Federal: members of the parliamentary opposition exercise full constitutional guarantees

[Butifldrm]

 

2019/01/30 12:50

• Number of readings 364
• Section: Iraq
•  

Assigning the President of the Republic to the Prime Minister who holds a foreign nationality by forming the Council. Is it constitutional?

BAGHDAD / Al-Masala: Federal Supreme Court spokesman Iyas al-Samuk said Wednesday that the court considered a lawsuit to rule unconstitutional order 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 judges and considered a lawsuit in which the plaintiff both the President of the Republic and the Prime Minister, in addition to their job," Samok 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."

He added that "the plaintiff stated that the constitutional article (18 / IV) does not permit a holder of a foreign nationality to hold a sovereign position and obliges him to relinquish his acquired nationality. This is regulated by law. Article 9 / IV of the Iraqi Nationality Law No. 26) for the year 2006, ruled the same provision provided for in Article (18 / IV) of the Constitution. 

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

He 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 holds a senior position or security has been provided for in Article (18 / IV) of the Constitution and Article (9 / IV) of the Iraqi Nationality Code , But the constitutional article mentioned, provided 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. 

He explained 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 to the law that is issued as ruled by the provisions of Article (18) (IV) of the Constitution, whose acts can not be governed except by the issuance of that law. "

He continued, "The Federal Supreme Court confirmed that this trend went 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 (The high security), which is provided for in Article (18 / IV) of the Constitution is determined to the political orientations in Iraq, and the ones who determine these positions and their impact on the public policy of the state and organize their meanings in accordance with that law). 

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

He added that "the Federal Supreme Court went to the request of the plaintiff to confirm the resignation of the second plaintiff the Prime Minister / in addition to his job, the French nationality acquired is beyond the competence specified in Article (4) of its law No. (30) for 2005, (93) of the Constitution of the Republic of Iraq, and accordingly decided to respond to the case for not based on the basis of the Constitution "..

The obelisk

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[Butifldrm]

 

2019/02/04 11:18

• Number of readings 34
• Section: Iraq
•  

Federal appeal against the unconstitutionality of decisions of the Federal Court of Cassation

The Federal Supreme Court responded on Monday, February 04, 2019, to the appeal of unconstitutional decisions of the Federal Court of Cassation, indicating that the President of the Council does not dispute except within the jurisdiction of the Supreme Judicial Council provided for in Articles (90) and (91) of the Constitution.

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the members of the judiciary. The prosecutor, the president of the Supreme Judicial Council and the president of the Federal Supreme Court of Cassation, considered the case in addition to their job," the court's spokesman Ayas al-Samuk said in a statement.

"The prosecutor stated in his petition that the judicial body supervising the elections of the Union of Iraqi Jurists has invalidated his candidacy and his election as president of the Union and notified the concerned party to take the decision to elect a new president of the Union within the period stipulated in the law of the Union of Iraqi Jurists No. 137 of 1981, the average)".

He added that "the plaintiff said that it followed the decision of the Court of Cassation issued by the Federal Court of Cassation No. (3 / General Assembly / 2017) on 15/3/2017, the above decision was ratified by the Federal Court of Cassation in accordance with its decisions number (11, 12, 14, 15 and 16) / Public Authority / 2017) dated 24/5/2017, for a discriminatory appeal by the plaintiff and other members of the Executive Office and members of the General Assembly of the Union of Iraqi Jurists ".

The official spokesman said that "the plaintiff and his lack of conviction of the discriminatory decisions in violation of the provisions of Articles 16 and 20 of the Constitution, he appealed to the Federal Supreme Court requesting the ruling unconstitutional, for violating the provisions of the Law of the Union of Iraqi Jurists No. 137 of 1981 (amended) And the writing of the Presidency of the Council of Representatives and the Presidency of the Republic in this regard and the above and the fact that Law No. (48) for the year 2017 is contrary to the Constitution, and adopted by the judicial authorities when the issuance of its contested judgments.

He added that "the plaintiff also requested the introduction of the President of the Republic and the Speaker of the House of Representatives third persons in the case / in addition to their job, for the purpose of clarification."

