Federal: members of the parliamentary opposition exercise full constitutional guarantees

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Ruling on the unconstitutionality of the nomination of the Supreme Judicial Council of the President and members of the Federal Court

12:55 - 21/05/2019

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Information / Baghdad ...

The Supreme Federal Court ruled unconstitutional article in its law, which gave the Supreme Judicial Council the power to nominate the President and members of the Federal Supreme Court.

"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 and considered a suit in which the prosecutor, the president of the republic and the president of the Council of Representatives to add to their function," the court's spokesman Ayas al-Samuk said in a statement.

He added that "the plaintiff limited his petition to the unconstitutionality of Article (3) of the Federal Supreme Court Law No. (30) of 2005, and the request of the House of Representatives to legislate an alternative article in accordance with the Constitution, as well as his request to notify the House of Representatives legislation of the Federal Supreme Court.

He added that "the plaintiff based his request to rule on the unconstitutionality of Article (3) of the law of the Federal Supreme Court, citing the violation of the provisions of the Constitution, which gave the Council of the Supreme Judicial authority is not owned after the issuance of the Constitution of the Republic of Iraq for 2005.

"The prosecutor pointed out that the Federal Supreme Court has ruled implicitly unconstitutional of that article, on the occasion of the lawsuit established by the President of the Supreme Judicial Council No. (19 / Federal / 2017), which recognized the lack of competence of the Supreme Judicial Council after the issuance of the Constitution The Republic of Iraq, the nomination of the President and members of the Federal Supreme Court, and the Court issued on 11/4/2017 ruling, which ruled that the competence of the Supreme Judicial Council to nominate the President and members of the Federal Supreme Court and explained the reasons and circumstances of that provision.

"The Supreme Federal Court found that Article (3), the subject of the appeal of unconstitutionality, was initiated within the law of the Federal Supreme Court issued by the National Authority Legislative Decree No. (30) of 2005 under the provisions of the Transitional Administrative Law, The Federal Supreme Court is the President of the Supreme Judicial Council, and was not problematic in the Supreme Judicial Council nominate the President and members of the Federal Supreme Court.

"The Supreme Federal Court stated that the matter was completely different after the issuance of the Constitution of the Republic of Iraq and its implementation in 2005, where article 92 (I) of the Supreme Federal Court is a judicial body financially and administratively independent of the rest of the judiciary, Article (89) of the Constitution, and the Constitution of the second section of the second chapter on the judicial authority and in Article (92 / second) of the Constitution of the provisions of the special court, including the composition and selection of members and this under a law enacted by a majority of members of the House of Representatives.

He pointed out that "the Federal Supreme Court stated that the competence of the Supreme Judicial Council under Article (91 / II) is limited to the nomination of specific judicial addresses received exclusively and presented to the House of Representatives for appointment, the President and members of the Federal Court of Cassation, "He said.

He pointed out that "the court confirmed that the constitutional text of the said that the nomination of the President and members of the Federal Supreme Court has become outside the jurisdiction of the Supreme Judicial Council as of the issuance of the Constitution of the Republic of Iraq and its implementation in 2005, but that is under the text of a law initiated by the House of Representatives, The provisions of Article (91 / II) of the Constitution, taking into account the terms of reference of this court and ensure its independence in full to ensure the proper application of the Constitution and legitimacy.

He added that "the Federal Supreme Court found the audit of the defenses presented by the plaintiff / in addition to their function, that the payment made by the first defendant the President of the Republic on the tongue of his agent not to resort to the dispute in the case to find his support in the provision of Article (4) of the Civil Procedure Code No. (83) of 1969 ".

"The court found that the objections filed by the second defendant, the Speaker of the House of Representatives, in addition to his job on the tongue of his agent in the availability of interest to the plaintiff in the prosecution and the extent of damage to Article (3) of the Federal Supreme Court, mentioned regards illegality in the presence of this article for violating the provisions of the Constitution and it concerns about the affairs of justice, and justice obsessed with every citizen in Iraq , and theright to take legal means what Arschha and protected , "noting that" the Federal Supreme Court decided that the arguments of the Prosecutor on the article ( 2) of the Supreme Judicial Council Law, has been ratified H considered irrelevant after the inventory of the plaintiff in the petition and the end of his case during the meeting demand in the non - constitutionality of Article (3) of the Federal Supreme Court Act, the court restricted to the provisions of this request ".anthy 25

https://www.almaalomah.com/2019/05/21/407463/

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The federal court has filed claims for three deputies

Political | 10:44 - 22/05/2019

 

 

 

 

 

Special - Mawazeen News 
published / Mawazin News /, the decision of the Federal Supreme Court, to respond to the claims of three deputies (Yonadam Kanna, Star Aliawi, Khaleda Farman).

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Federation announces its mechanism to replace 4 deputies

Political | 11:39 - 27/05/2019

 

 

 

Baghdad - Mawazine News 
The Federal Court, Monday, the mechanism that was adopted the process of replacing four deputies of the current session of the House of Representatives. 
"The Iraqi Constitution of the Federal Supreme Court has set forth a set of competencies, including the authorization provided for in article 52 (II) of it, and article 52 of the Constitution states that" First: The Council of Representatives shall determine the validity of the membership of its members within thirty days from the date of registration of the objection by a two-thirds majority of its members. Second: The decision of the Council may be appealed to the Federal Supreme Court within thirty days from the date of its issuance.
He added that "through the review of this text shows that the court exercise this jurisdiction after the formation of the House of Representatives, that is a separate process and subsequent ratification of the results of the general elections, which is also the jurisdiction of the Federal Supreme Court also under Article (93 / VII) of the Constitution. 
"The Supreme Federal Court has exercised this jurisdiction on more than one occasion, and it is not related to a challenge to a law or a regime, but to a particular fact, is the object of the objection worthy of this seat or not ?, in light of the implementation of the Constitution, Distribution of seats in the right way ". 
He pointed out that "the decision issued is the object of the objector only, and can not be applied specifically to others, which means that any objector to obtain a judicial decision must go through the mechanisms provided for in Article (52) of the Constitution."
Abizaid said: "The objection before the Federal Supreme Court is in accordance with a lawsuit in accordance with legal contexts in order to issue the verdict ordered. The Supreme Federal Court decided in the current electoral cycle and until now the claims of four objectors, all concerned with the application of the Constitution and the law and the system of distribution of parliamentary seats No. 12, Of 2018, where the Court conducted its investigations into the appeals and used the experts of former officials of the Independent High Electoral Commission to evacuate the technical aspects in the process of distribution of parliamentary seats in order to establish full conviction of what is necessary to issue the ruling in accordance with the authority provided for Of Article (52 / II) of the Constitution. " 

