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Federal: members of the parliamentary opposition exercise full constitutional guarantees


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The Federal Court responds to the President of the Council of Kirkuk and its governor against Abadi

08:26 - 19/12/2018

 
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BAGHDAD - 
The Federal Supreme Court has filed a lawsuit against the head of the Kirkuk Council / Repoar Talabani, the governor of Najmuddin Karim and a number of members of the provincial council against the former Prime Minister Haider Abadi on the events of October 16, 2017.

 

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  • yota691 changed the title to Ruling on the articles of the House of Representatives law, including pensions
 
Sunday, December 23,
 
 
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Alsumaria News / Baghdad
issued a Federal Supreme Court on Sunday ruled unconstitutional articles in the House of Representatives Law and its formations No. 13 of 2018 

, said the official spokesman of the court Illes Acommok in a statement , News received Alsumaria copy of it, " the Federal Supreme Court held its day under the chairmanship of Judge Medhat Mahmoud and the presence of all members of the judges, and considered appeals on articles in the Law of the House of Representatives and Formations No. 13 of 2018.

 

 


"The court ruled that article 6 (second) was unconstitutional, which gave MPs the right to sue for others, and article (11 / IV) ), Which was considered a member of the House of Representatives lagging behind the presence, if not become a deputy. 

The court also ruled that article 13, which discriminates against the president and his deputies, and the members of the council, is not constitutional in terms of salaries that differ from the salaries covered by the Unified Pension Law. Article 17 authorizes the council to issue legislative decisions other than those stipulated by the constitution. The system of priorities as being the authority of the Ministry of Foreign Affairs. " 

The Samok, that "

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Release date: 2018/12/23 15:50 • 36 times read
Full text of the Federal Court decision on pensions for MPs
(Baghdad: Al Furat News) The Federal Supreme Court today ruled unconstitutional articles in the Law of the House of Representatives and Formations No. 13 of 2018, including pensions.
"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges, and considered appeals to articles in the Law of the House of Representatives and its formations No. 13 of 2018," the spokesman of the court, Ayas al-Samuk, "He said. 
Samok added that "the court, after completing its procedures as it checked the articles contested unconstitutional with the Constitution, issued a ruling in this regard." 
For the full text of the resolution click here
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The parliamentary law attached to the federal rule regarding the articles of the law of Parliament and its formations

11:02 - 24/12/2018

 
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BAGHDAD - 
The Legal Committee in the House of Representatives on Monday suspended the Federal Court's ruling on the articles of the Parliament's Law and its Formations No. 13 of 2018. 
The committee member Bahar Mahmoud said in a statement received by Mawazine News that " Of the law of the House of Representatives by the court, which gives the power to the deputy to receive a replacement for others is good because the work of parliamentary oversight and legislative, nothing else, Article 13, which is of interest to the street because it gives the right to members of parliament to retire even if they do not have a specific age and also a right decision of In order to achieve social justice, the President of Parliament has already given up on him His article before the court, and article 68, which belong to priority because it is the prerogative of the Ministry of Alkharahih and not the parliament. "
Either on articles 17 and 11, Mahmoud held that " the court 's decision to these two articles was unfortunate as article 17 , paragraph 7 , concerning the powers of the parliament to issue legislative decisions and should have the legislative authority the right to issue decisions be of force of the law to be implemented by the government" 
and followed Mahmoud : "Article 11 was supposed to the court not to appeal against this article is unfair to be held accountable for the deputy who was sworn in on the absences but did not hold the winning candidate who was not sworn in for an open period," Mirdifa: "is supposed to determine the duration To take oaths or to count absences and to abide by parliamentary action From the day of the first session of the House of Representatives to those who took the oath and who did not take the oath. "Ended 29 / a 43

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  • yota691 changed the title to The decision of the Federal Supreme Court a new start towards activating the role of the House of Representatives
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The decision of the Federal Supreme Court a new start towards activating the role of the House of Representatives

25/12/2018

 
 

Dr. Bashar Al-Hattab

Is a researcher in constitutional law

After resolving the decision of the Federal Supreme Court for the constitutionality of many articles of the Law of the House of Representatives and Formations No. (13) for the year 2018 under its Resolution No. 140 / Federal / 2018 on 23/12/2018, this decision represents a new turning point in parliamentary life in Iraq, where Is one of the causes of the perversions that have passed through the activities of the Constitutional Council during the last period, including the absence of the organizational structure of the legislative authority, which is the vital basis for the exercise of constitutional control functions towards the work of the government, where the independence of the legislative institution as a federal authority in the management of its internal affairs is indispensable in all Ghada Q parliamentary democracies in the same countries.

