Iraq: The judiciary calls for the speedy completion of the investigation into the killing of demonstrators

[yota691]

The Federal Court ruled that the Presidency of the House of Representatives did not submit applications for the validity of the membership of the deputies

Release date:: 2019/9/23 12:17 • 295 read times

(Baghdad: Euphrates News) The Federal Supreme Court issued a ruling on refraining from submitting requests related to the validity of membership of deputies to the House of Representatives in accordance with Article (52 / I) of the Constitution.

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of judges of all members," said court spokesman Eyas al-Samouk in a statement received by the Euphrates News Agency. / Add to his job. "
He added that "the plaintiff and through his agent ended in his petition to request the ruling to cancel the decision of the defendant Speaker of the House of Representatives / in addition to his position - assuming a ruling - to dismiss his objection to the validity of the membership of MP Ibtisam Mohammed Darb after the constitutional period stipulated in Article (52 / first) Of the Constitution of thirty days from the date of registration of his objection to him and has not been submitted to the House of Representatives for a vote. "
He pointed out, "The plaintiff also requested the verdict to annul his ruling, which he considers as a response to his objection and his replacement in the House of Representatives in place of MP Ibtisam Mohammed Darb."
He pointed out that "the Federal Supreme Court found that the position of the Presidency of the House of Representatives should not be separated not to present the objection of the plaintiff to the members of the House of Representatives to vote on it - as the plaintiff claims in his petition - and the decision issued by the House of Representatives by a two-thirds majority of its members when the objection is actually presented to him."
Al-Samouk confirmed that "the Federal Supreme Court held that the decision issued by the House of Representatives by a two-thirds majority of its members when considering objection to the validity of the membership of one of the deputies is the jurisdiction of the Federal Supreme Court to consider in accordance with its competence provided for in Article (52 / second) of the Constitution."
He stated, "The court confirmed that the House of Representatives did not issue a decision by a two-thirds majority of its members regarding the plaintiff's objection to the validity of the membership of MP Ibtisam Mohammed Darb or invalidity, and therefore its competence was not achieved as it can not be withdrawn the decision of the Presidency of the House of Representatives not to submit the objection The validity of the membership of MP Ibtisam Mohammed trained on the will of members of the House of Representatives by a two-thirds majority in total.
He stressed that the court stressed that it is not possible to "consider the decision of the House of Representatives decision issued by them under article (52 / first) of the Constitution."
He pointed out that "the court accordingly found that the plaintiff's claim is obligatory to respond from the jurisdiction and decided the decision to dismiss them."

[Butifldrm]

Issuance of a ruling on the non-submission of the Presidency of the House of Representatives requests for validity of membership of parliamentarians

 2019/09/23 04:19:58

 

Spokesman of the Federal Supreme Court, Eyas Al-Samouk, issued a press release saying:

The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all judges, and issued the judgment below:

((Upon review and deliberation of the Federal Supreme Court found that the plaintiff and his agent has ended in his petition to request the ruling to cancel the defendant's decision of the President of the House of Representatives in addition to his position - assuming a ruling - to dismiss his objection to the validity of the membership of MP Ibtisam Mohammed Darb after the constitutional period has passed Article (52 / First) of the Constitution, which is thirty days from the date of registration of his objection to him and has not been submitted to the House of Representatives for a vote, and asked the ruling to cancel his ruling, which he considers as a response to his objection and replace him with a member of the House of Representatives in place of MP Ibtisam Mohammed Darb.

The Federal Supreme Court finds it necessary to sort out the position of the Presidency of the House of Representatives not to present the plaintiff's objection to the members of the House of Representatives for voting - as the plaintiff claims in his petition - and the decision issued by the House of Representatives by a two-thirds majority of its members when the objection is actually presented to him. Two-thirds of its members when considering objection to the validity of the membership of one of the deputies is the Federal Supreme Court is competent to hear in accordance with its competence provided for in Article (52 / second) of the Constitution.

Since the House of Representatives did not issue a decision by a two-thirds majority of its members regarding the plaintiff's objection to the validity of the membership of MP Ibtisam Mohammed Darb, or its invalidity, its competence did not materialize. Trained on the will of members of the House of Representatives by a two-thirds majority in total and can not be considered a decision of the House of Representatives decision issued by them under Article (52 / first) of the Constitution.

Accordingly, the plaintiff's claim shall be subject to a reply from the competent authority.

The ruling was issued by agreement based on the provisions of Article 94 of the Constitution and Article 5 of the Federal Supreme Court Law No. 30 of 2005, and it was publicly understood on 23/9/2019).

https://www.shafaaq.com/ar/سیاسة/صدور-حكم-بشأن-عدم-عرض-رئاسة-مجلس-النواب-طلبات-صحة-عضوية-البرلمانيين/

[yota691]

Federal Court: Corruption cases are not our prerogative and we have no backlog

Release date:: 2019/23/23 14:36 • 53 read times

BAGHDAD: The Federal Supreme Court denied its jurisdiction to hear cases of public money, noting that the resolution of cases comes in a continuous manner without delay.