He said that, "the court confirmed in its provisions, that the defenses that submitted the lack of jurisdiction in the consideration of these cases returned by virtue of the Constitution."
He pointed out that "the first paragraph of Article (52) of the Constitution has taken the House of Representatives jurisdiction to consider the objection submitted to him in interest of the validity of the membership of a member of the House of Representatives," noting that, "This objection - according to the Federal Supreme Court - be either Due to the failure of one or more of the required conditions or the presence of error or defect in the application of laws and regulations related to the process of election or in the procedures and distribution of seats in accordance with the system and in accordance with the approved rules and ratios contained in the Constitution and law and order, and then the House of Representatives to decide to accept the objection or refund. Light of his investigations. "
He explained that, "the Court found that the purpose of the Constitution of the mandate of this jurisdiction in the House of Representatives is to ensure the safety of the position of the deputy objected to the integrity of the legislative institution and to establish confidence in the health and safety of the election of its members and the power of this House of Representatives find their support as provided in Article (52 / I) First and second of Article (13) of the Constitution. " 
He said that "this jurisdiction exercised by the majority of the House of Representatives in the year, including for example in Egypt, Kuwait, Jordan, the United Arab Emirates, Italy and Japan."
In the second paragraph of Article (52), the Constitution of the Council of Representatives issued the result of the objection, whether the acceptance or response of the Constitution, the competence to consider the appeal filed in the Supreme Federal Court within thirty days from the date of its issuance, The appeal shall be considered by the decision of the Council of Deputies issued exercising the same jurisdiction exercised by the Council of Representatives when it took the investigation of all aspects raised in the objection of the plaintiff even though it was on the other hand previously. 
He added that, "The Supreme Federal Court's consideration is based on the constitutional authorization provided for in Article 52 / II of the Constitution, because its texts are supreme in the application of the texts in the laws and regulations related to the overall processes of electing the members of the House of Representatives and the distribution of seats Alawiteha in Article (13) of the Constitution. "
"Article (13) of the Constitution states the following: First: - This Constitution is the supreme and supreme law in Iraq, and shall be binding in all its aspects and without exception Second: - It is not permissible to enact a law that contradicts this Constitution, Any text contained in the constitutions of the territories or any other legal provision that conflicts with it "). 
He explained that "the defenses related to the technical aspect have been answered in the reports of experts based on the provisions of the Constitution and the law of the election of the House of Representatives and the system of seats of the House of Representatives and the correct and productive." 
He concluded that "the adoption of the Federal Supreme Court came to the expert reports as a reason to rule on the basis of the provisions of Article (140) of the law of evidence, and accordingly issued its rulings on objections filed, and decided to replace four people replaced four others in the House of Representatives of the same electoral lists and not from Other lists "

[yota691]

Federal Court explains how to replace four deputies

Editorial date: 2019/5/27 11:37 • 327 times read

{Baghdad: Euphrates News} The Federal Supreme Court, the mechanism and how to replace four members of the House of Representatives.

" 
Article (52) of the Constitution states: (1) The Council of Representatives shall determine the validity of the membership of its members. , within thirty days from the date of filing an objection, two - thirds majority of its members, Second: - may be challenged in the Council 's decision before the Federal Supreme Court, within thirty days from the date of issuance.) 
through the review of this text shows that the court exercise jurisdiction after the formation of the House of Representatives, That is, a separate and subsequent process of ratification of the results of the general elections Which is also the jurisdiction of the Federal Supreme Court under Article (93 / VII) of the Constitution.
Does the object of the contesting party deserve this seat or not ?, in view of the implementation of the Constitution, the electoral law and the system of distribution of seats in the correct manner. 
The decision issued concerns the objector only and can not be applied to others. This means that any objector in order to obtain a judicial decision must pass the mechanisms stipulated in Article 52 of the Constitution. 
The objection before the Federal Supreme Court shall be in accordance with a suit established in accordance with the legal context in order to issue the judgment ordered. 
The Supreme Federal Court has decided in the current electoral cycle and until now the claims of four objectors, all concerned with the application of the Constitution and the law and the system of distribution of parliamentary seats No. (12) of 2018.
Where the Court conducted its investigations into the appeals and used experts from former officials of the Independent High Electoral Commission to evacuate the technical aspects in the process of distribution of parliamentary seats in order to establish full conviction of what is required to issue the ruling in accordance with the authority provided for in Article (52 / II) of the Constitution. 
In its judgment, the Court affirmed that the defenses which have been submitted to the Court by virtue of its lack of competence to deal with such cases are governed by the Constitution. 
According to the court, the first paragraph of Article (52) of the Constitution has assigned the House of Representatives the competence to consider the objection submitted to him in the interest of the validity of the membership of a member of the House of Representatives.
This objection - according to the Federal Supreme Court - is either due to the failure of one or more of the required conditions or the existence of error or defect in the application of laws and regulations related to the process of election or in the procedures and distribution of seats in accordance with the system and according to the approved rules and ratios contained in the Constitution and law and order. 
The Chamber of Deputies then issues its decision to accept or reject the objection in the light of its investigations. 
The Court found that the purpose of the Constitution is to entrust this jurisdiction to the House of Representatives is to ensure the safety of the position of the deputy objection, and therefore the integrity of the legislative institution and to establish confidence in the health and safety of the election of its members and the power of this House of Representatives find their support as provided in Article (52 / I) and in paragraphs I and II of Article (13) of the Constitution
The court said that this jurisdiction is exercised by the majority of the House of Representatives in the year, for example, not limited to Egypt, Kuwait, Jordan, the United Arab Emirates, Italy and Japan. 
The decisions issued in these appeals indicate that the decision of the House of Representatives issued as a result of the objection whether by accepting or replying to the Constitution, in the second paragraph of Article (52), the competence to consider the appeal filed with the Supreme Federal Court within thirty days from the date of issue. 
And the Federal Supreme Court when considering the appeal of the decision of the House of Representatives issued exercised the same jurisdiction exercised by the House of Representatives when he took the investigation of all aspects raised in the objection of the plaintiff even though it was on the other hand previously.
The Supreme Federal Court's consideration is based on the constitutional authorization provided for in article 52 (II) of the Constitution, because its texts are supreme in the application of the texts in the laws and regulations related to the overall processes of electing members of the House of Representatives and the distribution of seats. 13) of the Constitution. 
Article (13) of the Constitution stipulates that: (1) This constitution shall be the supreme and supreme law of Iraq and shall be binding on all its inhabitants without exception. In the constitutions of the territories, or any other legal provision that conflicts with it. ") 
The defenses relating to the technical aspect were also answered in expert reports based on the provisions of the Constitution, the Law on the Election of the House of Representatives and the system of seats of the House of Representatives.
The Supreme Federal Court's adoption of the expert reports as a reason for ruling on the basis of the provisions of Article 140 of the Law of Evidence, and accordingly issued its judgments on objections filed, and decided that four people replace four others in the House of Representatives from the same electoral lists and not from other lists. 

Below are photocopies of the rulings issued by the Federal Supreme Court in application of its jurisdiction in accordance with article (52 / second) of the Constitution during the current electoral cycle, so far: 

1 - https://www.iraqfsc.iq/krarat/1/2019/15_fed_2019. pdf
2- https://www.iraqfsc.iq/krarat/1/2018/213_fed_2018.pdf
3- https://www.iraqfsc.iq/krarat/1/2018/214_fed_2018.pdf

[yota691]

Federal describes how to replace four deputies

Monday May 27, 49

 

 

Baghdad / Al-Sabah

 

"The Iraqi Constitution of the Federal Supreme Court has set forth a set of competencies, including the authorization provided for in Article 52 / II," the court's spokesman Elias Samok said in a statement. Two days from the date of registration of the objection, by a two-thirds majority of its members. Second, the decision of the Council may be appealed to the Federal Supreme Court within thirty days from the date of the decision 

Issued. "

He added that "through the review of this text shows that the court exercised this jurisdiction after the formation of the House of Representatives, that is a separate process and subsequent ratification of the results of the general elections, which is also the jurisdiction of the Federal Supreme Court also under Article (93 / VII) of the Constitution. 

"The Federal Court has exercised this jurisdiction on more than one occasion, and it is not related to a challenge to a law or a system, but to a certain fact, is the objector worthy of this seat or not, in light of the implementation of the Constitution, In the right way. "

He pointed out that "the Federal Court has decided in the current electoral cycle and until now the claims of four objectors, all concerned the application of the Constitution and the law and the system of distribution of parliamentary seats No. (12) for the year 2018."