"The Federal Court found that the president of the Supreme Judicial Council, in addition to his job, does not dispute litigation except within the limits of the powers exercised by the Supreme Judicial Council specified in Articles 90 and 91 of the Constitution of the Republic of Iraq in 2005, The judiciary, the administration of justice, the supervision of the federal judiciary, the nomination of members of the Federal Court of Cassation, the head of public prosecution and the head of the judicial oversight body. "

Al-Samok pointed out that "the Federal Supreme Court went in respect of the rulings and decisions issued by the Federal Courts of Appeal and the bodies, courts and committees associated with them, there is no authority to the Supreme Judicial Council in view of the independence enjoyed by the Constitution in Article (19 / I) and Article (88) The consideration of its legality falls outside the jurisdiction of the Supreme Judicial Council, and the dispute may not be directed to the President of the Council in this area. "

He continued that "the Federal Supreme Court said that the dispute against the defendant in his capacity as President of the Federal Court of Cassation at the same time it also does not dispute the decisions and judgments issued by the Court in accordance with the jurisdiction provided by law.

He explained that "the Federal Supreme Court stated that the Federal Court of Cassation under Article (12) of the Judicial Organization Law No. (160) of 1979 does not enjoy the moral personality provided for in articles 47 and 48 of the Civil Code No. (40) In accordance with the provisions of Article (4) of the Civil Procedure Law No. (83) of 1969, which stipulates that the defendant shall be a litigant whose approval shall be subject to a judgment with the approval of the approval of him. Be sentenced or bound by something to assess the case. "

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[yota691]

The judiciary announces important decisions on various issues

Release date: 2019/2/11 11:55 • 280 times read

(Baghdad: Al Furat News) The Supreme Judicial Council held its monthly meeting, chaired by the President of the Federal Court of Cassation Judge (Faik Zeidan) its second session of the current year in the presence of all its members to discuss a number of issues on its agenda and during it.

1 - The President of the Supreme Judicial Council, members of the Supreme Judicial Council, praised the success of the celebration of Iraqi Judiciary Day on 23/1/2019 and reviewed the positive results of this success at the local and international levels. The Council discussed the preparations for the celebration of Iraqi Judiciary Day for the coming year, . 
2. The Council discussed the crime of extortion through social networking sites and decided to direct investigative magistrates to give importance to the investigation of this type of crime. The Council also discussed the phenomenon of using fake websites to harm various segments of society.
He stressed that the Supreme Judicial Council that the Constitution in Article (38) guaranteed the freedom of expression of opinion but under the condition of (not to disturb the public order and ethics) for this Council believes the need to legislate a law dealing with these abnormal phenomena like the rest of the world and the Council the need to deal strongly with users of fictitious websites that exploit to abuse others. 
3. the Supreme Judicial Council , the face of the judges in cooperation with thecompetent authorities of the closure of the phantom headquarters which are not related to state institutions and exploited for illegal purposes and contrary to the law authorities and face the need to take tougher legal action against those who harm the citizens and the institutions of the Ululation. 
4. The Council discussed the last stages of the investigation concerning the crime ofassault on the girl {Rahaf} and death and the deposit of the father 's wife and father in detention to punish them according to law.
5. The Council confirmed to the security authorities the arrest of those who fired shots in accordance with resolution {570} and the need to apply the most legal procedures against them. 
6. The Council discussed the implementation of the Human Trafficking Law No. 28 of 2012 on the issues of beggars and crimes against honor and the need to apply the most severe legal procedures and penalties for the perpetrators of these crimes and to hold the parents of the beggars in accordance with the law. 
7. The Council discussed and approved the rules of procedure of the Association of Iraqi Judges. 
8. The Council discussed the Memorandum of Understanding between the Supreme Judicial Council and the United Kingdom in the field of counter-terrorism. 
9 - The Council discussed the crime of aggression against Deputy Attorney General Samir Ali Suleiman and drew the need to apply the most legal procedures and penalties for the perpetrators of this crime in accordance with the law. 
10. The Council approved the promotion and assignment of a number of judges and prosecutors in accordance with the requirements of the public interest.
11. The Council approved the judicial formations in some appellate areas in accordance with the proposal submitted by the heads of appeal

[yota691]

Federal Court: Freedom of travel of Iraqis within and outside the country may not be restricted

 

Monday 11 February

 

 

Alsumaria News / Baghdad The Federal Supreme Court confirmed on Monday the freedom of the Iraqi travel inside and outside the country, pointing out that this freedom can not be restricted by any legislation.  "The Supreme Federal Court has many constitutional provisions relating to public freedoms," said Ayas al-Samuk, spokesman for the court, in an interview with Alsumaria News. "The most prominent of these rulings was that the Iraqis have freedom of movement and travel inside and outside the country without any conditions."     He pointed out that "the court affirmed at the time that this freedom can not be restricted under any legislation, except for those who have been sentenced to a judicial ruling." He pointed out that "all decisions issued by the Federal Supreme Court are binding and binding on all authorities in accordance with Article 94 of the Constitution."  The judiciary sometimes issues a decision to ban the travel of certain characters, and these characters are always required by judicial or investigative reasons for a subject.