"The jurisdiction of the Federal Supreme Court is defined by the Constitution and the law, which are constitutional lawsuits and not to deal with lawsuits relating to the waste of public money," spokesman Eyas al-Samok said in a statement received by Euphrates News.
He added, "The court does not have any old cases, everyone is resolved without delay and publish copies of its judgments on the website of the Federal Supreme Court."

[Butifldrm]

Committees of the Legal Committee Important 

The Legal Committee discusses the law of the Federal Court

 23/09/2019

The Legal Committee held a meeting chaired by MP Rebwar Hadi, Chairman of the Committee and the presence of its members on Monday 23/9/2019, to discuss the Federal Court Law.

The committee pointed out that it is in the process of enacting the Federal Court Law, which is considered one of the most important laws that will be completed during the current stage, as a guarantor of the unity of Iraq and the application of the Constitution, calling on all leaders of the blocs, politicians, experts and specialists in the constitutional field to interact with the stages of legislation, in order to preserve the supreme interest of the country.

The meeting discussed a number of articles of the law, including the structure of the Federal Court and the number of its members and the role of experts in Islamic jurisprudence and jurists.

The committee also discussed the report on the abolition of the offices of general inspectors, as well as setting a date for hosting the IHEC.

 

Information Service

Parliament

23/9/2019

http://ar.parliament.iq/2019/09/23/اللجنة-القانونية-تناقش-قانون-المحكمة/

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Committees of the Legal Committee 

The Legal Committee visits the Federal Court and meets with its President

 25/09/2019

On Wednesday 25/9/2019, the Legal Committee headed by MP Rebwar Hadi, Chairman of the Committee and his accompanying delegation visited the Federal Supreme Court and met with the President of the Court Judge Medhat Al Mahmoud.

The meeting discussed strengthening relations between the legislative and judicial institutions, and seeking to legislate important laws that meet the aspirations and aspirations of the Iraqi citizen and serve the higher interest of the country.

The Committee listened to the remarks and ideas presented by Judge Medhat Al-Mahmoud, President of the Court, on the legislation of the Federal Supreme Court Law, calling for benefiting from the experiences of developed countries that have a long history in the field of constitutional justice. The new law should be committed to the principles of the Constitution. The court, stressing that the members of the court of judges have the most prominent role in making decisions in addition to the need to adhere to the principles of Islam.

The President of the Federal Supreme Court noted that there is no constitutional vacuum, and that members of the Court perform their duties regularly.

For its part, the Legal Committee stressed the need to continue regular meetings and meetings between the legislative and judicial authorities, during the stages of legislation legislation and the law of the Federal Court in particular, noting that the visit comes in order to listen to the proposals of the President and members of the Federal Court and to find effective solutions to the controversial points and the convergence of views on them.

The Committee added that the Federal Court had a role in maintaining the political presence and the rights of the Iraqi people various components, praising its active role during the previous and current period in the maintenance of the Constitution and the interpretation of controversial points on some laws, stressing the keenness of the Legal Committee to adopt legal and professional contexts when enacting any law away About political tugging.

The parliamentary law pointed out that there are many challenges during its work on the legislation of the Federal Court seeks to overcome it in order to proceed with its legislation and the completion of a law that protects the Constitution and a guarantor of the components of the Iraqi people in all its spectrums and be the basis for building a state of institutions that promote the Iraqi people to prosperity and progress, noting the establishment of ladies and gentlemen Members of the Legal Committee made numerous visits to the Presidency of the Republic and various judicial institutions and ministries to listen to the observations and proposals made on the legislation of various laws as an essential part of the Committee's oversight and legislative role.

Media Department The
House of Representatives
25/9/2019

http://ar.parliament.iq/2019/09/25/اللجنة-القانونية-تزور-المحكمة-الاتحا/

[yota691]

Mahmoud reveals the flaws of the federal court bill and introduces a new mechanism for nominating its members

Date of edit:: 2019/25 14:41 • 85 times read

The President of the Federal Supreme Court Judge Medhat al-Mahmoud and its judges, the President and Vice President and members of the Legal Committee in the House of Representatives.