[yota691]

Independence of the Federal Court and the legal way of appointing its members

Monday May 27, 53

 

Judge Nasser Omran al-Moussawi

The Federal Supreme Court was formed under Article 44 of the Interim State Administration Law for the transitional period in 2004, which approved the formation of a federal supreme court, which shall have jurisdiction, inter alia, to decide the constitutionality of laws, regulations or instructions, and to decide on cases between the central government and the governments of the province, As well as a Supreme Court of Appeal (art. 44). Under this article, Law No. 30 of 2005, which approved the formation of a federal Supreme Court consisting of a president and eight judges, was appointed by the Presidency Council upon nomination by the Judicial Council. The powers of this court were determined by adjudicating disputes relating to the constitutionality of laws, regulations,

 And to adjudicate disputes between the federal authorities and the authorities of the region and the governorates that are not organized in a region, as well as to hear appeals against judgments and decisions issued by the Administrative Court of Justice and to hear cases before them in an appeal. Article (7) of the law states that the nine members of the court must be sworn in before the President of the Republic. Judge Medhat al-Mahmoud was appointed president of this court, along with eight other judges as members by a presidential decree of May 1, 2005. This court has been entrusted with the task of the constitutional judiciary. Since 2005, many draft laws have been submitted to the Federal Court. However, these projects did not go beyond the corridors and inclusion of the House of Representatives and remained subject to the inclusion and discussions of the members of the House of Representatives to end the parliamentary sessions and many legislative chapters without the adoption of the Federal Court Law despite the adoption of the Constitution in In 2005, which considered the Federal Court in Article (89) of the components of the judiciary and considered the components of the judicial authority granted the provision of Article (87), which provided for the independence of the judiciary and thus the independence of its components as well as the emphasis on independence Article 88 of the Constitution stipulates that judges shall be considered independent and shall not have jurisdiction over them. No authority may interfere with the judiciary except in the affairs of justice and the importance of the Federal Court. The text of the Constitution shall be considered as an independent judicial body in Article 92 / The Constitution and (II) thereof provide for the formation of the Federal Court of the number The majority of two-thirds of the members of the House of Representatives call for a concordance in terms of numerical number mentioned, which means after looking at the nature of the political composition formed after the recent elections and the presence of A political consensus to pass a bill that requires the percentage mentioned to pass the draft law and ratified it in addition to the nature of the jurisdiction of the work of the Federal Court and defined by Article (92) of the Constitution, which includes oversight of the constitutionality of laws and regulations in force Addition to the interpretation of laws, that these two important specialization will give a federal court control over the legislature authority through control over the laws and authority of control over the executive branch through the regulations issued them with her wealth of the terms of reference in the chapter on issues arising from the application of federal laws, decisions, regulations and instructions And the separation of disputes between the federal government and the government of the regions and provinces and municipalities and local administrations as well as the authority to prefer disputes between the governments of regions and provinces and the dismissal of charges against the President of the Republic and the Prime Minister and ministers as well as the separation of jurisdiction between the federal judiciary and judicial bodies of the province and the provinces and the Constitution that the resolutions The Federal Court in Article (94) of it and considered it binding and binding to all authorities The Federal Court had a major role in the protection of the Constitution through the provision of unconstitutionality of many laws and resolutions contrary to the Constitution Spyware to expository side of the laws that the people of the legal application of the legislative work through the executive branch, which is extremely important to achieve legislative stability and legal application, has pointed to the importance of the interpretation and application of law US President George Washington after the ratification of the Constitution of the United States, saying: The Federal Supreme Court shall consist of a President and eight members appointed by the Presidency Council upon nomination by the Supreme Judicial Council in consultation with the Judicial Councils in the Region, as provided for in Article 42 (e) of the Transitional Administrative Law. The Federal Court recently ruled that article 3 of the Federal Supreme Court Law issued by the National Authority by Legislative Order No. 30 of 2005 is unconstitutional because it contravenes articles 91 (II) and (92) of DS The Constitution of the Republic of Iraq for the year 2005 and in light of that there is a constitutional vacuum in the organization of the method of selection of judges of the Federal Court and the number of whether they are judges or experts of Islamic jurisprudence or the law, which the Constitution that through a law enacted by the House of Representatives in accordance with the text of Article (92) Judgment after the constitutionality of Article (3) of The law of the Federal Court, the matter is assigned to the House of Representatives in dealing with that and the legislation of the Federal Court has already read the draft law of the Federal Court read first and included the draft law and in Article (3) (1) of which: the nomination of the Federal Court and the Supreme Judicial Council and the Judicial Councils of the Regions in a joint meeting, the President of the Federal Supreme Court and his deputy and judges, among the judges of the first category of not less than the actual service in the judiciary of (15) years To be Nomination of three candidates for each position 

Second: The Ministry of Higher Education and Scientific Research, in coordination with the Ministry of Higher Education in the Kurdistan Region, nominated 6 candidates of law scholars who hold a higher degree in general law and have experience in the constitutional field and have their actual service for 15 years in universities or research centers .

B: The Shiite Endowment Bureau (3) nominates three candidates and nominates the Sunni Endowment Bureau in coordination with the Ministry of Awqaf in the Kurdistan Region (3) three candidates to be experts of jurisprudence

 Islamic

A: The President of the Court, his deputy and the other members of the Court shall be composed of judges, jurists and experts from the Iraqis and shall require the President of the Court and his Deputy not to hold any other nationality. All members of the Court shall also be required to be competent and well-known and have not previously been convicted of an offense of honor. Are covered by the law of the National Authority for Accountability and Justice No. 10 of 2008 or any other law to replace it.

Third: The candidacies stipulated in the first and second of this article shall be submitted to a committee composed of the President of the Republic, his deputies, the Prime Minister and his deputies, the Speaker of the House of Representatives, his deputies and the President of the Federal Judiciary or his representative, provided that he is not a candidate for membership of this Court. The Supreme Federation, its deputy and judges, Islamic jurisprudents and jurists from among the candidates in accordance with the number specified in this law. The President of the Republic shall issue a republican decree appointing them.

Fourthly: In the event that there is no consensus between the members of the committee on any of the candidates or in case of vacancy of any position of the court for any reason, the alternative is chosen according to the provisions of the first, second and third articles of this article. Of the Federal Court Act in force is something that enhances the independence of the Federal Court, the independent judiciary body within the components of the Authority The judiciary.

[yota691]

Federal Court of Iraq requests to cancel the allocation of land and loans for teachers

Federal Court of Iraq

 02 Jun 2019 02:29 PM

The Federal Supreme Court of Iraq rejected a request to cancel a provision including the allocation of plots of land and real estate loan to the provisions of the law on the protection of teachers, teachers, supervisors and educational guides .

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all the judges," the court's spokesman Ayas al-Samuk said in a statement. "The case was reviewed by the Minister of Construction, Housing and Public Municipalities in addition to his job.

Al-Samok added that the plaintiff requested the cancellation of the text of Article (6 / I) of Law No. (8) of 2018 (the law for the protection of teachers, teachers, supervisors and educational counselors).

The official spokesman pointed out that the contested article includes the allocation of residential plots and real estate loans to those covered by the provisions of this law, on the grounds that it contradicts with the reasons for which burdens the municipal institutions .

He pointed out that "the court found that objecting to a law in the law with its positive reasons does not constitute a violation of the constitutional; and then returned the lawsuit for not based on the basis of the Constitution."