And we highlight the most important joints, which is a new start of the House of Representatives towards activating its role in the constitutional life in Iraq, as follows:

1. The Federal Court's decision on the constitutionality of article 15 of the law obliging the government and its executive agencies to respond to the correspondence and correspondence of the members of the House of Representatives which are issued from their offices with their signatures as official correspondence. This trend reflects the role of the individual represented by the member of the House of Representatives The entity of the legislature and a representative of its will.

2 - Activating the supervisory role of the Council of Representatives in accordance with Article 30 of the law by setting a binding period of time for the government and its administrative bodies not exceeding one month for the purpose of answering the Council's call to present a general subject for discussion in order to clarify the policy and performance of the Council of Ministers or the Ministry concerned. The regulatory action shortens the legal periods in the feasibility statement by following the means of parliamentary control over the issues raised.

3- Enhancing the role of the House of Representatives in the accountability of Ministers or officials accused of corruption and waste of public funds through Article 33 of the restriction on the freedom of the person questioned by the Council of Representatives to change his legal status during the period of interrogation while preventing his retirement or dismissal. By the Council of Ministers or the Minister concerned, as well as to prevent the submission of a request for resignation as a means to escape from accountability, whether political or criminal accountability in order to prosecute the wrong official to protect public money.

4. The House of Representatives shall be governed by Article 48 of the Directorate of Internal Affairs independently and shall not be subject to the approval or approval of the Government, whether issued by the Prime Minister or the Council of Ministers, by granting authority to the Speaker of the Council of Representatives and his two Deputies. This is an important issue that translates the freedom of the legislative authority to manage its affairs in isolation from the governmental influence, which is usually a means of pressure used to disrupt the functioning of the House of Representatives.

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  • yota691 changed the title to A judicial ruling in Baghdad obliges the government to pay the dues of the peasants of the region
Editorial Date: 2018/12/26 22:42  146 times read
A judicial ruling in Baghdad obliges the government to pay the dues of the peasants of the region
(Baghdad: Al Furat News) The Court of Rusafa in Baghdad, on Wednesday, the obligation of the federal government to pay the financial dues of the farmers of the Kurdistan region for the years 2014, 2015 and 2016.
The court ruled in favor of the farmers in the region who marketed the wheat and barley crops for the three years, amounting to more than 500 million Iraqi dinars. 
The Kurdistan Democratic Party bloc in the Iraqi Council of Representatives headed by MP Fian Sabri has repeatedly called on the government to pay the financial dues of the farmers of the Kurdistan region, especially in the discussions that took place before the formation of the government Adel Abdul Mahdi, when discussing the government program voted by the House of Representatives was one of the important claims that demanded The Kurdistan Democratic Party bloc on the tongue of the head of the bloc in the meeting, which was held under the chairmanship of First Deputy Speaker of the House of Representatives Hassan al-Kaabi when the introduction of the government curriculum for discussion. 
And 21 demands demanded by the bloc is to pay the dues of farmers in the Kurdistan Region for the full three years that passed as a condition to vote on the government program.
For his part, MP from the Kurdistan Democratic Party MP Mohammed Amin Fares during the meetings of the Committee on Agriculture hosted the hosting of the Minister of Agriculture and Minister of Water Resources and Undersecretary of Commerce to resolve the issue of financial dues for the farmers of the Kurdistan Region and decided to meet the call for the disbursement of these dues for the years 2014, 2015 and 2016. Ended
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28-12-2018 03:14 PM

