The ability to enact laws and legislations constitutes one of the fundamental pillars of the democratic state, as it links between the will of the people and legal application, and directly affects the lives of citizens and state policies. If the legislative authority represents one of the basic pillars of the state, where parliament enacts the laws that regulate public life, protect rights, and ensure security and stability.

Iraq suffers from a legislative bottleneck resulting from the accumulation of draft laws that are not enacted due to postponement or rescheduling. This is due to the fact that important legislations are not studied or legislated, or are opposed or politicized, so parliamentary work suffers from ethical and political problems related to conflicting interests, or is affected by the absence of quorum and legislative stagnation.

This calls for raising the question of the future path of the legislative authority and its legislation, which we will address in its statement and clarification in the second chapter of this research.

First: What is meant by deferred legislations and postponed laws.

In Iraq, the Iraqi Council of Representatives has witnessed in recent sessions the phenomenon of postponing or rescheduling important laws and not voting on them despite their inclusion on the agenda, which has sparked widespread controversy between politicians, observers, and social actors.

1- Deferred legislations and postponed laws.

Deferred legislations and postponed laws mean that many draft laws are not discussed or voted on, and are withdrawn from the agenda and left suspended for an unspecified period or until the next parliamentary session, and this negatively reflects on political, social, and economic reform.

This legislative crisis entrenched in the Iraqi Council of Representatives reveals the features of a structural dysfunction in the mechanisms of parliamentary work, as the condition of legislative quorum stands — as a constitutional guarantee — in the face of repeated political choices governed by electoral and partisan calculations. With the approach of the end of the parliamentary term, the volume of suspended laws that did not find their way to voting increases, revealing a gap between constitutional texts that emphasize the continuity of legislative performance, and the practical reality that places individual and partisan electoral interest above constitutional duty.

Despite the consensus of most political, popular, and cultural circles on Iraq’s great need to amend many of the existing laws, most of which date back to the previous regime, as well as the necessity of activating existing but suspended laws, what remains in this direction, despite agreement on its importance, is the phenomenon of suspension and postponement, due to differences in viewpoints regarding how these laws are drafted.

The Council of Representatives was not, throughout the previous electoral cycles, at the required level in terms of legislating laws, due to political disagreements and the large number of problematic committees, in order to carry out legal amendments, most of which are documented in the Iraqi parliament, and initial discussions were held, but work on them was not completed.

This brings us to the reasons for postponing laws and legislations, as follows:

1- Political conflict: the presence of different blocs within parliament leads to a lack of consensus on the texts of sensitive laws, which delays their discussion or diverts attention.

2- Political stagnation and lack of quorum in holding effective sessions: the council administration is sometimes forced to postpone draft laws to future sessions or remove them permanently from the agenda.

3- In some sensitive issues (such as security, armed groups, social rights), the law is subjected to pressure from multiple sides, which leads to the suspension of the legislative process until a final formula is agreed upon.

4- Absence of quorum in important sessions leads to postponing the vote on laws, which exacerbates the phenomenon of postponement.

The legislative authority did not suffer only from the phenomenon of postponing laws and legislations, but also suffered from the phenomenon of rescheduling, which is intended by it.

2- Legislations and phased laws.

What is meant by the phenomenon of rescheduling laws is that draft laws do not reach final voting within the current legislative term, either due to their withdrawal or removal from the agenda and transferring them to the next parliamentary cycle without deciding them, despite their importance. These include important laws such as the Iraqi Oil and Gas Law, the Parties Law, the Personal Status Law, and laws related to social and economic reforms.

The fifth parliamentary cycle relied on opening the door of legislative specialization (legislating laws) on the phenomenon of rescheduling laws to the sixth parliamentary cycle, as a large number of draft laws were postponed, in an indicator that can be described as legislative failure that should not be repeated.

More than 130 draft laws were not passed during the previous cycle and were transferred to the current parliament, due to the absence of political consensus, weak legislative administration, and preoccupation with political crises.