[yota691]

Federal postponement of the appeal against the law of the Supreme Judicial Council to the second of next month

Political | 01:36 - 17/06/2019

 

 

 

BAGHDAD - Mawazine News The 
Supreme Federal Court postponed on Monday to consider the appeal of unconstitutionality of the Law of the Supreme Judicial Council to the second of next month. 
"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 prosecutor, the President of the Republic and the Speaker of the House of Representatives, considered a suit in addition to their job," Ayas al-Samuk, spokesman for the court, said in a statement received by Mawazine News, . 
"The prosecutor challenged the unconstitutionality of the Supreme Judicial Council Law No. (45) for the year 2017, and recommend to the House of Representatives to accelerate the enactment of a law that is consistent with the provisions of the Constitution." 
He pointed out that "the second defendant, the Speaker of the House of Representatives, in addition to his job, provided a record for the voting session on the law contested unconstitutionality, as well as CD-ROM of the proceedings of that session."
The Samok, that "the Federal Supreme Court approved the request of the President of the Supreme Judicial Council / in addition to his function, the intervention of the conclusion, and based on Article (69) of the Code of Civil Procedure. 
He added that "the Vice-President of the Supreme Judicial Council / in addition to his job, the request to respond to the lawsuit that the plaintiff has no interest of its establishment as it is not affected by the law because he is not a member of the federal judiciary, and he asked to expedite the resolution of the lawsuit being according to his words became an information material Affect the work of courts negatively. " 
The Samok that, "The court authorized the prosecutor's agent for the purpose of answering the arguments of the President of the Supreme Judicial Council editorially, and postponed consideration of the case to the second of next month."
"The plaintiff is required to provide him with a certified record of the voting session on the contested law, as well as a copy of the draft law sent by the Supreme Judicial Council, to know the extent of the changes in paragraphs (2/3/5/10/11) in Article (3) Without the approval of the Supreme Judicial Council. " 
He pointed out that "the plaintiff requested draft draft law challenged by the Legal Department in the Council of Ministers to see the changes that have been made by that department on the project." 
"The plaintiff also requested to link the petition (18 / Federal / 2017 revoked and consider the bonds of the lawsuit bonds as well as the case in case No. (120 / Federal / 2017)."

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The Kurdistan Democratic Party submits a proposal on the jurisprudents of the law of the Federal Court

Politicsof the Federal Court LawBlock of the Kurdistan Democratic PartyCouncil of RepresentativesJuristsJurists Shariaproposal Parliamentary proposal

 2019/06/18 10:36:37

A- A A +

The Kurdistan Democratic Party bloc in the Iraqi parliament on Tuesday proposed a law on the Federal Court, which is working on the House of Representatives legislation, for years.

The head of the bloc, Vian Sabri, told Ashqaf News that "the draft law of the Federal Court included that the number of (jurists) is greater than the number of (jurists), and therefore we recorded our objection to this paragraph and we suggested that the number (jurists) (Jurists) only two. "

"Sabri said that" the discussions are still ongoing on the paragraphs of the Federal Court Act and so far has not been to a draft final draft to put them to vote in the meetings of the House of Representatives to come. "

And demands the Shiite and Sunni Muslim blocs to share the number of seats of the presidency of the Federal Court equally between the scholars of Sharia and jurists.

The debate over the law, which the Iraqi parliament has failed in previous sessions, is still under way, as secular and civil parties fear the transformation of Iraq into a religious state if the court is shared equally between jurists and sharia.

https://www.shafaaq.com/ar/سیاسة/الديمقراطي-الكوردستاني-يقدم-مقترحا-بشأن-فقهاء-الشريعة-بقانون-المحكمة-الاتحادية/

[yota691]

Proposal to solve the crisis of jurists and experts of the Federal Supreme Court

Political | 02:38 - 23/06/2019

 

 

 

Baghdad - Mawazine News 
An expert in the constitutional issue that the exit from the crisis of the presence of experts and jurists in the Federal Supreme Court be placed in a circle of commissioners provide advisory reports on appeals, pointing out the need to represent all components of the Iraqi people. 
"The description of the Iraqi constitution to the Federal Supreme Court as a judicial body, which in any way prevents the presence of non-judges," said the expert Mohammed Sharif, in a statement received by Mawazine News, a copy of it. 
"The exit from the crisis of the constitutional text, which speaks of the composition of the court as judges and addresses other than judicial formation of a circle of commissioners of scholars and experts." 
He pointed out that "that department is within the administrative composition of the court and does not live up to its members, the jurists and experts, the judicial platform."
Al-Sherif said that "the mission of the commissioners is limited and they share one jurisdiction of the Federal Supreme Court, which is to consider the constitutionality of legislation and regulations in force." 
He pointed out that "the lawsuit, and before the consideration of the court, submitted to the Commission of Commissioners to check to see if the place of appeal involves a violation of the law or the principles of justice and human rights." 
He explained that "the commissioners are to submit a consultative report is the result of their study of the lawsuit, leaving the final statement to the judges, which is settled by the legal norms of the work of experts."
"The creation of the Commission of Commissioners will apply the constitutional text that speaks about the composition of the court, by ensuring that the experts and jurists are not included in the judicial platform, and excluded from the other powers vested in the Federal Supreme Court such as the ratification of the election results, The Republic, the Prime Minister and the Ministers, and the adjudication of disputes between the Federal Government and local administrations and territories. " 
He stressed the need to "represent all components of the Iraqi people in the Commission of Commissioners of Shari'a experts and jurists as the best way to overcome the concerns of non-Muslim components of marginalization." 
"The presence of experts and jurists in the judiciary, and the granting of the power to vote on the judicial decision as it will turn the court into a religious council, and can not overcome the crisis only by placing them within the administrative composition of the court as the rest of the staff."

[yota691]

Federal Court: 75 constitutional cases have been resolved since the beginning of this year

Political | 01:29 - 26/06/2019

 

 

 

BAGHDAD - Mawazine News 
The Federal Supreme Court announced on Wednesday, resolved 75 cases of constitutional since the beginning of this year, while pointing to a significant increase in the number of meetings. 
The court spokesman Ayas al-Samuk said in a statement received by Mawazine News that the Federal Supreme Court held 24 meetings at the rate of one session per week since the beginning of this year until the end of June. 
"This number of sessions has been a record since the court was established in 2005, and is a great comparison to the constitutional courts in the region," Samok said. 
He pointed out that "the total of what was resolved in those meetings is 75 constitutional proceedings, which represents the largest proportion of what has been introduced during the past six months." 
He stressed that "the continuous increase in the number of hearings and the number of claims reflected confidence in the constitutional judiciary in Iraq and its ability to issue provisions consistent with the Constitution in letter and spirit."
"In those cases, the Court issued important judgments and decisions concerning the principles of the exercise of powers by the authorities in accordance with the Constitution," the spokesman said. 
He added that "a number of these provisions contributed to the maintenance of the independence of the judiciary, where it ruled unconstitutional materials that were excesses on the powers and powers of judges." 
"The other provisions were related to the proper application of the Constitution and electoral laws and the electoral system regarding the distribution of parliamentary seats, and provisions concerning the regulation of the constitutional relationship between the federal authorities and local administrations in the exercise of competencies." 
He added that "the court contributed through the provisions issued in the past months in the promotion of protection of human rights and non-infringement of human dignity, and established mechanisms for the distribution of natural wealth among Iraqis in accordance with the Constitution."
"The Supreme Federal Court is keen on public freedoms and expression of opinion and freedom of the press and the protection of components and rights in accordance with the provisions of the Constitution and international covenants."

