الانعكاسات السلبية للمحاصصة السياسية على البنية المؤسسية و المجتمعية للنظام الديمقراطي في العراق : "الشرق الأوسط" أنموذجا

Abstract EN

When talking about the negative repercussions of seizing the political structure of the institutional democratic system in Iraq, Its better to go back to the basis upon which the structure of these institutions is the council of governing wich compose ,in 2003on the basis of sect and nationalism who formed the Iraqi constitutions 2005, which his critics has remarked many flaws and shortages and ambiguities, but that despite of all , did not refer explicitly and specifically to the( quota system) as an approach in the management of the state and its power-sharing, Even not in the formation of its structures and institutions directly.

in order to understand these implications we will address them as follows: Implications for official institutions Institutions and positions of legislative Authority:The Article -48-of the Iraqi Constitution of 2005 Refer that the legislative authority in Iraq compose of two houses : the first House of Representatives (Parliament), and the second is Federation Council, and if the formation of the first (Parliament) has been accomplished; we have not yet seen the birth of the second chamber.

And despite the fact that the post of Parliament President and his deputies would be chosen the election according to the articles 54 and 55, but till now these positions subject to the effective for bargains associated with the political quota system within formwork of nationalism and religious, sectarian, which would be established an bad & dangerous precedent if the work continued by.

This also applies to the selection of Council Vice-President as well as among the heads and members of the committees that careful notes formed to represent all politicalblocs regardless of the professionalism and objectivity.And this is negatively affects its work as the house of real legislation.

Institutions and positions of the executive Authority:The Article- 66-of the Iraqi Constitution of 2005, Refer to the executiveFederal Authority composition bilaterally from both the President and the Council of Ministers (not the prime minister and the Prime Minister council) to be so similar to the countries that implement the parliamentarian system.

According to ( article 69 section II) that : a specific law shall regulate the provisions of choosing one or more Deputy President of the Republic, But actually no specific law regarding Vice President selection have been issued.

Yet, theinsistence on representation of all components of society in all sections & positions of the government institutions including vice president, whom –President- has three Deputies (Sunni, Shiite and third is Kurd), a triple formulation that has become closely with most positions in the official institutions in accordance with the composition upon which the political quota system in Iraq Standing on.

Because of the problems experienced by this quota system, only one of the Deputies was left until the April / 2013,after the resignation of the first,whom objectedon increasing the number of Vice-Presidents, and accusing the secondwith terrorism charges as well as his escape outside Iraq and issue judgments against him.

As far as itsconcern with the office of prime minister, the Article -76- of the IraqiConstitution referred that:the President of the Republic call for the candidate of the parliamentary majority to form a cabinet.This assignment is facing the problem of lack of clarity in the intended constitutional text (parliamentary bloc, the most numerous), and whether that meant: the block, which won parliamentary elections or, parliamentary bloc which consists in the parliament after winning the elections.

Moreover, there is also the problem that concerning the composition of the Council of Ministers on the basis of sharing Ministerial bags among all the winners according to the quota system, which miss the opposition in parliament and therefore miss the most important feature of the advantages of a parliamentary system, which is supervisory role (who s watching whom ?).

Institutions positions of the judiciary: despite of the text of Article - 87- of Iraqi Constitutionthat referring to:the judiciary is independent and vested in courts of different types and grades and rules according to the law.

As well as Article -88- which refer that: judges are independent and no authority over them except that of the law.

But the Iraqi judiciary with its institutions and Personalsas well as its provisions did not deliver in fact from the influnce of the politicians who are trying to entanglement in disputes and the use of all of them to spend resolved in his favor despite the political nature of these disputes, in order to legitimize legal positions in an attempt to determine how the offending parties have fully Failing politically &legally, and theexamples are many.

Institutions and Security positions: If the political quota system has left its negative effects on the structures and positions of the three main institutions (legislative, executive and judicial), So it is natural, but inevitable, too, that have an impact on the sub-components of these institutions and their positions, particularly the security institutions and the nature of its work as well as the level of its professionalism.

This is reflected clearly as we notice the decline in the security situation in Iraq and the frequent and repeated violations suffered by them, which is almost everyone agrees that it caused primarily by lack of independence of the security institutions and lack of professionalism and poor readiness.

and they instead become a factor of contentment for all Iraqis individuals and powers , has become a means of repressive, however, who controls the rule, especially the incumbent Prime Minister for being commander in chief of the armed forces and the security institutions in accordance with the Constitution.after they have been disabled mechanisms stipulated by the Constitution in the selection of top leaders of the military and security forces, and in the cases that have been, or will be, where the application of these mechanisms, they in turn will be subject to the rules of the political quota system that suffers everything in the institutions&positions of the Iraqi state from thier harms and dis-advantages.

Independent Bodies:The Iraqi Constitution, in Article - 102-Focused on:The formations of independent bodies, without specifying its association, but select the subject to the control of the House of Representatives (parliament).

But this independence were not real, if these bodies independent theoretically in terms of destination of the link or administration management, they are in fact, not the case by virtue of association, whether through their managers or a majority of its members and the most influential on who belongs to these managers or members who have worked all of them to confer sectarian nature or national characteristic of the component to which it belongs to the body which is chaired by or operates.

a character who has become subject to him and characterized by all the ingredients partisan participating today in the political process in Iraq, and may be, they go further than that by using them for these bodies to the exclusion of their opponents and disposal them in every way possible and this is what we have observed with the Integrity Commission and center bank.

Lack of institutional and legislative: The meaning of (institutional inferiority) is not formingan institutions that the Constitution referred to be created up to now, such as Federal Council and the Federal service Council, which was intended to subdue the issue of appointments in state institutions to standards of efficiency and capacity, and reduce the suffering from these appointments now undergo mood partisan and sectarian nationalism.

While the (Legislative inferiority) means: the incomplete legislation by the Constitution (the laws of political parties and freedom of expression ...

etc), where he made sure most of the political parties and blocs not released in order not to put itself in the awkward to abide by the rules of work not want it, it can cause the loss of what earned its absence, may reveal a lot of things in case it is released, as it became clear that the survival of many political parties and blocs depends on the survival of the state of chaos and instability.