All of this indicates that postponed laws constitute a real test for the performance of the legislative authority, and place major question marks about the effectiveness of parliament in accomplishing its constitutional tasks entrusted to it, as this accumulation in files without resolution weakens citizens’ trust in the political process and its elected institutions, and shows that parliament was not able during the past period to hold its sessions regularly due to the absence of consensus between political blocs, which led to obstructing the passage of many important laws, despite the fact that the internal system of the parliament stipulates holding eight monthly sessions at a minimum, but this text has not been applied in practice, as most sessions are canceled due to the lack of completion of quorum, lack of harmony, and absence of consensus at several levels, including the political aspect between parties, and among them what relates to the presidency of parliament itself, which is part of the obstruction in sessions and the passage and rescheduling of laws. As some blocs refrain from attending at the orders of party leaders, this has become a negative phenomenon and has a direct impact on the Iraqi citizen who is awaiting the laws that serve him and indicates a lack of seriousness in the legislative authority.

Members of the legislative authority are subject in their positions to direct party orders, and therefore the absence of deputies means that their parties ordered them to do so, whereby most deputies cannot take a decision to attend or vote, or objections, except by the orders of the party. This ultimately means that addressing this problem falls upon the Speaker of the Council of Representatives, who must be stricter in dealing with this situation and ending it, because it poses a major threat to the legislative authority.

Accordingly, the reasons for postponing and rescheduling laws and legislations can be summarized as follows:

1- Political divisions and conflicts: political disagreement between blocs within parliament, where the project does not reach broad consensus that allows its passage, which pushes toward postponing sessions and legislations repeatedly.

2- Lack of completion of legal quorum.

3- Using laws as a political tool: using draft laws as bargaining papers between parties and blocs to negotiate other files, or for electoral political purposes, where the file ends up being postponed instead of being decided.

4- Parliamentary preoccupation with other issues: the Council of Representatives focuses in many sessions on interrogations and political and security debates at the expense of legislative work related to enacting laws and monitoring their implementation.

5- Complexity of the issues raised: draft laws related to complex files such as oil and gas or civil service require deep discussion and greater political consensus.

6- External and judicial interventions: the interference of judicial or constitutional issues with the legislative process, where laws are obstructed due to cases presented before the Federal Supreme Court or objections thereto.

This phenomenon has several effects, including:

1- Political impact: weakening parliamentary stability, declining confidence in the ability of parliament to perform its oversight and legislative role and increasing political congestion that hinders institutional reforms.

2- Social and economic impact: represented in delaying the establishment of legal frameworks for important sectors such as security, economy, and services, which directly affects the lives of citizens and the quality of public services. In addition to obstructing the approval of important laws such as the Oil and Gas Law, which can enhance economic growth.

Second: the most important deferred laws and legislations

Some of the most important legislative projects that were postponed or rescheduled by parliament include the following:

1- Personal Status Law: the draft amendment of this law was withdrawn from parliament temporarily, with the postponement of voting on it due to the blocs not reaching political consensus around it.

2- Amendments to the Anti-Drug Law: the draft is suspended in parliamentary committees awaiting final discussion, and it has not been voted on yet.

3- Law of the Council of Representatives and its amendment: the draft amendment to the parliament’s rules of procedure is present in the committees and did not reach the voting session.

4- Right to Access Information Law: one of the projects awaiting comprehensive discussion, aiming to guarantee freedom of access to information for citizens.

5- Draft amendment of the Pension Law: among the awaited legislations that have not yet been debated.

6- More than 100 important draft laws: according to statements by deputies, there are more than 120 draft laws postponed to the current legislative cycle, which has extended since the date of its first session.

The legislative stalemate occurring within the framework of the legislative institution cannot be resolved except through a reform revolution aimed at restructuring the institution and its formation, which we will discuss in what follows.

Third: the need of the legislative authority for a reform revolution

The reform revolution in the legislative authority means a set of radical and deep reforms, the purpose of which is to rebuild the legislative institution on professional and constitutional foundations, correct the path of parliamentary work, and enhance independence, integrity, and efficiency. It is reform from within through legal and constitutional tools, to preserve political stability and achieve citizens’ aspirations, and this reform has several requirements:

1- Separation of powers: strengthening the legislative authority leads to weakening the dominance of the executive authority, which ensures institutional balance.