The Iraqi judiciary faces the test of credibility and independence

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Baghdad News: 
Iraqi judiciary stands today in front of the challenge of another kind, which puts its independence and credibility and even its neutrality and reputation at stake, especially with the frequency of leaks and information on the direction of the Iraqi judiciary representative body for discrimination in view Palmhmolin the provisions of the accountability and justice law degrees from the dissolved Baath Supreme Party (Member of the band, a member of the Division and a member of the branch) and the intention of the last - the discriminatory - to remove the eradication of the current Minister of Communications Na'im Thajil Yusr al-Rubaie.
Al-Rubaie submitted a written request in 2004 confirming his affiliation with the dissolved Ba'ath party organizations and as a "member of a group". He asked for the exceptions to the law to return to the post, provided that he does not take a leadership post (general manager and above) The position of sovereign against the shadow of the law of the accountability and justice and its actions defying all political forces and revealing their secrets and manipulations of the laws if the interests of the relative and blatant falsification of their claims to fight the Baath !!!
Perhaps the Minister of Communications spring is not the first to be overlooked by the accountability and justice, and will not be the last as long as he works to support the "community" and in the service of the "doctrine" and most important of all that the Muslim neighbor "Iran" insist on assuming the post of the Ministry of Communications and with the knowledge of Abdul Mahdi and complete what he began Minister Rashed, and here lies the elements of pressure directed at the Iraqi judiciary by the tools of Iranian pressure in Baghdad to induce him not to include the Minister (Naim Thajil pleased spring) the procedures of accountability and justice and political demands of Prime Minister Abdul Mahdi, which is abandoned by Mr. Abdul Mahdi, Influence influence Iranian, which may reveal many of the secrets of Abdul Mahdi and adherence to the desire of General Qassem Soleimani in the Minister of Minister Faleh Al Fayadh Minister of Interior !!! 
And that the attachment of Abdul Mahdi to the Minister of Communications spring is also behind him the interest of «Iranian national top» related to the optical light carrier of information (Viber), which relies heavily on Iran's Minister Rubaie to adopt the Iranian carrier line to be an additional source of millions of dollars for Iranian national income and an invisible perspective on the US sanctions from On the other hand, and on the other ensuring electronic spy channels that the Americans intensified all their efforts to develop and secure within the joints of the Iraqi National Intelligence Service, which was Naim Thajil Yusr al-Rubaie is the director of the Directorate of Information Technology and Communications in this device Important and vital that the Iranians for breakthrough deficit, so the embrace of Iranian Minister al-Rubaie, communications and exercise all their pressure channels government on Prime Minister Abdul-Mahdi and the discriminatory law of the accountability and justice justifies the leakage of information about the pressure exerted on the judiciary to adopt a decision not to include the Minister Naim
A call to the presidency of the judiciary to maintain the independence of the Iraqi judiciary and reputation and non-compliance with internal and external political pressures, the Iraqi judiciary and its people the last strongholds of the state institutions in Iraq?

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http://www.ikhnews.com/index.php?page=article&id=179966

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  • yota691 changed the title to Five judges of the Federal Court of Cassation are sworn in
31-12-2018 12:58 PM

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Baghdad

On Monday, the Supreme Judicial Council announced the appointment of five judges from the Federal Court of Cassation and the right to a legal right .

A statement issued by the Information Center of the Supreme Judicial Council received by 'news', that 'the members of the Federal Court of Cassation, the right of the right before the President of the Supreme Judicial Council Judge Faik Zidane '.

According to the provisions of Articles 47 / III   and 48 of the Judicial Organization Law, five judges were appointed by the Federal Court of Cassation after a vote by the Iraqi Council of Representatives approving them and in light of the nomination of the Supreme Judicial Council, namely Judge Kazem Abbas Habib Al-Khafaji, Judge Mohammed Qasim al-Janabi, Judge Numan Karim Ahmed al-Bayati, Judge Hassan Fouad Menem al-Khafaji and Judge   Muhammad Abd Ali Shadan al-Ghanmi .

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Five judges of the Federal Court of Cassation are sworn in

Editorial Date: 01/12/2018 12:23  124 times scheduled
Five judges of the Federal Court of Cassation are sworn in
(Baghdad: Al-Furat News) The Supreme Judicial Council announced the appointment of five judges from the members of the Federal Court of Cassation and the right to the right of the judiciary.
A statement issued by the Information Center of the Supreme Judicial Council received the agency {Euphrates News} a copy of it, "members of the Federal Court of Cassation, the right of the right before the President of the Supreme Judicial Council Judge Faik Zidane." 
According to the provisions of Articles 47 / III and 48 of the Judicial Organization Law, five judges were appointed by the Federal Court of Cassation after a vote of the House of Representatives approving them and in light of the nomination of the Supreme Judicial Council, namely Judge Kazem Abbas Habib Al-Khafaji and Judge Mohammed Qasim al-Janabi, Judge Noman Karim Ahmad al-Bayati, Judge Hassan Fouad Menem al-Khafaji and Judge Muhammad Abd Ali Shadan al-Ghanmi. "
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2019/01/02 09:27
  • Number of readings 30
  • Section: Iraq
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Federal Court: 210 constitutional cases were resolved during the past year

 

BAGHDAD / The obelisk: The Federal Supreme Court, Wednesday, 2 January 2018, resolved 210 constitutional claims during the past year, noting that it worked during that period in complex circumstances.

"The Supreme Federal Court ended a new year in an atmosphere that is less complicated to say," said Ayas al-Samuk, a spokesman for the court. "In 2018, the Supreme Court received rulings on important parts of the state and issued judgments according to the constitution in letter and spirit "He said.

He added that "last year witnessed a large number of constitutional cases established by official bodies or organizations and political parties or citizens."

"This indicates the growing confidence in the existence of a supreme judicial body in Iraq that will assume the correct and fair resolution of disputes of a constitutional nature."

"Even in cases that have been rejected because they are not based on a constitution, their provisions include principles that provide for the proper application of the provisions of the constitution and guarantee the rights and freedoms of all components of the Iraqi people in various fields," Samok said.

The spokesman confirmed that "the Federal Supreme Court held during the last year in a month at least two or three per month, a record number for the courts and the constitutional councils in the region."

