In his appear­ance on Al-Hurra TV, head of the “J and A” Ali Al-Lami explained one con­tro­ver­sial issue of the use of Article(7) of the con­sti­tu­tion to imple­ment the exclu­sion of the can­di­dates deci­sion, say­ing the following:

We [JA Com­mis­sion] checked the names of the polit­i­cal blocs and then we asked IHEC: What to do with the names we found in the list? IHEC in its turn asked the Fed­eral Court to clar­ify Article(7) accord­ing to the con­sti­tu­tion, the FC’s expla­na­tion approved the procedure.

The above, is the ques­tion IHEC asked the Supreme Fed­eral Court:

IHEC asks the Fed­eral Supreme Court to clar­ify Arti­cle (7/1) of the con­sti­tu­tion (Any entity or ide­ol­ogy that adopts racism, ter­ror­ism, tak­fir or eth­nic cleans­ing or incite, facil­i­tate, glo­ri­fie, pro­mote, jus­tify [ter­ror­ism], espe­cially Saddam’s Baath in Iraq and its sym­bols. Does this mean the inclu­sion of lead­ers of some polit­i­cal enti­ties in the de-Baathification pro­ce­dures and that each [polit­i­cal] entity adopts this pro­hib­ited ide­ol­ogy is banned under Arti­cle (7) of the Con­sti­tu­tion and thereby the exclu­sion of the whole entity.

The Fed­eral Supreme Court answered the question(s) in two parts.

Part (1)

No need to trans­late all answer, because it very strait for­ward, say­ing yes this polit­i­cal bloc is not allowed to par­tic­i­pate in multi-political Iraq under any name.

The sec­ond answer is very interesting

Part (2)

As for the sec­ond part of your request, which is to express an opin­ion, of whether arti­cle (7) of the Con­sti­tu­tion of the Repub­lic of Iraq means the inclu­sion of the bloc’s leader in the de-Baathification pro­ce­dures, and the abo­li­tion of the polit­i­cal bloc he headed?

After check­ing, the court found that this request is out of its juris­dic­tion accord­ing to Arti­cle (93) of the Con­sti­tu­tion of the Repub­lic of Iraq, Arti­cle (4) of the Code of the Fed­eral Supreme Court No. (30 of 2005) because it is a pro­ce­dural issue, which can be decided by the “IHEC”. This is the Fed­eral Supreme Court response on the issue, and the opin­ion is agreed upon.

As you see above, the sit­u­a­tion is more com­pli­cated than Biden’s medi­a­tion. The deci­sion to exclude the can­di­dates is not taken by “JA” alone, it is a shared deci­sion made by the three institutions.