Baghdad: Legal expert and consultant, Salem Hawas stated that the Iraqi Constitution's Article (56) clearly sets the parliamentary term at four calendar years starting from the first session, but the recent Federal Court ruling has opened the door to a new interpretation of when the term actually ends. According to National Iraqi News Agency, Hawas explained in a statement that the Federal Supreme Court, in its decision No. 213/Federal/2025 issued on 17 November 2025, ruled that both the parliament and the government are considered constitutionally expired the moment the first ballot is cast. This is based on legal provisions that strip both authorities of their full powers at the start of the voting process, reducing them to daily caretaker duties. The ruling raises fundamental questions about the possibility of holding any parliamentary session before the final day of the term. He added that this interpretation effectively means that the traditional constitutional practice, waiting for the 'last day' of t he term, is no longer aligned with the Court's reasoning, which considers the start of the electoral process as the actual end of the outgoing parliament's mandate, rather than the final session or the official end date of January 8, 2026. Hawas noted that this development requires political forces and legal committees to reconsider the mechanism for determining the date of the first session of the new parliament, whether it should be tied to the constitutional four-year period or to the moment voting begins, which effectively ends the previous term. He emphasized that these constitutional ambiguities require a definitive interpretation to eliminate overlap between texts and judicial decisions, stressing that adherence to constitutional timelines is essential for a peaceful transfer of power. Any session held after the expiration of the constitutional term, whether measured by the final day or by the start of voting, needs a clear constitutional basis to prevent legal challenges and ensure full legitimacy o f the political process.