Mahmoud said in the meeting held in the Constitutional Court of Justice in the Federal Supreme Court, that "there is a common opinion with the House of Representatives of the need to legislate the law of the Federal Supreme Court."
Mahmoud added that "the law in force for the court was initiated under the law of the administration of the Iraqi state, and by reference to advanced international experiences."
He pointed out, "The Constitution in force obliged to issue a new law of the Federal Supreme Court, and accordingly we submitted in 2006 its draft law to the Presidency Council."
He explained that "another draft was drafted at the time, and he and our project remained in the presidency."
Al-Mahmoud said that "another project that has been put forward recently we do not know its source, but it seems that its texts were a mix between the visions of the draft submitted by the Federal Supreme Court and the other side."
He pointed out that "another draft was voted in the Council of Ministers in the previous election cycle, and was referred to the House of Representatives and then another draft sent from the Council of Ministers to the House of Representatives, which is currently under discussion."
"The court is keen to approve the law as soon as possible, but in accordance with the constitution," he said, noting that "the members of the court were briefed on the draft currently under discussion, and found that a number of its texts do not conform to the Constitution and the constitutional process."
He stressed, "Our remarks came on the articles and paragraphs of it, where we put a table divided into three fields: the first contains the text sent by the Council of Ministers, the second field is the vision of the Federal Supreme Court of this text, and the third reasons for the court to put the alternative text."
"The first observation concerns the number of members of the court, where the draft made them 13 members, which is exaggerated from our point of view in addition to the predominance of non-judicial, although the Constitution provides that the Federal Supreme Court is a judicial body."
He continued, that our vision is to be the number of members of the court of seven judges , including the president and vice president and four non - judges who are Islamic jurisprudence experts and jurists give their opinion and experience in the field of the fundamentals of Islam and the principles of law. "
Continues the President of the Court, that" second observation regarding obsolete filtration, where The abolished State Administration Law gave that authority to the Judicial Council at the time, where three sessions of the Judicial Council were held, which resulted in the nomination of 27 judges from the applicants, which is three times the required number. Members of the Court make up the current crew. "
Al-Mahmoud said, "The Constitution in force lifted that authority from the Supreme Judicial Council, and limited its task in the nomination of three judicial titles, namely, the President and members of the Federal Court of Cassation, the Chief Prosecutor and the head of the judicial supervision body are appointed by the House of Representatives, an exception to the principle of separation of powers set forth in Article (47) of the Constitution, as well as the House of Representatives, which gave the Constitution the power to appoint those judicial addresses only three members of the federal judiciary exclusively. "
He explained, "Our proposal in the nomination and developed countries, to meet the General Assembly of the Federal Supreme Court, which is 9 members, who will nominate instead of four members who will retire at the issuance of the law, three times the required number and the presidency of the Republic appointed the replacement of the four of them after consultation with the relevant authorities Relationship".
Mahmoud said, "A second change takes place after three years includes the remaining members and the president of the court and the same mechanism by nominating three times the required number."
He stressed that "a comprehensive change to the members of the Federal Supreme Court will occur within three years and gradually to preserve the constitutional experience and case law."
Al-Mahmoud added that "the General Assembly of the Court when nominating members will consult with the Supreme Judicial Council and the Council of the Judiciary in the Kurdistan Region, the Bar Association, the Union of Jurists and other civil society organizations concerned with constitutional justice."
The voyager that the names of the candidates are transferred to the Office of the President to issue decrees of the Republic who are selected for membership of the Federal Supreme Court. "
Said Mahmoud," The third point relates to the duration of judicial experience, where it came under the project for 15 years, which is inadequate and does not conform to judicial contexts " .
He added, "Our vision is to make the judicial experience 20 years; because we assume that the graduate of the Judicial Institute at the age of 30 years, and add the duration of his judicial experience of 20 years will become 50 years and the duration of his membership in the Federal Supreme Court 12 will be aged after 62 years of constitutional service ".
Al-Mahmoud denied "the existence of a constitutional vacuum in the Federal Supreme Court," noting that "all its members are in good health and there is nothing to hinder the performance of their tasks."
He continued, "The court has a reserve member, namely, Judge Mohammed Rajab al-Kubaisi and Mohammed Qasim al-Janabi, and they have been issued two presidential decrees to do so, and in the case of a barrier to the participation of any of the members of the current court is replaced by the reserve member, this for the law in force, and the law to be issued He will outline how to appoint the members of the court. "
"All our judgments and decisions are published on the website of the Federal Supreme Court in both Arabic and English, to ensure transparency and impartiality and inform the citizen," he said.
He stated that "the Federal Supreme Court is keen to inform the international public opinion through the judgments and decisions that Iraq is a state of law and there is a court monitors the constitutionality of legislation and regulations."
He concluded by saying "the need to preserve the institutions of the state and not to be exposed or offended because we are in front of an international community and that exposure to any institution means targeting all of Iraq."
For his part, called the Chairman of the Legal Committee Rebwar Hadi to "continue communication between the House of Representatives and the Federal Supreme Court because of its importance in terms of the constitutionality of laws."
Hadi said that "the Committee wants to submit all the draft laws to the Federal Supreme Court to take a bribe on them before the vote to ensure that they are issued in accordance with the Constitution, including the draft law of the Federal Supreme Court,".
He stressed that "the Commission received the proposals of the Court regarding its law, but its members were keen to hold a face-to-face meeting in order to hear more proposals."
Hadi confined the dispute to the law of the court "who is responsible for the nomination of members of the Court, and the decision-making mechanism, and some of the technical issues."
In turn, the Vice-Chairman of the Committee, Mohammed al-Ghazi, "the importance of the Federal Supreme Court in maintaining balance and the rights of components, and convey the image to the outside world that Iraq has constitutional and legal institutions."
He continued, "The Legal Committee is in the process of starting to legislate the law of the Federation Council to complete the shortage of legislative authority, and the draft will be presented to the Federal Supreme Court in order to take its opinion in its texts."
The committee's decision, Yahya al-Mohammadi, talked about real obstacles and obstacles to the adoption of the law of the Federal Supreme Court, and attempts to political interference.
Committee member Saeb Khedr expressed his admiration for the decisions of the Federal Supreme Court, which he said maintained the balance and preserved the rights of the components and the identity of the civil state.
He called for "the adoption of the proposal of the Court to be changed its members in two stages in order to preserve the constitutional experience and benefits provided by the Federal Supreme Court for small components."
At the end of the meeting, the judge stressed the importance of continuing the dialogue and convergence of views in order to get out the law of the Federal Supreme Court in a manner consistent with the Constitution, and it was agreed to maintain communication on all laws, especially the Constitution provided for legislation.