2- Responding to the requirements of the modern state: the contemporary state needs legislations that are flexible, adaptable to economic and technological developments, and based on scientific studies and expertise.

3- Confronting political and legislative corruption: radical reform contributes to reducing chaos inside parliament and enhancing integrity and efficiency in legislation.

4- Achieving political and social stability: just and effective legislations reduce social congestion and recurring political crises.

5- Keeping pace with social and economic developments: Iraq needs laws that serve citizens. The laws currently in force in Iraq date back to the decisions of the Revolutionary Command Council and some decisions of this council no longer align with the nature of the current stage, especially with the neglect of human rights laws, and despite this diagnosis, the prevailing situation among most parties, blocs, and authorities is still marked by political chaos that has happened in over the past two decades, the country has prevented amendments to be made to the laws, and such amendments can only be made through:
1- Reforming the electoral system to ensure fair representation, reduce the influence of political money, and enhance the access of competent individuals to parliament.
2- Restructuring the internal system of parliament by organizing sessions, regulating attendance, setting time limits for the discussion of laws, and imposing penalties for unjustified absences.
3- Strengthening legislative professionalism by involving experts and academics in drafting laws, establishing research units to support MPs, and adopting legislative impact assessments before approving laws.
4- Activating the real oversight role: by keeping oversight free from political conflicts, enhancing the independence of parliamentary committees, and protecting oversight MPs from political pressures.
5- Enhancing transparency and accountability: by publishing session minutes and voting results, opening direct communication channels with citizens, and enabling the media and civil society to monitor parliamentary performance.
6- Accountability of the people: Article (22/Second) of the Iraqi Constitution confirms that work is a right for all Iraqis and that the state guarantees them fair conditions for it, and that failing to legislate laws that regulate labor and living rights is a direct failure to fulfill this commitment. Article (30/First) also obliges the state to ensure a dignified life for citizens. Since the parliament is the legislative instrument to achieve this, the failure of its members to perform their duties due to absence or unjustified absence constitutes a violation that requires accountability.

In this regard, the theory of civil tort liability stipulated in Article (204) of the Iraqi Civil Code No. (40) of 1951, as amended, requires the existence of fault, damage, and a causal link. When these three elements are met, the injured party has the right to claim compensation. The continuous and unjustified absence of members of parliament from their sessions, with their full knowledge of the legislative paralysis and the direct impact on people’s lives that results from it, constitutes a serious fault. The resulting damage, whether from obstructing social welfare laws, labor rights, or public services, is a confirmed damage, which opens the way for civil liability to arise.

Fourth: Factors Affecting the Future of Deferred Laws and Legislation
1- The Nature of the Consensus-Based Political System: A system based on consensus and power-sharing makes legislation dependent on unanimity, which complicates the passage of contentious laws.
2- Performance of the House of Representatives: Through parliamentary discipline, the efficiency of committees, and the seriousness of the parliamentary leadership.
3- Popular and Media Pressure: The greater the societal awareness and pressure, the higher the chances of reviving stagnant laws or forcing the parliament to take a clear stance on them.
4- Judicial and Constitutional Role: The Federal Court contributes to interpreting constitutional texts or limiting the obstruction of certain legislation, but its role remains indirect.

In the event that the legislative authority continues to be existing with its current performance and mechanisms of acceptance and non-decisiveness of laws, the repercussions of this will be reflected in:

• Weakening the structure of the legislative authority.

• Loss of popular confidence in the political system.

• Delay of economic and administrative reforms.

• Expansion of the legal vacuum or reliance on executive decisions instead of legislation.

Fifth: possible scenarios for the future of deferred laws and legislations

1- Scenario of continuation of the current path: and it means that the postponement of laws will continue as is, postponed to future parliamentary cycles, and this scenario leads to the guarantee of passing laws free from legislative obstruction. This scenario occurs in the case of the continuation of political differences with weak parliamentary discipline and the absence of institutional reform.