[yota691]

Federal Court ruled unconstitutional establishment of special and special courts

 

Tuesday, February 12

 

 

Alsumaria News / Baghdad The Supreme Federal Court, on Tuesday, unconstitutional establishment of special and special courts, attributed to the violation of its establishment Article 95 of the Constitution.  The official spokesman of the court Ayas al-Samuk said in an interview with Alsumaria News, "The Federal Supreme Court has already issued an explanation of the number (111 / Federal / 2015) on special and exceptional courts mentioned in Article 95 of the Constitution," noting that " That the special and special courts are not always characterized, and be formed outside the framework of the federal judiciary.     He added that "these courts in accordance with the interpretation of the Federal Supreme Court is temporary disappear after the circumstances of its formation, and does not require a judge who meets the availability of legal conditions as required for the judges of the federal judiciary," pointing out that "the Federal Supreme Court ruled unconstitutional establishment of these courts Because its composition violates the provisions of Article (95) of the Constitution. "  He stressed that "all decisions issued by the Federal Supreme Court are binding and binding on all authorities on the basis of Article (94) of the Constitution."

[Butifldrm]

Federal Court: We have not been challenged by the budget of 2019 and our decisions are binding on all authorities

20:19 - 13/02/2019

0

 

  

Information / Private ..

The Federal Court announced on Wednesday that it has not received any appeals against the Budget Law 2019, indicating that it will resolve any appeal received according to the Constitution and its decisions are binding and binding on all authorities.

He said to speak on behalf of the Federal Court Ayas al-Samok for / information / "The Federal Court did not receive any appeal from any point until today, the General Budget Law 2019 voted by the House of Representatives and ratified by the Presidency of the Republic."

He added that "the court will consider any appeal received and resolved in accordance with the Constitution and the law," noting that "the Court used to receive appeals every year after the adoption of the budget."

He explained that "in the event of receipt of any challenge and met the conditions and contrary to the Constitution, the Court rules unconstitutional article contested to be revoked," pointing out that "the court decisions are binding and binding to all authorities in accordance with Article 94 of the Constitution."

The Basra Provincial Council has voted (Tuesday, 29/1/2019), to challenge the law of the budget of 2019, while the Council threatened the province of Diwaniyah, on Tuesday, to challenge the allocation of the province budget in 2019. 25

https://www.almaalomah.com/2019/02/13/388738/

[yota691]

Samok: Federal Court sought to suppor t the economic file in Iraq

A spokesman for the Federal Supreme Court, Ias Samok, that the court sought through its terms of reference to support the economic file in Iraq.

In a press statement on the sidelines of participation in the Baghdad International Book Fair, al-Samuk stressed the issuance of a number of rulings that have banned the public funds. In addition, the court established the constitutional mechanisms related to how to enact the general budget law.

Samok pointed out that the court ruled unconstitutional articles that were impeding the investment process in Iraq, and worked to strengthen the independence of the General Authority for the allocation of federal imports and ruled not to be linked to any of the authorities.

[ChuckFinley]

Seems that everyone is working together on this. Something must be up.

[Jaygo]

11 minutes ago, ChuckFinley said:

Seems that everyone is working together on this. Something must be up.

True Chuck. They have never played nice with each other. Why now???? 

[Butifldrm]

 

2019/02/17 09:22

• Number of readings 51
• Section: Iraq
•  

Federalism: The judiciary contributed to the consolidation of the constitutionality of the financial and economic policy of Iraq

BAGHDAD / Al-Masala: The Federal Supreme Court, on Sunday, February 17, 2019, issued several provisions supporting the economic file, noting that it established the constitutional mechanisms to develop the general budget.

"The Supreme Federal Court has sought, through its terms of reference stipulated in the Constitution and laws, to support the economic file in Iraq," the court's spokesman Ayas al-Samuk said in a press statement on the sidelines of participation in the Baghdad International Book Fair.

He added that "many rulings have been issued against the public funds, and the court has established the constitutional mechanisms on how to put the law of the general budget."

He noted that "the court ruled unconstitutional materials that were impeding the process of investment in Iraq."

"The Supreme Federal Court strengthened the independence of the General Authority for the allocation of federal imports, and ruled not to associate them with any of the authorities."

"The constitutional judiciary is a major contributor to the constitutionality of Iraq's fiscal and economic policy."