[Butifldrm]

Al-Mahmoud: All members of the Federal Court are in good health and there is nothing impeding the performance of their duties

15:23 - 25/09/2019

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Information / Baghdad

The head of the Federal Supreme Court Judge Medhat al-Mahmoud, on Wednesday, denied the existence of a constitutional vacuum in the court, stressing that its members are healthy.

"There is no constitutional vacuum in the Federal Supreme Court," Mahmoud said in a statement received on the sidelines of a meeting with members of the parliamentary legal committee.

Al-Mahmoud added, “The Court has a reserve member, Judge Mohammed Rajab Al-Kubaisi and Mohammed Qasim Al-Janabi. Its release will outline how the members of the court will be appointed.

"All our judgments and decisions are published on the website of the Federal Supreme Court in both Arabic and English, to ensure transparency and impartiality and inform the citizen," he said.

He stated that "the Federal Supreme Court is keen to inform the international public opinion through the judgments and decisions that Iraq is a state of law and there is a court monitors the constitutionality of legislation and regulations."

He concluded by saying "the need to preserve the institutions of the State and not to be exposed or offended because we are in front of an international community and that exposure to any institution means targeting all of Iraq."

The MP of the Alliance Sairon Riad Masoudi, on Wednesday, during a statement to the agency / information /, the continuation of the work of the Federal Court and its presence as "illegal", among the majority of its members are not in good health.

https://www.almaalomah.com/2019/09/25/430671/

[yota691]

The Federal Court confirms its lack of competence to consider the administrative actions of the House of Representatives

Release date:: 2019/10/16 11:19 • 159 times read

{Federal: Euphrates News} The Federal Supreme Court dismissed an objection to the validity of the membership of one of the deputies, noting that it is not competent to consider the administrative conduct of the House of Representatives.

"The Federal Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of the judges of all members," said court spokesman Iyas al-Samouk in a statement received by the Euphrates News Agency. .
Al-Samouk added that "the plaintiff confined his request to issue a decision requiring the defendant to the President of the Council of Representatives / in addition to his job, to submit his appeal to challenge the health of the deputy against the emirate; The agenda of each session of the Council, in implementation of the text (52 / first) of the Constitution.
He pointed out, "The Federal Supreme Court found that the request of the plaintiff after limiting his claim relates to an administrative action relating to a specific challenge governed by a constitutional article, which is Article (52 / first) of the Constitution."
He pointed out, "The court found that such behavior is adapted as an administrative action competent to hear the appeal the competent court to consider administrative actions."
He pointed out that "the Federal Supreme Court confirmed that its jurisdiction in the application of the provisions of Article (52) of the Constitution is limited to the consideration of the appeal submitted to the decision issued by the House of Representatives in accordance with its competence set forth in Article (52 / I) of the Constitution."
The Spokesman stressed that "the court confirmed that its judiciary has settled in several judgments on this direction, including the decision issued by the number (72 / Federal / 2019) on (23/9/2019)."
He continued, "The Federal Supreme Court, and based on the foregoing found that the plaintiff's suit to respond from the competent authority, and ruled her response."