[ChuckFinley]

Would be interested to a list of names and what were the out comes.

[ChuckFinley]

A little late on my part there Yota, thank you.  

[Butifldrm]

Federal Court responds to the President of the Supreme Judicial Council

 

Policyof the Supreme Judicial CouncilFederal Court

 2019/07/02 04:54:03

 

The Federal Supreme Court has filed a lawsuit filed by the President of the Supreme Judicial Council, in addition to its function by objecting to the decision of the Federal Supreme Court, which includes the provision of unconstitutionality of Article (3) of its law No. (30) for the year 2005. 
" 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 objection of others established by the President of the Supreme Judicial Council / in addition to his job. 
The Samok, that "the objector objection to appeal the ruling issued by the Federal Supreme Court on 21/5/2019 number (38 / Federal / 2019) by objecting to others as a violation of the rights of the Supreme Judicial Council being the reference judges in the federal judiciary, as that provision is null "He said.
He pointed out that "the plaintiff stated that the case of the subject of the appeal in question has been set up of no interest in the case and influential in its financial, legal or social status and therefore the dispute is not directed in that case." 
"The Federal Supreme Court returned to the ruling described in the appeal, and found that it ruled unconstitutionality Article (3) of the Federal Supreme Court Law No. (30) of 2005, including the nomination of the Supreme Judicial Council of the President and members of the Federal Supreme Court on the basis of his authority, which was provided for In paragraph (e) of Article (Forty-fourth) of the Transitional Administrative Law (Interim Constitution).
Al-Samok added that "the court found that the ruling objecting to the appeal against the unconstitutionality of Article 3 was based on the provisions of articles (91 / II) and (92) of the Constitution of the Republic of Iraq for the year 2005, The Supreme Federal Perspective Project in the House of Representatives, in accordance with the text of Article (92 / II) of the Constitution. 
Al-Samok explained that "the Federal Supreme Court found that (the objection of others) a way of unusual appeal began to challenge the judgments issued by the courts of first instance, which are mentioned exclusively in Article 224/1 of the Civil Procedure Law No. (83) of 1969 Courts of first instance, personal status courts and appellate courts as the subject court. "
He pointed out that "the Federal Supreme Court stated that the law was not allowed to conduct this appeal to the judgments issued by the Federal Court of Cassation, even if it was dismissed in the case before it as a court subject on the basis of the validity provided for in Article 214 of the Code of Civil Procedure, Paragraph (1) of Article (224) of the Code of Civil Procedure and this is what is settled by the judiciary and jurisprudence in Iraq and in other countries. 
"The court affirmed that the Federal Supreme Court, which represents the constitutional judiciary in Iraq, is not one of the courts of first instance enumerated in Article 224 of the Civil Procedure Law exclusively by the court."
"The court said that the verdicts and decisions issued by the court are binding and binding on all authorities based on the provisions of Article (94) of the Constitution and article (5 / second) of this law in terms of formality of the third party objection filed by the plaintiff in addition to his job." 
The Samok continues, that "objectively, the Federal Supreme Court found that the Constitution of the Republic of Iraq for the year 2005 has increased the competence of the Supreme Judicial Council to nominate the President and members of the Federal Supreme Court starting from the date of entry into force, as established by the provision of Article (61 / V / This authority was the Supreme Judicial Council derived from the provisions of paragraph (e) of Article (forty-fourth) of the Law of Administration of the State of the transitional phase canceled, and the day the President of the Federal Supreme Court under which the President of the Supreme Judicial Council before the issuance of the Law of the Supreme Judicial Council No. (45) 2017 ".
He also said that "the court stated that, since the Transitional Administrative Law was repealed by the Constitution of the Republic of Iraq and enforced on 28 December 2005. Whereas the powers of the Higher Judicial Council were established by the Constitution in article 91 exclusively, namely the Department of Justice and Supervision On the federal judiciary and the nomination of the President and members of the Federal Court of Cassation and the head of the Public Prosecution and the Chairman of the Judicial Supervisory Authority and submit them to the House of Representatives for approval of their appointment in those judicial positions based on the validity stipulated in Article (61 / V / A) of the Constitution, Authorities who (47) of the Constitution, which can not be extended to other jurisdictions other than what is stated exclusively. "
The Supreme Federal Court confirmed that the exception to the constitutional text is the text of Article (91) and the text of Article (88) and the text of Article (92) which stipulates the independence of the judiciary as an authority besides the legislative and executive authorities, as stipulated in Article (47) It is measured in addition to the validity of the Supreme Judicial Council mentioned above has been authorized Article (91 / III) of the Constitution to propose the draft annual budget of the federal judicial authority and submitted to the House of Representatives for approval.
"The Supreme Federal Court confirmed that this authority does not include the proposal of the annual budget of the Supreme Federal Court on the basis of the provisions of paragraph (I) of Article (92) of the Constitution, which reads (" Federal Supreme Court judicial body independent financial and administrative) After the text of Article (91) of the Constitution comes to guarantee the independence of the constitutional judiciary represented by the Federal Supreme Court of the Supreme Judicial Council, one of the components of the federal judicial authority provided for in Article (89) of the Constitution and the subsequent text is restricted to the previous text. 
He added that "the court confirmed that this was ruled by the Federal Supreme Court in the ruling issued by the number (19 / Federal / 2017) on 11/4/2017."
"The Court found that the presence of Article 3 of the Federal Supreme Court Law, which gave the Supreme Judicial Council the power to nominate the president and members of the Federal Supreme Court, which started under the provisions of the Transitional Administrative Law, has become contrary to the provisions of the Constitution after its entry, The Supreme Judicial Council also provides this authority, but restricts it to certain judicial titles, not including the address of the president and members of the Federal Supreme Court, where this is stipulated in this provision to the law to be enacted by the Council of Representatives in application of the provisions of Article 92 / Which determines how The nomination and appointment of the President and members of the Federal Supreme Court ".
"The court stated that it ruled unconstitutionality of Article (3) of its law in the ruling issued by the number (38 / Federal / 2019) and the date of 21/5/2019 the subject of appeal in the manner of the objection of others and preceded by a ruling issued by the number (19 / 2017) on 11/4/2017 ruled unconstitutional article (3 / third) of the law of the Supreme Judicial Council and in the case that was established by the Supreme Judicial Council and the same content of Article (3) of the Federal Supreme Court. 
He added that "the court stressed that the provisions of the Supreme Federal Court as stipulated in Article 94 and Article 5 of its law are binding and binding on all authorities, regardless of who filed the case of unconstitutionality because the claim of unconstitutionality of any law or one of the texts therein is a right exercised by the citizen With regard to the laws expressing his opinion as a right within which the Constitution is in (38 / I) of it and by all legal means. "
"Based on this, and based on the above, the court decided to respond to the plaintiff's claim in both formality and objectivity and to charge the expenses in addition to his job and the fees of the lawyer of the plaintiff's agents and the amount of one hundred thousand dinars distributed among them according to the law, the agreement was issued based on the provisions of Article (94) Constitution and Article (5) of the Federal Supreme Court Act and the decision to rule in public on 2/7/2019 ".

https://www.shafaaq.com/ar/سیاسة/المحكمة-الاتحادية-ترد-دعوى-لرئيس-مجلس-القضاء-الاعلى/

[yota691]

Legal: The competence of Parliament to legislate the Federal Court Act does not empower it to nominate or appoint its members

Political | 01:41 - 06/07/2019

 

 

 