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[10 YEARS LATER]

11 hours ago, Jaygo said:

True Chuck. They have never played nice with each other. Why now???? 

 

Probably way off base here . . . I submit they're finally ALL sharing the the same Drugs. . . whatever those drugs may be. 

[yota691]

Federal Court: We supported the economic file and established mechanisms for budgeting

 

Sunday 17 February

 

 

Alsumaria News / Baghdad The Federal Court, Sunday, issued several provisions supporting the economic file, noting that it established the constitutional mechanisms to develop the general budget.  "The Supreme Federal Court has sought, through its terms of reference stipulated in the Constitution and laws, to support the economic file in Iraq, " the spokesman of the court Ayas al-Samuk said in a press statement on the sidelines of participation in the Baghdad International Book Fair . "The court ruled unconstitutional articles that were impeding the investment process in Iraq," Samok said. "The court has established the constitutional mechanisms on how to draw up the budget law."  "The Federal Court has strengthened the independence of the General Authority for the allocation of federal imports, and ruled not to associate them with any of the authorities," Samok said, pointing out that "the constitutional judiciary is a major contributor to the consolidation of the constitutionality of fiscal and economic policy of Iraq."

[yota691]

The Federal Court provides for the constitutionality of the mechanism for including persons on the terrorist freeze list

10:58 - 19/02/2019

 

 

 

BAGHDAD (Reuters) - 
The Federal Supreme Court on Tuesday ruled out the inclusion of people on the list of the freezing of terrorist funds established under Law No. 5 of 2016, and noted that the procedure was carried out after reasonable and serious reasons were provided. 
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud, the presence of all the members of the judges, and considered the appeal of the unconstitutionality of Regulation No. (5) of 2016 (the system of freezing terrorist funds)," Ayas al-Samuk, spokesman for the court, said in a statement received by Mawazine News. ), In violation of the Constitution and the laws in force, has been the plaintiff in his case the Prime Minister / in addition to his job. 
Al-Samok added that "the plaintiff limited his case to cancel the text of Article (13 / I and V) of the system of appeal for violating Articles (2 / I / C, 13 / I and II), (15), (19 / II and V) And 47) of the Constitution. "
He added that "the plaintiff requested the cancellation of the contested text and any text that contravenes the constitution from the regime in question. Article (13) of the law stipulates that" The Committee for the freezing of terrorist funds shall freeze the terrorist funds or economic resources of persons identified by virtue of a decision (13/1) Prepare a local list listing the names of persons who have reasonable grounds to believe, attempt to commit, attempt to commit, participate in or facilitate the commission of a terrorist act, or who Acting on behalf of or under the direction of such persons Under their ownership or control, directly or indirectly at the request of the Money Laundering Office or the Financing of Terrorism or any other interested party ").
He pointed out that article 13, paragraph (5), provided for "the inclusion of a person in the list, without the need for prior notice and may be included in the absence of a criminal investigation, trial or judicial decision"). 
"The Supreme Federal Court, through examining the contested text of Article 13, found that the Committee for the Freezing of Terrorist Funds lists the names of persons regarding the freezing of their funds, ie, the funds of terrorists or their economic resources, and identifying them after reasonable and serious reasons for believing And rely on the official reports of the security services, intelligence and justice and the statements of the accused in the roles of judicial investigation based on evidence and convincing of the reasons for the issuance of decisions and the freezing of funds and financial assets.
"The Federal Supreme Court went on to state that the text of article 13 (V) of the Law provided for the listing of a person on the list without the need for prior notice, and that this procedure was so decided in order to expeditiously implement the decisions necessary to reduce the financing of terrorism, A precautionary measure that includes freezing funds and financial assets and not allowing them to be transferred to terrorists for terrorist acts. " 
He pointed out that "the Federal Supreme Court in its ruling article 7 (II) of the Constitution, which states (the state is committed to fighting terrorism in all its forms, and works to protect its territory from being a headquarters or a corridor or yard of its activity), and that the Council of Ministers the authority to issue regulations And instructions and decisions aimed at implementing the laws in accordance with Article (80 / III) of the Constitution.
"The court affirmed that the issuance of this regulation was based on article 22 of the AML / CFT Law No. (39) for the year 2015, and since article 7 / II of the Constitution obligates the state to fight terrorism in all its forms, The Federal Supreme Court finds that the defendant's issuance of the order in question does not conflict with the provisions of the Constitution. " 
"The Supreme Federal Court said that this system has entrenched the right of citizens in the system to challenge the decision issued by the Committee for the freezing of terrorist funds by contesting before the Administrative Court." 
Al-Samok explained that "the court, in view of the advanced reasons, ruled that Article (13 / First and Fifth) of the system of appeal does not intersect with the provisions of the Constitution; it is in accordance with the provisions of Article 7 / II. Requires a response ".
He went on to say that "the plaintiff's request to cancel the order or cancel the texts that violate the Constitution, the Federal Supreme Court found that this request is not possible, because it is bound by the request contained in the petition after the restriction is the request to rule unconstitutional article (13 / I and V) The subject of the appeal, so for all the above ruled the case. "