[yota691]

2019/10/26 03:19:49 PM 278

Federal Supreme Court: Judge Medhat Mahmoud does not hold the post of President of the Supreme Judicial Council

 

Baghdad / Al-Ghad Press:

The Federal Supreme Court denied on Saturday that its president, Judge Medhat, was the head of the Supreme Judicial Council.

 

 

 

"Judge Medhat al-Mahmoud is currently the president of the Federal Supreme Court," court spokesman Ayas al-Samouk said in a statement received by Al-Ghad Press.

Al-Samouk added that "the position of the President of the Supreme Judicial Council is occupied by Judge Faiq Zaidan, President of the Federal Court of Cassation since the beginning of 2017 and until now, after the issuance of the Supreme Judicial Council Law No. (45) for 2017."

 

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[yota691]

Federal Court ruled not to distribute positions in accordance with the quota decision (expanded)

Date: 2019/10/28 10:45 • 285 times read

The Supreme Federal Court ruled not to distribute positions in accordance with the decision of political quotas.

"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 issued the verdict below:
" Restricting his claim through the pleading session dated 14/10/2019 has requested the ruling on the unconstitutionality of paragraph (6) of Legislative Decree No. (44) of 2008, which was initiated by the Council of Representatives and endorsed by the Presidency Council at the time and published in the Iraqi facts number (4102) issued in 24/12/2008
reading ((6 agreed upon the implementation of the demands of the menus and Political maturity blocks according to the state agencies for the positions of deputy ministers and heads of bodies, institutions and special grades and the House of Representatives to speed up the ratification of the special grades)).
The plaintiff argued in his case that this provision was subject to appeal by the lists and political blocs for themselves to be alone in the acquisition of positions, including special grades in the state and prohibited others to obtain these positions contrary to the Constitution.
The power to submit the names of candidates to the House of Representatives for appointment to positions and occupy the special grades is determined by Article (61 / V) of the Constitution and not including (lists and political blocs).
The prosecutor added to the lack of competence of the House of Representatives to issue legislative decisions, including the legislative decision subject to appeal.
The Federal Supreme Court finds that the House of Representatives legislation legislation No. 44 of 2008 was in the presence of the (Presidency Council), which ended its role after the end of the first session of the House of Representatives subsequent to the entry into force of the Constitution of the Republic of Iraq for 2005, although that jurisdiction has no basis of the Constitution Except in the areas stipulated by the Constitution exclusively and not including the issuance of legislative decisions an alternative to the laws and in accordance with the contexts established by the Constitution to issue laws.
This is what was ruled by the Federal Supreme Court in its ruling in the case numbered (140 / federal / 2018 and the consolidated suit with the numbered 141 / federal / 2018) issued on 23/12/2018.
On the other hand, on the other hand, the Federal Supreme Court finds that the lists and political blocs claim the positions of undersecretaries of ministries and the presidency of bodies and special grades in the state organs according to their entitlement is not supported by the Constitution because these addresses are only functional addresses specified in the Constitution in Article (61). Fifth: The parties that nominate those whom they deem necessary to occupy according to their competence and competence. These bodies are mentioned exclusively in Article (61 / V) of the Constitution mentioned above, not including (political lists and blocs). The so-called (political quotas) in the distribution The positions mentioned and the resulting disadvantages have affected the state's paths and are in the public interest.
In addition to violating the principle of equality among Iraqis, as stipulated in Article (14) of the Constitution, which obliges equality among Iraqis before the law without discrimination because of sex, race, nationality, origin, color, religion, creed, belief, opinion, economic or social status The subject of the appeal is also the principle of equal opportunities provided for in Article (16) of the Constitution, which guaranteed all Iraqis to obtain their chances to hold office and other positions in the State on the basis of competence, specialization and other requirements for the occupation of public office. Start.
Accordingly, the Federal Supreme Court verified that the paragraph in question challenged the constitutional principles contained in the aforementioned articles, which are governing articles. Article (2 / I / C) of the Constitution may not enact legislation other than that. Decision of the Council of Representatives issued by the number (44) for the year 2008 published in the Iraqi facts (No. 4102) on 24/12/2008 and cancel the work under it and the loading of the defendant in addition to his job expenses and attorneys 'attorneys' fees and the amount of one hundred thousand dinars.
The ruling was issued by agreement and binding on all authorities in accordance with the provisions of Article (94) of the Constitution and Article (5) of the Federal Supreme Court Law No. (30) for the year 2005, and the decision was read publicly at the meeting held on 28/10/2019.

[Butifldrm]

The highest judicial authority in Iraq stipulates that the distribution of positions according to quotas is not subject

 

 

 2019/10/28 02:08:31

 

The Supreme Federal Court ruled the highest judicial authority in Iraq on Monday not subject to the distribution of positions in accordance with the quota.