2- Scenario of selective passing of laws: and it means that the future of deferred legislations will be selective, subject to the political balance more than the societal need. The nature of the laws that parliament tends to pass within this scenario are those that are non-controversial or of a technical or service nature, while those that will be postponed are the strategic or sovereign laws (such as the Oil and Gas Law or political party reform).

3- Scenario of political consensus to resolve laws: meaning that some of the deferred laws are resolved in one batch, especially those related to administrative and economic reform, but this scenario requires a strong political will, and it is the least achievable so far. This scenario is achieved in the case of broad political consensus or real popular pressure, or intervention of the Presidency of the State or the Federal Supreme Court.

4- Scenario of implicit cancellation: meaning that some non-important laws may be implicitly cancelled without an official vote, which is achieved through practical neglect, or withdrawing them from committees, or the loss of their importance due to changing circumstances.

Conclusion

Deferred legislations are considered one of the most prominent challenges facing the path of building the state and consolidating political, economic, and social stability. The continued postponement of passing these laws does not only reflect on the legislative performance of the Council of Representatives, but also contributes to undermining citizens’ confidence in legislative institutions and weakens the state’s ability to respond to the requirements of the transitional stage. Therefore, addressing the phenomenon of deferred legislations requires serious political will, effective parliamentary reform, and supporting comprehensive reforms demanded by Iraqi society. Effective legislation is not an optional choice, but rather an urgent necessity for building a stable Iraq capable of facing future challenges as well as the large number of deferred laws also clearly reflects the performance of the legislative authority, and places major question marks about the effectiveness of parliament in carrying out the constitutional tasks entrusted to it, and that the accumulation of files without resolution weakens citizens’ confidence in the political process and its elected institutions.

Accordingly, the legislative authority has become in need of a reform revolution, not as a political option, but rather a constitutional, societal, and national necessity to ensure the survival of the state and its stability. A strong, independent, and effective parliament represents the cornerstone of any real democratic system.

The achievement of this reform revolution cannot take place unless efforts are integrated between political will, societal awareness, constitutional and legal support, in a way that ensures the transition of the legislative authority from a state of stagnation and weakness to an effective and capable institution to lead comprehensive reform.

Recommendations:

1- Members of the new parliament and political blocs must distance themselves from partisan conflicts and narrow political disputes, and work to re-order legislative priorities in a way that serves the citizen first, not factional interests.

2- The necessity of ensuring that the coming parliamentary cycle includes a clear legislative plan that guarantees resolving suspended laws during the first year of the new parliament’s term, under direct supervision of the Presidency of the Council, in a way that ensures the production of an effective, not deferred, parliamentary cycle.

3- Providing political will.

4- Strengthening the culture of consensus among blocs and the necessity of adopting mechanisms of prior political dialogue before presenting laws for public debate.

5- Adopting regulatory penalties for unjustified absentees with the aim of raising the percentage of legal quorum completion.

6- Amending the internal rules of work of parliament to ensure holding legal sessions for voting and not only for political discussion.

7- Involving civil society and specialists in the stage of drafting legislations to ensure broader acceptance and avoid rejection before voting.

8- Activating the oversight and media role.

9- Encouraging media outlets and civil society organizations to follow up on the file of deferred legislations and shed light on them to increase popular pressure toward their approval.

10- Commitment to time schedules.

11- Setting specific time ceilings for discussing and approving deferred laws, with holding accountable the entities that cause their obstruction without legal justification.

12- Enhancing the legislative capacities of the Council of Representatives.

13- Developing the legal and technical competencies of parliamentary committees through training and seeking the assistance of experts, to ensure the quality of legislations and the speed of their completion.

14- Expanding the circle of participation to include academics, unions, and the private sector when drafting laws, which enhances their realism and applicability.

15- Periodic review of deferred laws.

16- Conducting a periodic evaluation of the reasons for postponement and addressing the legal or political obstacles that prevent their approval.

17- Announcing the reasons for postponing legislations to public opinion in a clear manner, which enhances confidence and limits doubts about the motives of obstruction.