[yota691]

Federalism provides for the constitutionality of the mechanism for inclusion in the list of the freezing of terrorist funds

Tuesday 19 February 2019 57

 

Baghdad / Al-Sabah

 

 

The Federal Supreme Court on Tuesday ruled out the constitutionality of the mechanism for the inclusion of persons on the list of the freezing of terrorist funds established under Regulation No. 5 of 2016, and pointed out that this procedure is done after reasonable and serious reasons.

"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 the appeal of the unconstitutionality of Regulation No. (5) of 2016 (the system of freezing terrorist funds)," Ayas al-Samuk, spokesman for the court, , In violation of the Constitution and the laws in force, has been the prosecutor in his case the Prime Minister / in addition to his job.

Al-Samok added that "the plaintiff limited his case to cancel the text of Article (13 / I and V) of the system of appeal for violating articles (2 / I / C, 13 / I and II), (15), 19 / II, And (47) of the Constitution. "

He added that "the plaintiff requested the cancellation of the contested text, and any text that violates the Constitution of the system under appeal, and article 13 of the system states that" (a) the Committee on the freezing of terrorist funds on the freezing of terrorist funds or economic resources of persons identified on the basis of Security Council resolution 1373 (2001) and other relevant resolutions: (13 / i) Prepare a local list listing the names of persons with reasonable grounds to believe that they have committed, attempted, attempted, participated in or facilitated the commission of an act of terrorism or Who act on behalf of such persons or under the direction of Or they are under their ownership or control, directly or indirectly, at the request of the Office of money laundering or terrorist financing or any other interested party)). "

"Article 13, paragraph (5), provides for" the inclusion of a person on the list, without the need for prior notice and may be included in the absence of a criminal investigation, trial or judicial decision ".

"The Supreme Federal Court, through examining the contested text of Article 13, found that the Committee for the freezing of terrorist funds includes the names of persons in the matter of freezing their funds, ie, the funds of terrorists or their economic resources, and identifying them after reasonable and serious reasons for believing And rely on the official reports of the security services, intelligence and justice and the statements of the accused in the roles of judicial investigation based on evidence and convincing of the reasons for the issuance of decisions and the freezing of funds and financial assets."The Federal Supreme Court went on to state that the text of Article 13 / V of the Law included the inclusion of the person on the list without the need for prior notice, and that this procedure is so decided in order to speed up the implementation of the decisions necessary to limit those who finance terrorism, A precautionary measure that includes freezing funds and financial assets and not allowing them to be transferred to terrorists for terrorist acts. "

He pointed out that "the Federal Supreme Court in its ruling article 7 (II) of the Constitution, which states (the state is committed to fighting terrorism in all its forms and works to protect its territory from being a headquarters or a corridor or a yard of its activity), and that the Council of Ministers the authority to issue regulations and instructions And decisions aimed at implementing the laws in accordance with Article (80 / III) of the Constitution.

"The court affirmed that the issuance of this regulation was based on article 22 of the AML / CFT Law No. (39) for the year 2015, and since article 7 (II) of the Constitution obligates the state to combat terrorism in all its forms, The Federal Supreme Court finds that the defendant's issuance of the order in question does not conflict with the provisions of the Constitution. "

"The Supreme Federal Court said that this system has entrenched the right of citizens in the system to challenge the decision issued by the Committee for the freezing of terrorist funds by challenging the Administrative Court of Justice."