He pointed out, "the Court's keenness to complete all the procedures by listening to the statements of the parties and all that would bring the suits to the decisive stage."

"All the hearings that were held were public and in the presence of the media to ensure that the public is informed about the proceedings," Samok said. "The court has not taken any decision to make any session secret, although the law gives it authority when necessary."

"During the past year, the Tribunal has received international and Iraqi researchers who have documented their work by reviewing the procedures on the ground and obtaining all their verdicts," he said.

"All judgments and interpretative decisions are published directly on the court's website in both Arabic and English," Samok said.

He said, "The Federal Supreme Court has achieved during the past year an achievement that strengthens the status of Iraq in international forums through the membership of the Executive Office of the Union of Courts and Arab Constitutional Councils."

Al-Samok continued by saying that "Iraq ended last year a very sensitive file, the general elections, which had the role of the main role in not being postponed after the Federal Supreme Court to abide by the provisions of Article (56) of the Constitution of the extension should not exceed the age of the electoral cycle "He said.

He continued, "The court considered successive amendments to the three amendments to the Law of the elections of the Council of Representatives No. 45 of 2013, and issued judgments in respect of which contributed to the completion of the electoral process and the formation of the House of Representatives and the current government."

He went on to say that "many cases involving the technical aspect of the court was keen on the assignment of senior Iraqi experts to express their opinion in the reports they submitted to be taken in accordance with the law."

Al-Samok stressed that "the court strengthened the status of women in political life through the emphasis in a number of provisions issued last year on the principle of" quotas "to allocate at least 25% of the seats of the House of Representatives for women.

He added that "the court went in its rulings on the protection of family and childhood, where it stressed the constitutionality of the dowry of women who are divorced in gold, as compensation and contribute to redress the damage caused by divorce. Islamic law does not prevent the reparation of harm if the most recent is arbitrary in its creation. "

"The court responded to the request of the plaintiff to rule unconstitutional and cancel the decision of citizens to own the land of the state at nominal prices with loans after the failure of the requirement to establish a nursery by the owners of it, and considered that the return of land to state ownership is approved by the Constitution.

He pointed out that "the Federal Supreme Court confirmed in another case that the provisions of the custody of the young person is subject to the interests of the child without the interests of the contestants against the custodians of the custody, and not far from this area, the Court secured the rights of the families of the martyrs, including those who fought against the organization calling the terrorist by emphasizing the Constitutional constitution that gives them a share in the school seats. "

"The court has kept within its jurisdiction public funds through the provisions of one of the stressed the non-occupancy of state-owned property without pay, and has canceled the articles in laws that impede the investment process."

He said, "The Federal Supreme Court has been on the issue of equality among Iraqis, saying it has ruled for example unconstitutional article in the House of Representatives and its composition related to the pensions of the President of the Council and his deputies and members contrary to the provisions of the unified pension law, and this approach is silent among Iraqis In the subject of retirement did not differentiate between a member of the House of Representatives and any employee in the Iraqi state. "

He added that "the court took over the protection of the legislative and oversight role of the House of Representatives, which lost at the beginning of last year and during the previous election session a number of appeals to the questioning of ministers and officials of independent bodies, where it confirmed that the evaluation of the facts is the responsibility of the House of Representatives, To complete the formalities guaranteed by the constitution for the interrogation process. "

"In contrast, the Supreme Federal Court has committed that the House of Representatives does not go beyond its powers stipulated in the Constitution, where it ruled unconstitutional article in the law of the House of Representatives and its formations authorizing the issuance of legislative decisions have the force of law, except as contained in the Constitution resolutions Responded exclusively ".

He stressed that "in the area of independence of the judiciary, the Federal Supreme Court also ruled the provisions of the unconstitutional materials that empower non-working judges of the federal judiciary, powers of arrest and detention."

Samok reported that "the total cases registered in the Federal Supreme Court in 2018 amounted to 260 suits, where 210 were resolved at the rate of completion of 80.76%, and delay the remainder, and that the reason for the postponement is the issues related to notifications or requests from the parties, or submitted in The month of December is in the last month of the year.

He concluded that "the doors of the court are open to all, both in terms of receiving constitutional cases or attending hearings, in light of the powers provided by the Constitution and Law No. 30 of 2005 and related laws."

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http://almasalah.com/ar/news/160019/المحكمة-الاتحادية-حسم-210-دعاوى-دستورية-خلال-العام-الماضي

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05-01-2019 02:27 PM

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Baghdad / News

Al-Hamdi revealed that she had filed an appeal with the Federal Supreme Court on the session of voting on the Minister of Education Shaima Hayali, pointing out that the real number of deputies voting on the district was not enough .

Hamidi said in a statement that "a number of deputies filed an appeal with the Federal Supreme Court to ascertain the number of deputies voting on the district ."