The spokesman for the court, Hossam al-Samouk, said in a statement today that the lists and political blocs demand the positions of undersecretaries of ministries and the presidency of the bodies and special grades in the state organs according to their merit is not supported by the Constitution.

He went on to say that contrary to the provisions of the Constitution has created the so-called political quotas in the distribution of positions and the resulting negatives have affected the paths of the state and in the public interest.

The court's verdict was issued through its session presided over by Judge Medhat al-Mahmoud and the presence of all members' judges.

Upon scrutiny and deliberation of the Federal Supreme Court, it was found that the plaintiff and his agents, after limiting his case through a pleading session dated 14/10/2019, had requested the ruling on the unconstitutionality of paragraph (6) of Legislative Decree No. (44) of 2008, which was initiated by the Chamber of Deputies and ratified. By the Presidential Council at the time and published in the Iraqi facts number (4102) issued on 24/12/2008

The text of ((6 - the implementation of the demands of the lists and political blocs in accordance with their entitlement in the state organs for the positions of deputy ministers and heads of bodies and institutions and special grades and the House of Representatives to speed up the ratification of special grades)).

The plaintiff went on to claim that this provision was challenged by the lists and political blocs for themselves to acquire the sole positions, including special grades in the state, and prohibited others to obtain these positions contrary to the Constitution.

 The power to raise the names of candidates to the House of Representatives for appointment to positions and occupy the special grades is determined by Article (61 / V) of the Constitution and not including (lists and political blocs).

 The plaintiff added to the lack of competence of the House of Representatives to issue legislative decisions, including the legislative decision subject to appeal.

 The Federal Supreme Court finds that the House of Representatives legislation legislation No. 44 of 2008 was in the presence of the (Presidency Council), which ended its role after the end of the first session of the House of Representatives subsequent to the entry into force of the Constitution of the Republic of Iraq for 2005, although that jurisdiction has no basis of the Constitution Except in the areas stipulated by the Constitution exclusively and not including the issuance of legislative decisions an alternative to the laws and in accordance with the contexts established by the Constitution to issue laws.

This is what was ruled by the Federal Supreme Court in its ruling in the case numbered (140 / federal / 2018 and the consolidated suit with the numbered 141 / federal / 2018) issued on 23/12/2018.

On the other hand, on the other hand, the Federal Supreme Court finds that the lists and political blocs claim the positions of undersecretaries of ministries and the presidency of bodies and special grades in the state organs according to their entitlement is not supported by the Constitution because these addresses are only functional addresses specified in the Constitution in Article (61). Fifth: The parties that nominate those whom they deem necessary to occupy according to their competence and competence. These bodies are mentioned exclusively in Article (61 / V) of the Constitution mentioned above, not including (political lists and blocs). The so-called (political quotas) in the distribution The positions mentioned and the resulting disadvantages have affected the state's paths and are in the public interest.

In addition to violating the principle of equality among Iraqis, as stipulated in Article (14) of the Constitution, which obliges equality among Iraqis before the law without discrimination because of sex, race, nationality, origin, color, religion, creed, belief, opinion, economic or social status The subject of the appeal is also the principle of equal opportunities provided for in Article (16) of the Constitution, which guaranteed all Iraqis to obtain their chances to hold office and other positions in the State on the basis of competence, specialization and other requirements for the occupation of public office. Start.

Accordingly, the Federal Supreme Court verified that the paragraph in question challenged the constitutional principles contained in the aforementioned articles, which are governing articles. Article (2 / I / C) of the Constitution may not enact legislation other than that. The decision of the Council of Representatives issued by the number (44) for the year 2008 published in the Iraqi facts (No. 4102) on 24/12/2008 and cancel the work under it and the loading of the defendant in addition to his job expenses and attorneys' fees attorney attorney and the amount of one hundred thousand dinars.

The ruling was issued by agreement and binding on all authorities in accordance with the provisions of Article 94 of the Constitution and Article 5 of the Federal Supreme Court Law No. 30 of 2005, and the verdict was read out publicly at the hearing held on 28/10/2019.

Iraqi Prime Minister Adel Abdul-Mahdi announced a few days ago that his government will make ministerial amendments during the next week away from partisan quotas, and will reduce the salaries of officials until the fourth degree of presidencies and ministers and members of the House of Representatives and special grades and agents up in the upper cases by half, and the application is immediate The law of parties, and re-examine the investment law in line with the Constitution.

https://www.shafaaq.com/ar/سیاسة/اعلى-سلطة-قضائية-بالعراق-تقضي-بعدم-خضوع-توزيع-المناصب-وفق-المحاصصة/

[yota691]

12-11-2019 01:35 PM

Documents .. Two lawyers filing a lawsuit against the three presidencies for violating articles in the Constitution

 

 

Baghdad / News

Lawyers Tariq al-Maamouri and Adel al-Karkhi have filed a lawsuit before the Federal Supreme Court requesting a ruling on the unconstitutionality of assigning President Barham Saleh to Prime Minister Adel Abdul Mahdi to form the current federal government.