Al-Samok explained that "the court, in view of the advanced reasons, ruled that Article (13 / First and Fifth) of the system of appeal does not intersect with the provisions of the Constitution; it is in accordance with the provisions of Article 7 / II. "The plaintiff's request to cancel the order or cancel the texts that violate the Constitution, the Federal Supreme Court found that this request is not possible, because it is bound by the request contained in the petition after the restriction is the request to rule unconstitutional article (13 / I and V ) Of the system subject to appeal, and therefore all of the above ruled the response of the case

[yota691]

The Federal Court issues a judgment on the retroactive validity of its decisions

01:48 - 25/02/2019

 

 

 

BAGHDAD - 
The Federal Supreme Court on Monday issued a ruling on the possibility of the validity of what is issued retroactively, indicating that its provisions and decisions are effective from the date they were issued unless provided for another date of entry into force. 
"The Federal Supreme Court has received a request from the Ministry of Industry and Minerals, stating that the court has already ruled that articles 13, 15 and 16 of the Investment Regulation Law are unconstitutional," said Ayas al-Samuk, a spokesman for the court. (91) for the year 1988 amended by Law No. (13) for the year 1994 for violating the Constitution on the basis of Articles (19 / V and VI, 37, 47, 87). 
Samok added that "the ministry requested to inform it of the validity of the ruling of the Federal Supreme Court to disable articles (13, 15, 16) of the law referred retroactively to cases that occurred before the issuance of a violation of the Constitution or not.
He explained that "the Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges, and considered the request and found that it has already issued a ruling number (10 / Federal / 2013) unconstitutional of those materials." 
The spokesman added that "the court confirmed that the verdicts and decisions issued therefrom shall be effective from the date of their issuance unless the provisions and decisions provide for their validity from another date, and since the said provision did not provide for this, it shall be effective from the date of its issuance on 12/3 / 2013 ". 
He pointed out that "all decisions issued by the Federal Supreme Court are binding and binding on all authorities in accordance with Article 94 of the Constitution."

[Butifldrm]

Ruling on the unconstitutional decision of the dissolved Revolutionary Command Council to oppose the independence of the judiciary and human freedom

 

BAGHDAD - The Supreme Federal Court has ruled unconstitutional the decision of the dissolved Revolutionary Command Council, saying it opposes constitutional provisions on separation of powers and independence of the judiciary and safeguarding human freedom and dignity, the Federal Supreme Court spokesman said Tuesday. .

 "The Supreme Federal Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges and considered an appeal by the judge of the Court of Inquiry of the Presidency of the appeal of Basra Federal to appeal paragraph (2) of the Revolution Command Council (dissolved) No. 76 of 1994" Adding that "the contested paragraph prevented the release of the accused in a crime of smuggling in the investigation and trial only after the issuance of a decisive decision in the case."

He added that "the court found that the original in the accused innocence until proven guilty in a fair trial under the provisions of Article (19 / V) of the Constitution of the Republic of Iraq for the year 2005 and that human freedom and dignity is safeguarded in accordance with the provision of Article 37 / I / "The Federal Supreme Court went on to state that the detention of human liberty must be regulated by a law that allows the judiciary to assess the legal situation in the arrest or release of the accused on bail, in accordance with the gravity of the crime and the place of the accused and his circumstances in accordance with the provisions of Articles (19 / I), (88) 47) of the Constitution, which ruled the independence of the judiciary by taking its provisions and decisions and has no authority over it Other than the law, and the principle of separation of powers in their respective fields of competence ".

"The Federal Supreme Court stated that the legislator, in accordance with a law issued in accordance with its principles, the Code of Criminal Procedure No. 23 of 1971, has carefully regulated in its legislation the public interest and personal freedom in Articles 109 and 110 thereof, Defined the crimes for which bail may not be released and the other parties in the other crimes, leaving his discretion to the trial judge at the investigative and trial stages. "

"The Federal Supreme Court affirmed that the trial judge is the one who assesses the seriousness of the crime committed by the accused and the seriousness of the accused or his influence on the conduct of the investigation and the trial if he is released on bail and guaranteed the purpose, and absolute restriction as in paragraph (2) Of the dissolved Revolutionary Command Council Resolution No. (76) for the year 1994 is contrary to the constitutional provisions mentioned in this resolution. "

He stated that "the Federal Supreme Court and based on the above decided to rule unconstitutionality of paragraph (2) of the Revolution Command Council Resolution No. 76 of 1994". End Ah

 

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[yota691]

Federal Court appeal against the decision to recover the salaries of false certificate holders

12:24 - 03/03/2019

 

 

 

BAGHDAD - Mawazine News 
The Federal Supreme Court appealed the decision to recover the salaries of employees appointed according to false certificates. 
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judiciary, and considered a lawsuit in which the plaintiff, the prime minister, in addition to his job," the court spokesman Ayas al-Samuk said in a statement received by Mawazine News. 
Samok added that "the plaintiff challenged the decision of the plaintiff, including the refund of the amounts received by persons appointed on the basis of false certificates on forged certificates and instruct the relevant authorities to implement the decision contested." 
He pointed out that "the Federal Supreme Court rejected the lawsuit because the decision challenged by the administrative law was a way to challenge it, and that is outside the powers stipulated in the Constitution and its law No. (30) for the year 2005."