She added that "the House of Representatives awaiting the decision of the Court to decide on the future of the district," noting that "the real number of deputies who vote on the district was not enough ."

Al-Hamidi explained that "the House of Representatives is unable to remove the district from its position   only in the case of questioning in a parliamentary or to submit an apology to the Prime Minister of the constitutional oath and take office in the government in order to dissect an alternative "

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  • yota691 changed the title to Federal Court of the Euphrates: directing any charges to the President of the Republic and the ministers will be disabled
History of edits:: 2019/1/9 12:32  256 times readable
Federal Court of the Euphrates: directing any charges to the President of the Republic and the ministers will be disabled
[بغدد: الفرات News} The Federal Supreme Court, its role in the charges against the President of the Republic and the Prime Minister and Ministers.
Federal Court spokesman Elias Samok said in an interview with Al-Furat radio station that "the jurisdiction of the Federal Supreme Court to adjudicate the charges against the addresses contained in the constitutional text can be considered as an interruption. 
He pointed out that "the appreciation of the political situation is due to observers and specialists, and we do not interfere in the political issue because our work is constitutional and legal research." 
He pointed out that "the Federal Supreme Court is the gate of public freedoms and operates in accordance with the powers stipulated in the Constitution and the law has no authority other than the law and hold meetings publicly, and although the law authorizes the conversion of meetings to a secret, but did not turn any session to the secret, The media in its sessions so that everyone can see its procedures. "
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The Supreme Judicial Council: The Federal Court is not the highest judicial body

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Headquarters of the Supreme Judicial Authority in Iraq

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Digital Media NRT

The Supreme Judicial Council said in a clarification on Thursday that there was no truth to a media report that "the Federal Supreme Court is the highest judicial body in the judiciary . "

The Council explained in a statement after its meeting today, January 10, 2019, that the transfer of one of the satellite channels to a speech attributed to the media spokesman of the Federal Court, which contained a section of it (that the Federal Court is the highest judicial body in the judiciary) inaccurate, noting that "Article (89) of the Constitution provided for the census of the components of the judiciary according to the sequence of importance (Supreme Judicial Council, the Federal Court, the Federal Court of Cassation, the Public Prosecutor's Office, the Judicial Supervisory Authority and other federal courts).

He added that "from this text it is clear that the Supreme Judicial Council was mentioned before the Federal Court and thus is advancing in importance and the Supreme Court of the Federal and not as stated in the media statement mentioned."

The statement stressed that article (3) of the Federal Court Law No. 30 of 2005 stipulated that the Supreme Judicial Council is competent to nominate the president and members of the Federal Court, ie, the Supreme Judicial Council is the person who forms this court. How is this court higher than the council it represents ? . .

He pointed out that "there is no text in the Constitution or in the law refers to the Supreme Court of the Federal on the rest of the components of the judiciary, but on the contrary, the only legal provision referring to the designation (the highest judicial body) is the text of Article (12) (160) of 1979, which states that the Court of Cassation is the supreme judicial body.

He added that "the Supreme Judicial Council believes that the responsibility and moral and judicial duty imposes honesty and accuracy in the interpretation of constitutional and legal texts and assumes that this is done objectively and not according to the interpretation of texts in accordance with personal interest."

He called on the Supreme Judicial Council not to release irresponsible statements that mislead public opinion with false information and distort the legal thought of the assumptions do not exist only in the mind of the owner contrary to the Constitution and the law, noting that "is not interested and non-binding any interpretation contrary to the Constitution and the laws in force . "


RC 

http://www.nrttv.com/AR/News.aspx?id=8209&MapID=2

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  • yota691 changed the title to For the first time, a woman is a vice-president of the Iraqi Judicial Association

For the first time, a woman is a vice-president of the Iraqi Judicial Association

11:38 - 13/01/2019

 
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Baghdad - Moazin News The 
Board of Directors of the Iraqi Judicial Association elected Sunday as President of the Assembly and Vice-Chairman of the Assembly. He pointed out that this is the first time that a woman has served as Vice-President of the Assembly. 
A statement issued by the Media Center of the Supreme Judicial Council in a statement received by Mawazine News, a copy of it, that "the Board of Directors of the Iraqi Judicial Association held its first meeting at the headquarters of the Assembly in the capital Baghdad, during which the election of Judge Ghaleb Amer Ghuraibawi President of the Court of Appeal Wasit Federal President of the Assembly "He said. 
He added that "the Board of Directors of the Assembly elected Judge Zaki Jassim within the Vice President to register the first time that the woman is a member of the Iraqi Judicial Association and Vice-President."