The lawsuit also included a request to rule on the unconstitutionality of the session of the House of Representatives dated 24/10/2018, which gave confidence to the government for explicitly violating the text of article (76/1) of the Constitution.

 

 

 

 

 

[yota691]

Documents .. A lawsuit before the Federal Court to overturn the decision to assign the government and consider it a caretaker

Political | 01:08 - 12/11/2019

 

 

 

 

 

BAGHDAD -
Two Iraqi citizens filed a lawsuit with the Federal Court on Tuesday to issue a provisional order to overturn a government order to consider it a caretaker government, according to documents obtained by Mawazine News on Tuesday.

[yota691]

The judiciary is directed to tighten the procedures of importing smuggled goods to suppor t the national product

 

money and business Economy News _ Baghdad The Supreme Judicial Council on Thursday directed its courts across the country to tighten procedures for smuggling and importing foreign goods in violation of the law, in a bid to boost domestic product and labor. The Council said in a statement received by the "Economic News" a copy of it, that "the President of the Supreme Judicial Council Judge Faiq Zidan held a meeting included Messrs. support and promote the national product. "   He added that "the meeting stressed the activation of decisions concerning the prevention of foreign products that negatively affect local industrial projects and the employment of manpower."   He continued that "the meeting concluded to direct the courts to take legal action deterrent to the smuggling of imported goods, which the Council of Ministers issued a list to prevent their import." Views: 21   Date Added: 28/11/2019

[Butifldrm]

Local news

Monday 16 December 2019 | 12:42 PM

| Views: 101

The Federal Court issues a constitutional ruling on abuse of endowment properties

 

Baghdad / ... The Supreme Federal Court issued today, Monday, a constitutional ruling on the abuse of endowment properties and the amount of the reward for the resulting consequence, pointing out that the legislator singled them out provisions that differ from the rest of the properties as they relate to the rights of Sharia, belief and the rights of mercenaries in them.

The court's spokesperson, Iyas Al-Samouk, said in a statement received by "Eye of Iraq News" that "the Federal Supreme Court held its session headed by Judge Medhat Al-Mahmoud and the presence of all the member judges, and the case was heard by the plaintiff, the Speaker of Parliament, in addition to his position."

The Samuk added, "The plaintiff challenged the unconstitutionality of paragraph (2) of Article 12 of the Endowment Management Law No. (64) for the year 1966, which includes the violator of the endowment property twice the wage of the proverb, unlike the violator on other properties, other than the endowment properties."

He pointed out, "The plaintiff requested that the rule of the subject of the appeal be equated with the provision of Article (197) of the Civil Code, which includes the transgressor, other than the properties of the endowment, for a fee similar to that, and his claim was based on the provisions of Articles (14) and (16) of the Constitution." .

He explained, "The court found that the text of Article (14) of the constitution establishes the principle of equality between Iraqis before the law without regard to gender, race, nationality, origin, color, religion, sect, belief, opinion, economic or social status, and has nothing to do with On the subject of this lawsuit. "

He noted that "the court affirmed that the inequality between the occurrence of overtaking on the endowment land governed by paragraph (2) of Article (12) of the Endowment Management Law and the occurrence of overtaking on non-endowment land governed by Article (197) of the Civil Code does not require equality between financial implications Implications of both of them, regardless of the person who transgresses. "

Al-Samouk pointed out that "the Federal Supreme Court held that there should not be equality between the transgressors in this case, because the property overlooked is the one that should be considered when estimating the wage of the proverb and not the person transgressing it."

And, "The court affirmed that the property overtaken by it differs in the nature of the objectives assigned to it, as the waqf real estate in its multiple forms has its specificity stemming from the attachment to the right of Sharia and belief therein or the existence of such a right and another right that is the right of mercenaries in it, so the legislator assigned it to provisions that differ from the provisions that Other properties pertain to this, according to Article (14), which the defendant relied on in support of his case, as it is not productive in application to the subject matter of the lawsuit.

Al-Samouk stressed that “the court stressed that the plaintiff’s reliance on the provisions of Article (16) of the constitution that determines the principle of equal opportunities for Iraqis, as the other does not serve as a basis for the plaintiff’s claim,” adding that “the Federal Supreme Court stated that the plaintiff’s claim to request the ruling is unconstitutional (2) Article (12) of the Awqaf Administration Law has lost its support from the constitution.