[Butifldrm]

Follow-up on Sunday, 03 March 2019 09:03 PM

 

 

Federal Court appeal against the decision to recover the salaries of false certificate holders

 

 

 

The Federal Supreme Court on Sunday appealed the decision to recover the salaries of employees appointed under false certificates. 
"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 prosecutor, the prime minister, in addition to his job," the court's spokesman Ayas al-Samuk said in a statement. 
Samok added that "the plaintiff challenged the decision of the plaintiff, including the refund of the amounts received by persons appointed on the basis of false certificates on forged certificates and instruct the relevant authorities to implement the decision contested." 
He pointed out that "the Federal Supreme Court rejected the lawsuit because the decision challenged by the administrative law is a way to challenge it, and this is outside the powers stipulated in the Constitution and Law No. (30) for the year 2005." 

//Mother

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[yota691]

Legal expert: Federal decision prevents the parliament vote on the candidate of defense

Editorial date: 2019/3/3 23:54 • 274 times read

(Baghdad: al-Furat News) A legal expert said the decision of the Supreme Federal Court last prevents the parliament vote on the candidate of the Ministry of Defense.

Tariq Harb said in a statement that "the Federal Court issued a few days ago a state order to suspend the voting procedures on the candidate of the Ministry of Defense for the existence of a lawsuit filed by the candidate of the defense of the National Coalition {Faisal Jarba} 12/2018, and claimed he got the number of votes and the majority required for the Istizar. 
Between war he "
Al-Harb said that "the Federal Court may cancel the state order and lose the case. The court may support the matter so that it will win the case. However, in all cases, it is not permissible to stand and vote until a new decision is issued by the court." A new character even if he gets the majority is considered null. " 
The Supreme Federal Court, issued last Wednesday, a mandate to suspend the voting procedure for the post of Minister of Defense until the decision of the candidate for the post {Faisal Fener Faisal Jarba}. 
The court said in a statement that it had "examined the request and decided to respond to it by a decision of the state to stop the proceedings until the resolution of this lawsuit," noting "to assign three experts of criminal evidence to lead their experience in the case to submit their report on the case."
The Federal Court postponed the case to March 4 to give the experts time to submit their report to the court to present the experience at least one day in advance. "

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The Federation announces receipt of the expert report in the appeal against the voting session on the Minister of Defense

Written by: saadin:March 04, 2019In: 

Nour News / Baghdad

The Federal Supreme Court, received a report experts Faisal Fener Faisal Jarba to challenge the session of the House of Representatives to vote as Minister of Defense, while adjourned the pleading until Tuesday.

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all the members of the judges. The case of Faisal Fener Faisal al-Jarba was discussed to challenge the session of the House of Representatives, which was intended to vote as a candidate for the Ministry of Defense," said Ayas al-Samuk, a spokesman for the court. On 24/12/2018 ".

"The court had assigned three forensic experts to conduct their expertise in the case to submit their report and the experts were sworn in," Samok said. "The hearing is adjourned at 9:00 am on Tuesday to review the report submitted by the experts."

He added that "the meeting was devoted to the consideration of the report of experts who submitted their report to the Court during the date set for them at the previous meeting."

And the Samok, that "the order issued by the Federal Supreme Court in the previous session of the suspension of voting on the post of Minister of Defense will remain in force until a ruling in the case."

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Federal Court to respond to the lawsuit and reveal the number of deputies voting on his candidacy (expanded)

Release date: 2019/3/5 11:14 • 305 times scheduled

The Federal Supreme Court decided to retaliate Faisal Fannar Faisal Jarba to challenge the session of the House of Representatives to vote on him as Minister of Defense, while abolishing the order issued by the State to stop voting procedures for the post.