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  • yota691 changed the title to Federal Court: A member of the House of Representatives to address the official authorities
Editorial date: 2019/1/14 13:04  114 times read
Federal Court: A member of the House of Representatives to address the official authorities
[Baghdad: Al Furat News} The Federal Supreme Court confirmed the constitutionality of a material that allows a member of the House of Representatives to address official bodies in the exercise of his functions.
The court spokesman Ayas al-Samuk said in a statement received by the agency {Euphrates News} a copy of it, "The Federal Supreme Court when it considered the appeal to the unconstitutionality of articles in Law No. 13 of 2018, one of which is Article (15)." 
He added that "the article authorized a member of the House of Representatives to conduct formal correspondence with the relevant bodies in the exercise of his functions, and set a period to answer them." 
Samok pointed out that "the Federal Supreme Court found that the article contested unconstitutionality does not come out of its content on a regulatory issue, and not in violation of the provisions of the Constitution."
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Federal Court issues a ruling supporting the performance of the Parliament

01:08 - 15/01/2019

 
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BAGHDAD - Mawazine News 
The Supreme Federal Court on Tuesday issued a ruling on the Law of the House of Representatives and its Formations No. (13) of 2018, which supports the monitoring performance of the House of Representatives. 
"The Supreme Federal Court, when considering the appeal against the unconstitutionality of articles in the law of the House of Representatives and its formations, was one of the articles (30 / II)," the court's spokesman, Ayas al-Samuk, said in a statement received by Mawazine News. 
Samok added that "that article set a deadline of one month to determine the date of clarification of the Council of Ministers or one of the ministries from the date of submission." 
The official spokesman pointed out that "the court found that the appeal in that article is not based on the support of the Constitution as an organizational text to ensure the proper functioning of the House of Representatives."

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National Union MPs complain to the Federal Court about raising the flag of Kurdistan in Kirkuk

11:27 - 15/01/2019

 
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BAGHDAD - Mawazine News 
The Patriotic Union of Kurdistan (PUK) announced Tuesday that they have filed a complaint with the Federal Court to resolve the issue of raising the flag of Kurdistan over the city of Kirkuk. 
"The lifting of the flag of Kurdistan over the city of Kirkuk is a constitutional and legal issue, but some parties and people are trying to mix the papers," said the MP for the National Union bloc Piston Adel during a press conference attended by deputies of the bloc, 
He added that "everyone knows that the Peshmerga forces have protected all components of Kirkuk and made great sacrifices under the flag of Kurdistan, but some parties are trying to turn it into a political issue." 
For his part, said Rep. Tahar Taha, "The knowledge of Kurdistan was raised above the city of Kirkuk in the time of previous governments and there was no problem, the problem in Iraq is to interpret the paragraphs and articles of the Constitution in a mood."
He continued: "Today we brought the issue of areas to the Federal Court, and we filed a complaint against the governor of Kirkuk, an agency that issued an order to drop the flag of Kurdistan from some areas of Kirkuk through the use of force." 
MP Mariwan Nader stressed that "the PUK bloc is defending the constitutional and legal right of the people of Kurdistan, not defending partisan interests, but defending the knowledge of which the people of Kurdistan live freely." 
"We want the regime in Iraq to be a democratic system that preserves the rights of all components. We are defending a people that is a major component of Iraq," he said.

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The Federal Supreme Court issues a ruling to support the performance of the Parliament

13:37 - 15/01/2019
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Information / Baghdad ..

The Federal Supreme Court confirmed the issuance of a ruling on the Law of the House of Representatives and its Formations No. (13) for the year 2018, which supports the monitoring performance of the House of Representatives.

"The Supreme Federal Court, when considering the appeal against the unconstitutionality of articles in the law of the House of Representatives and its formations, was one of them (Article 30 / II)," court spokesman Iyas Samuk said in a statement.

He added that "the article set a deadline of one month to determine the date of clarification of the Council of Ministers or one of the ministries from the date of submission."

He pointed out that "the court found that the appeal in that article is not based on the support of the Constitution as an organizational text to ensure the proper functioning of the House of Representatives."

https://www.almaalomah.com/2019/01/15/382930/

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Tariq Harb: The decision of the Federal Court did not abolish the pensions of MPs but special privileges

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 BAGHDAD (Reuters) - "The ruling of the Federal Court did not abolish the pensions of MPs as it is common because it did not affect the law 9 of 2014, which determines the salaries of pensioners, but the provision of law No. 13 of the year 2018, which abolished special privileges on condition of 50 years old and 15 years of pensions.

