Council of Representatives for the year 2021 issued by the Commission Elections on 9/1/2021.
Ninth: Court decisions:
I- Decisions of the Federal Supreme Court related to elections in Iraq: No. 15/Federal/2006 on 4/26/2006, No. 71/Federal/2009 on 12/22/2009, No. 72/Federal/2009 on 11/19/2009, and No. 74/Federal/2013 on 10/23/2013. And No. 31/Federal/2014 dated 6/16/2014.
II- Decisions of the Judicial Commission for Elections in Iraq: No. 432/Appeal/2009 on 3/22/2009, No. 542/Appeal/2009 on 3/22/2009, 75/Appeal/2009 on 3/26/2009, 76/Appeal/2009 on 3/26/2009, and 37/ 66/Resume/2010 on 4/19/2010, 25/44/Resume/2010 on 4/21/2010, 78/Resume/2010 on 4/21/2010, 287/Resume/2010 on 4/13/2010, and 52/49 /Appeal/2010 on 5/3/2010, 144/145 /Appeal/2010 on 4/12/2010, 13/Appeal/2006 on 2/8/2006, and 104/701 /Appeal/2014 on 6/10/ 2014.
III- Decisions of the Supreme Administrative Court in Egypt related to the elections: In appeals No. 25478 and 26851 of 59 BC on 11/17/2013 IV- Decisions of the Administrative Court in Egypt related to elections: No. 10934 of 67 BC on 5/7/2013 and No. 25108 of 61 BC on 11/11/2002
Tenth: International conventions:
I-The Universal Declaration of Human Rights in 1948, issued by the United Nations General Assembly on 12/10/1948.
II-The International Covenant on Civil and Political Rights of 1966.
III-The Global Declaration of Standards for Free and Fair Elections in 1994, issued by the Inter-Parliamentary Union on 3/26/1994.
IV- The Declaration of Principles for International Election Monitoring, appended to the Code of Conduct for International Election Monitoring, issued by the United Nations on 10/27/2005. Eleven: Foreign sources:
I- R.chapuis: 2004, droit du contenieux admisistrative need، mont chrestie،.
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