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all members of the judges, and considered the case of Faisal Fener Faisal Jarba to challenge the session of voting on him and the Minister of Defense, which was held on 24 / 12/2018 ". 
Samok added that "the court found that the plaintiff based his case on two evidence: the first minutes of the contested proceedings, where it was found that the record does not have evidence of what the plaintiff paid the President of the House of Representatives / in addition to his job. 
He pointed out that "the Federal Supreme Court stated that the second evidence is the CD of the proceedings of the session, which was referred to experts at the request of the prosecutor, who stated in their report that what the camera did not include all the details of the meeting, especially in the back rows.
He explained that "the court stated that the experts mentioned in their report the number of attendance at {259} deputies of the sitting and 12 of the standing, and that those who voted by show of hands in favor of the plaintiff as appeared in the pictures are (44) deputies." 
Samok said that "the Federal Supreme Court according to the numbers reported by the experts report stated that the majority stipulated by the Constitution has become unrealized." 
"The prosecutor filed other appeals related to the procedures of the Speaker of the House of Representatives and the prosecutor said that they violate the rules of procedure, where the court responded to these appeals, and confirmed that they are organizational law has drawn a way to appeal other than the Federal Supreme Court." 
He went on to say that "the Federal Supreme Court rejected the case because it was not based on a charter of the Constitution. It also repealed the state order issued in the past to suspend the voting procedures for the post of Minister of Defense because the case had been settled."

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The ruling on unconstitutionality of two articles authorizing the House of Representatives to question conservatives

Written by: mohanadat:March 06, 2019In: 

Al-Nour News / Baghdad 
The Federal Court on Wednesday ruled that two articles of the House of Representatives Law No. 13 of 2018 are unconstitutional, pointing out that the law of governorates not organized in Region No. (21)

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all the judges, and considered two unified appeals made by the Governor of Anbar and Salahuddin in addition to their functions, including the Speaker of the House of Representatives, in addition to his job, the court spokesman Ayas al-Samuk said in a statement. Article (27 / Eleven) and Article (31) of the Law of the House of Representatives and its Formations No. (13) of 2018 ".

Al-Samok added that Article (27/11) of the law provided for the competence of the Council of Representatives to question the governor in accordance with the procedures related to the ministers and his dismissal by an absolute majority on the proposal of the Prime Minister and after proving one of the following reasons: 2 - causing the waste of public money, 3 - loss of one of the conditions of membership provided for in the law of provincial councils (21) for the year 2008 amended, 4 - negligence or default in the performance of duty and responsibility). 

Governor within those positions.

"The court stated that Article (61 / VIII / e) of the Constitution stipulates that" the Council of Representatives has the right to question officials of independent bodies in accordance with the procedures related to ministers. "Article 102-108 of the Constitution enumerated the independent bodies, (Conservative) among the independent bodies did not respond within the competence of the House of Representatives in Article (61) authority to question the governor.

He explained that "the Federal Supreme Court went to the Constitution in Article (61 / VII / C) and Article (61 / VIII / e), the owners of the titles of the positions of the House of Representatives the right to question them in matters that fall within their competence exclusively, "The court stated that Article (7 / VIII / A) of the Law of Governorates not organized in Region No. (21) for the year 2008 amended provided for the questioning of the governor by the provincial council, so that the interrogation of the governor Shall be in accordance with the provisions of this law. "

He added that "the court based on the above ruled unconstitutionality of Article (27 / Eleven) and Article (31) of Law No. (13) for the year 2018 Law of the House of Representatives and its composition in violation of the provisions of the Constitution," explaining that "all issued by the Federal Supreme Court of Provisions and decisions binding and binding on all authorities in accordance with Article 94 of the Constitution.

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Tomorrow .. Federal Court to consider al-Eidani against the President of the Council of Basra

11:53 - 10/03/2019

 

 

 

 

Baghdad - Mawazine News 
The Federal Supreme Court, on Monday, a date to consider the claim of Basra Governor Asaad al-Eidani against the President of the provincial council.

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https://www.alsumaria.tv/news/263111/بالوثيقة-مرسوم-جمهوري-باحالة-القاضي-منير-الحداد-عل?utm_campaign=Alsumaria-Web-Push&utm_source=News&utm_term=Web-Push-News-263111&utm_medium=263111-بالوثيقة-مرسوم-جمهوري-باحالة-القاضي-منير-الحداد-عل.....

The document .. Republican decree to refer Judge Munir Haddad to retire

 

Sunday 10 March

 

 

Alsumaria News / Baghdad The Presidency of the Republic, issued a decree to refer the former member of the discriminatory body in the Criminal Court Munir Haddad to retire. "Mounir Sabri Hatem al-Haddad, a member of the former discriminatory body of the Iraqi High Criminal Court, is to be retired," the presidential decree said. The decree stipulates that "the head of the National Pension Authority shall implement this decree."

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Republican decree to refer Judge Munir Al-Haddad to retirement (document)

11:25 - 11/03/2019

 

 

 

 

Baghdad - Mawazin News The 
President of the Republic, Barham Salih, a decree issued by the referral of Judge Munir al-Haddad, a member of the former discriminatory in the Iraqi Supreme Criminal Court to retire.