"The current and previous pensions are continuing and the way they are now paid by the deputies, where millions of dinars they will continue to sue, which were not affected by the ruling of the Federal Supreme Court because the suits that were established by the government before the court were on the privileges of Law No. 13 of 2018 and The lawsuit is related to Law 9 of 2014, which determines the payment of high salaries to deputies, which is the general law of retirement and can refer to the text of the ruling of the Federal Supreme Court, "adding that" the court ruled unconstitutional article (6 / II) (11 / IV), which considered the member of the House of Representatives lagging behind the attendance, if not become a deputy, and also ruled unconstitutional Article (13), which allocated the President of the Council and its deputies, and members of the Council salaries of pensions differ from the salaries covered by the Retirement Act And Article (17), which authorized the Council to issue legislative decisions, except that The text of the Constitution and article 68 concerning the authority of the Council in establishing the system of precedents being the competence of the Ministry of Foreign Affairs. The rest of the 25 articles of the law contested in the said law were found by the Court to be in violation of the Constitution. "He said. Finished

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  • yota691 changed the title to Al-Mahmoud announces the issuance of binding resolutions that strengthened the legislative and supervisory role of the parliament

Al-Mahmoud announces the issuance of binding resolutions that strengthened the legislative and supervisory role of the parliament

11:26 - 22/01/2019

 
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BAGHDAD - Mawazine News 
The President of the Federal Supreme Court Judge Medhat al-Mahmoud, on Tuesday, the issuance of binding decisions strengthened the legislative and oversight role of parliament. 
"Justice Medhat al-Mahmoud, President of the Federal Supreme Court, received Deputy Speaker of the House of Representatives Bashir Haddad, where he discussed a number of common issues, including public freedoms and the rule of law and consolidate it according to Provisions of the Constitution ". 
"The Supreme Federal Court is keen to support the performance of the Council of Representatives in accordance with its competencies stipulated in the Constitution, and has issued several provisions and binding decisions that strengthened the parliamentary legislative and supervisory role." 
He stressed the President of the Court, "the continuation of joint coordination between the authorities according to the Constitution, and deepen public freedoms and equality among Iraqis."

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  • yota691 changed the title to The formation of a new court in Baghdad
Release date: 2019/1/27 13:30  145 times read
The formation of a new court in Baghdad
(Baghdad: al-Furat News) announced the Supreme Judicial Council for the formation of a court with chains in Baghdad on behalf of «court house in the same chains» linked Presidency of the Court of Appeal Baghdad / Karkh federal.
A statement issued by the Information Center of the Supreme Judicial Council in a statement that "the Council decided to form a court of justice of the Presidency of the Court of Appeal Baghdad / Karkh federal and includes a court of origin and a court of misdemeanors and an investigation court." 
He added that "the personal status court in the same chains will move to the headquarters of the court of justice to be formed in the coming days, pointing out that" the spatial jurisdiction of the said house includes the areas of {Al-Nur, Sabayat, Al-Jawadin neighborhood. 
")" The new court was formed on the basis of Presented by the Presidency of the Karkh Appeal Court and based on the provisions of the Judicial Organization Law. "
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The Federation shall file an action to challenge the damages of the deceased regime

 
 Baghdad / Al-Sabah
The Federal Supreme Court on Sunday rejected a lawsuit filed by the head of the Public Prosecutor's Office to challenge the unconstitutionality of decisions in the Compensation Commission for those who lost part of their bodies due to the practices of the former regime in accordance with Law No. 5 of 2009 for the approval of non-judicial bodies. In a statement received by al-Sabah, the court's spokesman, Iyas al-Samuk, said that "the Federal Supreme Court considered a lawsuit filed by the head of public prosecution in addition to his job, including the Speaker of the House of Representatives, in addition to his job. Of Article 4 of the Law to compensate those who lost part of their bodies as a result of the practices of the former regime No. (5) of 2009, for violating the provisions of Articles (19, 47 and 88) of the Constitution.
"The article challenged the unconstitutionality provides for the formation of a committee headed by a judge and the membership of representatives not less than a director of the ministries of health, finance, labor and social affairs and municipalities in each province to resolve the requests for compensation and raise its decisions to the governor for approval," noting that " This violates the independence of the judiciary and is an interference in the functions of the federal judiciary.
He explained that "the Federal Supreme Court and the audit of the components of the Commission found that they consist of a judge and the membership of five civil servants, not less than any of them from the Director, representatives of the ministries mentioned and its task to decide on requests for compensation and the voice of the judge in this committee equal to the rest of the members of the Committee."
"The court stated in its ruling that this task is not one of the core functions of the jurisdiction that decides disputes between the opponents, but it is a task that is predominantly administrative and not purely judicial decisions and is subject to the methods of appeal prescribed by the law. Does not intersect with the constitutional articles cited by the plaintiff in his lawsuit, "noting that" this trend went to the Federal Supreme Court in a previous ruling lawsuit 32 / Federal / 2015, which was issued 10/8/2015, and accordingly decided to return the case because it is not based To the support of the Constitution. "
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Release date: 2019/1/28 12:46  60 times read
Federal Court: Restrict the mandate of the president of the Bar in two consecutive sessions does not violate the Constitution
The Federal Supreme Court ruled that the law of law no. 173 of 1965 requires the president not to be elected for more than two consecutive terms, which does not contravene the provisions of the constitution, indicating that this law started under normal circumstances and settled its rulings half a century ago.