Private - Mawazine News 
A legal expert Mohamed Sharif, Saturday, that the competence of the House of Representatives in the legislation of the Federal Supreme Court does not authorize him to nominate or appoint its members, and promised this trend against the principle of separation between the powers provided for in the Constitution. 
Al-Sherif told Mawazine News that "some of the MPs who found that their authority in the legislation of the Federal Supreme Court's law have the right to put an article in them give them the right to nominate or appoint their members." 
He added that "the origin in the legislative jurisdiction of the House of Representatives is not to exceed the Constitution, which established the principle of separation of powers in accordance with Article (47), which reads (the federal authorities consist of the legislative, executive and judicial authorities exercise their powers and functions on the basis of the principle of separation of powers) .
He pointed out that "the House of Representatives if it is to enact a law, it must take into account non-interference in the affairs of the judiciary as an independent authority, which is also stipulated by the Constitution." 
And Sharif, that "many of the laws were judged unconstitutional because the body that initiated it had exceeded its powers, and violated the Constitution in force." 
He explained that "the Constitution set an exception to the principle of separation of powers texts that allowed the House of Representatives to approve the appointment of specific titles exclusively, namely the President and members of the Federal Court of Cassation, the Chief Prosecutor and the President of the Judicial Supervisory Authority, based on Articles (61 / V / (91 / II) thereof ". 
"The Constitution, in all its articles, does not address other judicial addresses that its appointment is with the approval of the House of Representatives."
"The exception, as it is known, can not be expanded, and from this point of view it was ruled unconstitutional by the House of Representatives earlier that would allow him to approve the appointment of the vice president of the Federal Court of Cassation, Federal ". 
"The non-expansion of the exemption also includes the failure to grant the House of Representatives the power to appoint or nominate members of the Federal Supreme Court; the fact that the Constitution did not provide for this, other than the addresses mentioned above (President and members of the Federal Court of Cassation, Judicial) ". 
He concluded by saying that "the law that the House of Representatives works on legislation to the Federal Supreme Court must include mechanisms for the selection of its members, nomination and appointment, do not conflict with the Constitution, does not violate the principle of separation of powers, and does not represent interference in the judiciary."

[yota691]

The Federal Court reveals five verdicts in guaranteeing the rights of the accused

Political | 11:55 - 15/07/2019

 

 

 

BAGHDAD - Mawazine News 
The Federal Supreme Court revealed on Monday, issued five provisions guarantee the rights of the accused, pointing to the independence of the judiciary and the inadmissibility of interference in its decisions. 
"The Supreme Federal Court has issued five verdicts in the past few days, all of which concerned the protection of the rights of the accused before the judiciary," the court's spokesman Ayas al-Samuk said in a statement received by Mawazine News. 
"These provisions stipulate that the defendant must be presumed innocent until proven guilty in a fair trial in accordance with the provisions of Article 19 (V) of the Constitution of the Republic of Iraq," he added. 
"The court affirmed that human freedom and dignity are safeguarded in accordance with the provisions of Article 37 (I / 1) of the Constitution."
He added that "these provisions provided that the judge shall be allowed to assess the legal position of those accused of being arrested or released on bail, in accordance with the Code of Criminal Procedure No. 23 of 1971, 
"The court stressed the application of the provisions of articles (19 / I, 88 and 47) of the Constitution, which ruled the independence of the judiciary in the adoption of its provisions and decisions, and that no authority other than the law and the principle of separation of powers in each area of competence. A43

[yota691]

Interpretation of the Constitution

Monday, 15 July 2019 61

 

Salam Makki

The inclusion of the phrase: interpretation of the provisions of the Constitution, within the jurisdiction of the Federal Court provided for in Article 93 of the Constitution, comes to the recognition of the legislator, that there are texts that are ambiguous, or are subject to interpretation, or multiple aspects, contained in the Constitution, and need to be disclosed, If there is a need to be applied by the executive or legislative authority. The role of this important jurisdiction of the Federal Court is clearly manifested. The more vague and ambiguous the constitutional text is, the more likely it is that political authority will need to apply that text to the face One or one fact, to apply to the situation And as a result of a dispute between the authorities or among the political parties and their desire to resolve that dispute, they will go to the Federal Court, as the competent authority, to say the final word in the disclosure of what the legislator intended and what he wanted, when that text was drafted. Here is the question: Does the Federal Court reveal the purposes of the authors of the constitutional text, no matter what? Or does it reveal the ends that the Constitution itself intends, away from the intentions of its authors?

 The Iraqi constitution has been adopted in a political, security and economic situation, and a difficult situation, since the institutions of the state have not yet been formed, and the political vision of the framers of the Constitution, did not crystallize in a certain position, so it is uncertain that the drafters of the Constitution, The constitution, which is capable of absorbing the political and administrative transformations that will be witnessed in the country, especially since the current situation is radically different from the situation in which the constitution was passed. Is the function of the Federal Court the disclosure of the purposes of the legislator in that period? Or is it the job of revealing the purposes for which the constitution is drawn away from the nature of its authors and their backgrounds and political tendencies?

 The authority to interpret the constitution, although it comes second after the competence to control the constitutionality of laws and regulations and instructions, but not less serious and important than the control of the constitutionality of laws, the court when it wants to delve into the interpretation of a particular constitutional text, to invent a new constitutional text, , Revealing the original text, does not depart from its content and content, and at the same time, achieves the purpose of interpretation of the Constitution, the Court may resort when you find a lack of text to be interpreted to complete and the development of a new text to complement the original text, or that the text and beyond the disadvantages, The survival of the text, as it is, causes damage and embarrassment to the two authorities Conscientious and even executive. The opinion put forward by the Federal Court on the interpretation of a constitutional text is a binding opinion not to the party that requested that opinion, but for all, Article 94 considered that the decisions issued by the Federal Court are binding and binding on all authorities.

 The federal court is different from all other authorities, even the components of the judiciary, and this difference is not subject to censorship by any other party. All the legislative authorities, for example the House of Representatives, have control over its decisions by the Federal Court itself, the executive authority, the government Control by Parliament and by the judiciary in some cases, the administration there is censored by the administrative judiciary, the Supreme Judicial Council, there is censored by the Council itself. The Federal Court, in accordance with Article 94 of the Constitution, makes decisions that are irrevocable, irrevocable and not subject to review. This characterizes the composition, law and membership of the Court as an entity of great concern to the legislator with a view to enacting a law capable of forming a court Federal government takes on these serious responsibilities.

[yota691]

Expert: The arrival of clerics to the Federal Court threatens the important laws by abolition

Political | 02:20 - 16/07/2019

 

 

 

BAGHDAD (Reuters) - 
An expert on constitutional affairs revealed on Tuesday the possibility of revoking many important laws if the clerics arrive at the Federal Supreme Court, saying that this would be because of the violation of the provisions of Islamic law. 
The expert said Mohammed Sharif, "Many important legislation in the legal system of Iraq will be threatened with cancellation in the event of the clergy to the Federal Supreme Court." 
"These laws have been enacted in accordance with the principles of democracy, and have also taken into account the justice that Islamic law seeks." 
He pointed out that "the current draft law of the Federal Supreme Court before the House of Representatives guaranteed the arrival of clerics to the judiciary under the name of religious scholars."
"The preference given by the current draft of the clerics to the rest of the members of the court would be exploited to abolish these laws because of their opposition to the principles of Islam," Sharif said. 
He explained that "these laws can be discussed in detail in subsequent media statements, it guarantees the rights of Iraqi women and components, as well as create a balance in Iraqi society." 
The constitutional expert said that "the best solution is to stop discussing the project, which the House intends to vote on him soon amid a terrible silence and away from the public opinion." 
He stressed that "any lawsuit filed before the Federal Supreme Court on those laws on the grounds that they oppose the Constitution, which states that Islam is the religion of the State will open the door to the clergy in the issuance of the ruling unconstitutional by circumventing the spirit of the Constitution."

[Butifldrm]

Disclosure of controversial articles in Federal Court Act

 July 18, 2019 - 8:22

 

0

 

 Number of readings: 33

  

Baghdad: Sumer News Revealed the MP for the parliamentary bloc of the conquest, Razak Muhaibis, on Thursday, the controversial articles of the Federal Court's law, stressing that discussions continue between the political blocs. Mohebs said in a press statement, "The dialogues are still ongoing between the political blocs regarding the Federal Court Law," noting that "differences on the articles of the law has been reduced and possible to reach the blocks to agree on." He pointed out that "outstanding points of disagreement about the number of jurists and the law and the quorum of the Federal Council of the Court, in addition to the term of membership of the members of the Council of the Court and his age." He pointed out that "

https://sumer.news/ar/news/39531/كشف-النقاب-عن-المواد-الخلافية-في-قانون-المحكمة-الاتحادية

[Butifldrm]

The Judicial Council issues 5 decisions and confirms: a section of the corrupt in prison

 

Political | 06:08 - 25/07/2019

BAGHDAD (Reuters) 
- The Supreme Judicial Council announced on Thursday that it had taken five decisions on the work of the courts, pointing out that the perpetrators of corruption crimes were part of them in prisons and a fugitive. 
"The Council decided in its session today to instruct the courts to observe that the Constitution of the Republic of Iraq in Article 38 guarantees the freedom of expression by all means, as well as freedom of assembly and peaceful demonstration. The government's approach is to express this view by appropriate means both inside and outside the House of Representatives. This is not a punishable crime, as long as the legal procedures that respect state institutions are followed, especially since Iraq is one of the countries that chose the democratic parliamentary system Article (1) of the Constitution. "
He added that "the decisions also the need to apply the most stringent legal procedures against the perpetrators of smuggling crimes at the border crossings and prevent non-governmental entities from interfering in the work of state institutions in official government outlets and tighten procedures in cooperation with the Ministry of Health and the competent security authorities to take extraordinary measures in the fight against the crime of drugs The maximum penalties for the perpetrators of this crime and the emphasis on the security authorities in the provinces and cities that embrace the holy shrines need to make maximum efforts in cooperation with the courts to hold accountable the perpetrators of crimes that violate the sanctity of the holy places and demand from the Constitutionally competent to consider the draft new laws accomplished by the Judiciary Committee competent to review the old legislation, the problem of the Supreme Judicial Council and the completion of alternative laws sent by the Commission to the Presidency of the Republic legislation in preparation to be sent to the House of Representatives in order to speed legislation data. "
The statement pointed out that "the Supreme Judicial Council discussed the statistics of the courts competent to consider the issues of the Integrity Commission and briefed on the very large numbers of cases that have been resolved, both in the stage of investigation or trial and arrest warrants and the introduction of the right to various grades. The Council noted that a large number of those who committed corruption crimes Administrative and various grades currently in prison for the duration of their sentences and the other part of the runaway and a section is still under investigation or trial in accordance with the normal contexts of the application of the law, where the Council of the courts quickly resolve these cases and overcome routine procedures that hinder the speed of resolution.
In this regard, the Supreme Judicial Council reiterated the importance of the Council of Representatives to confirm the address of the Speaker of the House of Representatives in the meeting devoted to the discussion of corruption issues on 9/3/2019 of the mandate of the Legal Committee to consider the proposal of the President of the Supreme Judicial Council to amend the law of the Commission Integrity that the jurisdiction of the Commission is limited to large corruption cases that have a clear impact on the national economy. "

https://www.mawazin.net/Details.aspx?jimare=57249

[Butifldrm]

The Iraqi judiciary issues decisions to the opposition and "holy places" and defines the crime of "maximum penalties"

 

PolicyCilh Supreme JudicialIntegrity Commissionarrest warrantsHouse ofborder crossingsdrug

 2019/07/25 10:12:22

A- A A +

The Supreme Judicial Council on Thursday adopted several resolutions and recommendations concerning various files.

A statement of the council responded to the twilight news, it was decided to direct the courts to observe the following:

The Constitution of the Republic of Iraq in Article 38 guarantees the freedom of expression by all means, as well as the freedom of peaceful assembly and demonstration. Therefore, the political parties that choose the approach of the opposition of the government have the right to express this view by appropriate means both inside and outside the House of Representatives This is not an offense punishable by law as long as the legal contexts that respect state institutions are followed, especially since Iraq is one of the countries that chose the system (democratic parliamentary) to rule under Article (1) of the Constitution.

2. The necessity of applying the most stringent legal procedures against the perpetrators of smuggling offenses at border crossings and preventing non-governmental entities from interfering in the work of official state institutions in government outlets.

3- To intensify the procedures and in cooperation with the Ministry of Health and the competent security authorities to take exceptional measures in the fight against the crime of drugs and impose the maximum penalties for the perpetrators of this crime.

4 - Emphasize the security authorities in the provinces and cities that embrace the holy shrines need to make maximum efforts in cooperation with the courts to hold accountable the perpetrators of crimes that harm the sanctity of holy places.

5- Requesting the competent authorities to constitutionally consider the new draft laws that have been completed by the judicial committee concerned with reviewing the old legislations formed by the Higher Judicial Council and completing the legislation of alternative laws sent by the committee to the Presidency of the Republic.

The Supreme Judicial Council discussed the statistics of the competent courts to review the issues of the Integrity Commission and reviewed the very large numbers of cases that were resolved, whether in the investigation or trial stage and the arrest and recruitment notes against the various grades. The Council noted that a large number of those who committed administrative corruption crimes, In prisons to spend their sentences and the other part is a fugitive and a section is still under investigation or trial in accordance with the normal contexts of the application of the law.

The Council instructed the courts to resolve these cases quickly and to overcome routine procedures that hinder the speed of resolution.

In this regard, the Supreme Judicial Council reiterates the importance of the House of Representatives in the meeting devoted to the discussion of corruption issues on 9/3/2019 of the mandate of the Legal Committee to consider the proposal of the President of the Supreme Judicial Council that the amendment of the Integrity Commission's law to be limited jurisdiction The Commission on the issues of corruption, which have a significant impact on the national economy, "according to the statement.

https://www.shafaaq.com/ar/سیاسة/القضاء-العراقي-يصدر-قرارات-للمعارضة-والاماكن-المقدسة-ويحدد-لجريمة-أقصى-العقوبات/

[Butifldrm]

The Federal Court confirms that no one may be detained or interrogated except by a judicial decision

Written by: saadin:July 28, 2019In: Iraq NewsNo comments

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Nour News / Baghdad

The Federal Supreme Court affirmed that no one may be detained or interrogated except by judicial decision, stressing the independence of the judiciary and not interfering in its jurisdiction.

"The court confirmed in its rulings that no one may be detained or interrogated except by a judicial decision, in accordance with Article (37) of the current constitution," Ayas al-Samuk, a spokesman for the court, said in a statement.

He added that "a number of judgments issued by the Federal Supreme Court ruled that the unconstitutionality of articles in the laws gave the power to arrest the accused to non-judges."