"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of its judges all members, and considered a lawsuit in which the prosecutor, the Speaker of the House of Representatives, in addition to his job." The spokesman of the court Ayas al-Samuk said in a statement received by the agency {Euphrates News} a copy. 
Samok added that "the plaintiff, under the petition of his petition, has requested the ruling not to invoke Article 84 of the Law of Law No. 173 of 1965, which does not allow the election of the captain more than twice in a row." 
He pointed out that "the plaintiff based his appeal to articles {6, 14, 20} of the Constitution, where it was found that the text subject to appeal contrary to these constitutional articles. 
He pointed out that "
The official spokesman added that "the Federal Supreme Court returned to Article 84 of the Law of Lawyers, and found that this law (special law) regulates the affairs of a specific segment of citizens, a slice of lawyers, starting from belonging to the Bar until the retirement. 
He said that the Federal Supreme Court confirmed that the privacy of this law according to the segment that is regulated, which started under normal circumstances, and settled its provisions for half a century and a thousand, which are special provisions and does not contradict with the constitutional articles provided by the plaintiff, Because they are not based on a charter from the Constitution. "

 
 
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Federal Court to consider the request to rule unconstitutional mandate of the President of the Republic to the Prime Minister

13:41 - 30/01/2019

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Information / Baghdad ..

The Federal Supreme Court announced on Wednesday that it is considering a case to rule unconstitutional decree of the President of the Republic to mandate the Prime Minister to form a Council of Ministers.

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the members of the judges and considered a lawsuit in which the plaintiff, both the President of the Republic and the Prime Minister, in addition to their job," the court's spokesman Ayas al-Samuk said in a statement.

"The prosecutor said that the first defendant, the president of the republic, in addition to his job, has assigned the second defendant, the prime minister, in addition to his job as prime minister to form the cabinet," Samok said.

He added that "the plaintiff stated that the constitutional article (18 / IV), it is not permissible for a person with a foreign nationality to assume a sovereign position, and obliges him to relinquish his acquired nationality, and regulated by law, and Article (9 / IV) 26) for the year 2006, ruled the same provision mentioned in Article (18 / IV) of the Constitution.

"The prosecutor asked the Federal Supreme Court to confirm the resignation of the second defendant, the Prime Minister, in addition to his job, the French nationality acquired, otherwise the provision unconstitutional mandate and cancel the order of the first prosecutor, the President of the Republic, in addition to his function by entrusting the formation of the Council of Ministers.

The Spokesman pointed out that "the Federal Supreme Court examined what was stated in the petition and found that the subject of the abandonment of foreign nationality by the Iraqi who assumes a senior position or security has been provided for in Article (18 / IV) of the Constitution and Article (9 / IV) of The Constitution of the Iraqi Nationality, but the constitutional article mentioned, has stipulated that the abandonment of foreign nationality acquired by law is issued in application of the provisions of the article mentioned (18 / IV) of the Constitution, and this requires the accuracy and accuracy of its application.

Al-Samok said that "the Federal Supreme Court stated that the constitutional and legal articles mentioned above did not specify what is (sovereign positions) or (high security) did not specify how and when to abandon the acquired nationality, and left it to the law issued as stipulated in the provisions of Article (18) (IV) of the Constitution, whose acts can not be governed except by the issuance of that law. "

He pointed out that "the Federal Supreme Court confirmed that this trend was followed in a ruling issued on 19/1/2015 number (100 / federal / 2013), and the text of ((Upon the scrutiny and deliberation of the Federal Supreme Court found that the term (sovereign position) or ( (18 / IV) of the Constitution is limited to the political orientations in Iraq, and those who determine these positions and the extent of their influence in the public policy of the state and organize their meanings in accordance with that law.

He pointed out that "the court stated that the ruling was issued at the request of the House of Representatives on the occasion of receipt (the draft law on the abandonment of acquired nationality) from the Ministry of State for Parliamentary Affairs to the House of Representatives."

He stressed that "the Federal Supreme Court went to the request of the plaintiff to verify the resignation of the second plaintiff, the Prime Minister, in addition to his job, the French nationality acquired is outside the jurisdiction specified in Article (4) of the law No. (30) of 2005, 93) of the Constitution of the Republic of Iraq, and accordingly decided to respond to the lawsuit for not based on the basis of the Constitution. Ending / 25

https://www.almaalomah.com/2019/01/30/386238/

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  • yota691 changed the title to Federal: members of the parliamentary opposition exercise full constitutional guarantees
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