Al-Samarik pointed out that "among these provisions is the ruling issued by (15/2011) under which the Federal Supreme Court ruled unconstitutionality of Article (237) of the Customs Law No. (23) of 1984, which stipulated (the decision to arrest the director Or the person authorized to do so, and the detainee shall be submitted to the customs court within three days from the date of his arrest. "

He pointed out that "the Federal Supreme Court confirmed that Article (37) of the Constitution is the top in the application," pointing to "the keenness of the Federal Supreme Court on the independence of the judiciary and non-interference in its terms of reference." 

http://alnoornews.net/archives/226190/المحكمة-الاتحادية-تؤكد-عدم-جواز-توقيف/

[Butifldrm]

 

2019/07/29 13:33

• Number of readings 62
• Section: Iraq
•  

The Federal Supreme Court explains the legal interpretation of the concept of parliamentary opposition

BAGHDAD / The obituary: The Federal Court, on Monday, a ruling on the concept of mass parliamentary opposition, asserting that its members exercise full constitutional guarantees.

"The Federal Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the judges and considered a request from the House of Representatives on the concept of political opposition and its relevance to the provisions of Article 76 of the Constitution," said the spokesman of the court, Iyas Samuk. 
 
"The request included the question of the extent of the validity of the concept of the violation in Article (76) of the Constitution to understand the right of the bloc or blocks that do not organize to the parliamentary bloc the most or withdraw from them to represent the parliamentary opposition bloc," adding that " The right of another bloc or members of the House of Representatives to join the front or the opposition bloc with the same mechanism in which it was registered. "
 
He added that "the request guarantees the inquiry about the constitutional guarantee that provides for this bloc in the parliamentary system based on the provisions of the Constitution and what is settled by the comparative jurisprudence," noting that "the Court found that article (76) of the Constitution has already been outlined in its ruling on 25/3/2010 ) By the number (25 / Federal / 2010) and confirmed in its decision on 11/8/2014 number (54 / TQ / 2014) ". 
 
The Samok said that "the court defined during these two provisions the concept of the parliamentary bloc the most numerous, which was formed after the elections through a single electoral list and won the most seats or that have gathered from two lists or more of the electoral lists and won the most number of seats and won all members of the status MP after swearing in the constitutional oath, which assigns its candidate to form the Council of Ministers.
 
He pointed out that "the Federal Supreme Court clarified that the remaining of the deputies is in accordance with the democratic parliamentary system adopted by Iraq under the text of Article (1) of the Constitution for 2005, and did not join the parliamentary bloc the most numerous and which formed the candidate of the Council of Ministers is an option to form a block Opposition according to a certain curriculum and feel the Presidency of the House of Representatives names of its deputies and curriculum, or remain alone opposed to what they want to oppose the work of the executive authority or support him according to their convictions.
 
The Samok said that "the Supreme Federal Court stated that the bloc of opposition formed in accordance with its options and in accordance with its platform all the constitutional guarantees guaranteed by the Constitution and the law of the House of Representatives exercise powers and powers as representing the entire Iraqi people in addition to the immunity enjoyed by the views expressed by the MP during the session "Pointing out that" the Federal Supreme Court found that the members of the opposition bloc as members of the parliamentary bloc the most numerous transformation to any of the blocks during the electoral cycle according to their convictions and guarantee the freedom of opinion and privacy based on Articles (17 / I), (38) or No) of the Constitution. "

Follow the obelisk

 

http://almasalah.com/ar/news/175691/المحكمة-الاتحادية-العليا-توضح-ال-تفسير-القانوني-لمفهوم-المعارضة-البرلمانية

[yota691]

Federal: members of the parliamentary opposition exercise full constitutional guarantees

Tuesday 30 July 2019 78

 

Baghdad / Al-Sabah

 

 

The Federal Supreme Court on Monday ruled on the concept of the parliamentary opposition bloc, asserting that its members exercise full guarantees

Constitutional.

"The Supreme Federal Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all members of the judges and considered a request from the House of Representatives on the concept of political opposition and its relevance to the provisions of Article 76 of the

the Constitution".

"The request included the question of the extent of the validity of the concept of violation in Article (76) of the Constitution to understand the right of the bloc or blocks that do not join the parliamentary bloc or the most withdrawn from them to represent the parliamentary opposition bloc," noting that " The right of another bloc or members of the House of Representatives to join the front or the opposition bloc with the same mechanism in which it was registered. " He pointed out that "the request guarantees the inquiry about the constitutional guarantees that provide for this bloc in the parliamentary system based on the provisions of the Constitution and what is settled by the comparative jurisprudence," pointing out that "the Court found that Article (76) of the Constitution has already stated in its ruling on 25 / (25 / Federal / 2010) and confirmed in its decision on 11/8/2014 number (54 / T / 2014) ".

The Samok said that "the court knew during these two provisions the concept of the parliamentary bloc the most numerous, which was formed after the elections through a single electoral list and won the most of the seats or that gathered from two lists or more of the electoral lists and won the most seats and all members have the status of MP after swearing in the constitutional oath, which assigns its candidate to form a council

Ministers ".

He pointed out that "the Federal Supreme Court clarified that the remaining of the deputies is in accordance with the democratic parliamentary system adopted by Iraq under the text of Article (1) of the Constitution for 2005, and did not join the parliamentary bloc the most numerous, which formed the candidate Council of Ministers, An opposition bloc according to a certain platform and informs the Presidency of the House of Representatives names of its deputies and curriculum, or remain individually oppose what they want to oppose the work of the executive authority or support him according to their convictions.

Samuk noted that "the Supreme Federal Court stated that the bloc of opposition formed in accordance with its options and in accordance with its platform all the constitutional guarantees guaranteed by the Constitution and the law of the House of Representatives exercise powers and powers as representing the entire Iraqi people in addition to the immunity enjoyed by the MP for the views expressed during the session of the session" , Pointing out that "the Federal Supreme Court found that the members of the opposition bloc as members of the parliamentary bloc the most numerous transformation to any of the blocks during the electoral cycle according to their convictions and guarantee the freedom of opinion and privacy based on Articles (17 / first) and (38 / ) Of the Constitution. "

[yota691]

The Federal Court provides that article 140 of the Constitution shall remain in force

Political | 12:09 - 30/07/2019

 

 

 

 

Follow up - Mawazine News

The Supreme Federal Court ruled that article 140 of the Constitution of the Republic of Iraq should remain in force, stressing that this will continue until the implementation of its provisions and the purpose of its legislation. 
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all the judges and considered the request of the House of Representatives to interpret Article 140 of the Constitution in terms of its validity or not," the spokesman of the court, Ayas al-Samuk, . 
"The Supreme Federal Court found that Article 140 of the Constitution of the Republic of Iraq for 2005 called on the executive authority to take the necessary steps to complete the implementation of the requirements of Article (58) of the Transitional Administrative Law in all its paragraphs, ) Of the Constitution. "
He pointed out that "the court found that this is to achieve the objectives stated in Article (58) of the Iraqi Transitional Administration Law aimed at achieving justice in the areas that have been subjected to a change in the demographic situation through deportation and exile and forced migration in accordance with the steps outlined in Article (58) mentioned above. 
The Spokesman pointed out that "the Federal Supreme Court found that these steps have not been completed and that the section has not been taken, and remains the goal of the development and legislation of Article (140) of the Constitution is required and the duty of implementation from all." 
"The Court affirmed that the date specified in the implementation of Article 140 of the Constitution has been set for regulatory matters and urged the concerned parties to implement them and do not affect their essence and achieve their objective."
"The Supreme Federal Court and therefore decided to stay the entry into force of Article 140 of the Constitution of the Republic of Iraq at present and until the implementation of the requirements and achieve the goal of its legislation in accordance with the steps outlined in Article (58) of the Iraqi State Administration for the transitional period" 29 / p