He continued, “The court found that the plaintiff’s request to make the provision of Article (12/2) of the Awqaf Administration Law as the provision of Article (197) of the Civil Law, because this falls outside the jurisdiction of the Federal Supreme Court stipulated in Article (93) of the Constitution and Article (4) From the Federal Supreme Court Law No. (30) of 2005 ”.

A spokesman for the Federal Court concluded the statement by saying that "the Federal Supreme Court and based on the foregoing rejected the case because it was not based on a document of the constitution." End 2  

http://aynaliraqnews.com/index.php?aa=news&id22=128044

[yota691]

Federal responds to the appeal to cancel the inspectors' offices

Tuesday 17 December 2019 80

 

Baghdad / Al-Sabah

 

 

Yesterday, Tuesday, the Federal Supreme Court rejected the appeal to cancel the offices of general inspectors, noting that this came in a law issued by the House of Representatives according to its legislative options.

Court spokesman Iyas al-Samuk said, in a statement received by "Al-Sabah", a copy of him: "The Supreme Federal Court held its session headed by Judge Medhat Al-Mahmoud and the presence of all the members judges, and heard the case of the litigants, the Speaker of Parliament, in addition to his position."

He added that "the plaintiffs in the original case and the unified cases with it, have challenged the unconstitutionality of Law No. (24) of 2019, Law of Cancellation of the Deceased Coalition Provisional Authority Order No. (57) of 2004 related to the offices of general inspectors."

The Samuk asserted, "The plaintiffs mentioned two reasons for establishing their claims: The first is that the House of Representatives enacted the law subject to appeal in an extraordinary session while it was not included in its agenda in that session. As for the second reason, this law was not submitted by the executive authority, but rather from The House of Representatives, although it includes financial aspects and touches the legal status of citizens. "

He pointed out that "the plaintiffs went to the lack of a national interest in the legislation of this law, and that it differs with the orientations of the Council of Ministers in the fight against corruption."

The Samuk continued, "The defendant, the Speaker of the House of Representatives / in addition to his job, responded to them that the inclusion of a vote on the law that was the subject of the appeal was made according to Article (37 / Second) of the internal system of the House of Representatives."

He stated, "The defendant confirmed that the legislation of laws, as the Supreme Federal Court went to in the decision numbered (21 / federal / 2015) and its unified case numbered (29 / federal 2015) is not inconsistent with the constitutional texts if it was submitted by the House of Representatives itself and was The law does not affect the principle of separation of powers, nor does it entail financial burdens on the government, nor does it relate to matters of the judiciary.

Al-Samouk pointed out that “the Federal Court found from the prosecution audit and the defendant’s response that the issuance of Law No. 24 of 2019 to cancel the dissolved coalition authority order No. 57 of 2004 was not against the constitution.”

The spokesperson explained, "The court confirmed that the law in question did not affect the principle of separation of powers and did not arrange financial implications for the budget, nor did it arrange financial obligations on the government, or touches on a matter of the judiciary, and that it came a legislative option from the House of Representatives according to His authority stipulated in Article (61 / First) of the Constitution, and no objection was received from the government.

The Samuk went on, that "the Federal Supreme Court, based on the foregoing, decided to dismiss the case because it was not based on a document of the constitution."

[Butifldrm]

Iraq: The judiciary calls for the speedy completion of the investigation into the killing of demonstrators

January 06, 2020

Demonstrators carrying the Iraqi flag in Najaf

 

On Monday, the judicial authorities in Iraq called for a speedy completion of the investigation into the incidents of demonstrations that have killed hundreds of protesters.

A statement of the Supreme Judicial Council, quoting from the Iraqi News Agency, stated that "the Presidency of Public Prosecutions affiliated with the Supreme Judicial Council issued a book directing the presidents of all federal appeals courts to inform them of the outcome of the legal measures taken regarding the incidents of martyrdom and injury of demonstrators and security forces and attacks on the media."

The statement added that "directing the public prosecution was issued based on the judicial order issued by the Supreme Judicial Council to form judicial investigative bodies in each of the governorates where the demonstrations took place" since last October.

Since its inception, the protests have been extensively repressed, killing nearly 460 people and wounding about 25,000, the vast majority of them demonstrators.

The fingers point that the Iranian-backed militias, most notably the Hezbollah Brigades and the League of the Righteous, have targeted the protesters by deploying snipers and randomly opening fire on demonstrations in Baghdad and southern governorates.

Despite the recent decrease in violence, the government human rights commission revealed 68 kidnappings and losses due to the demonstrations.

In the report, the United Nations confirmed in Wednesday's report that the continued killings, kidnappings and arbitrary arrests against anti-government demonstrators by unknown groups.

Activists have been subjected to assassinations, often with bullets, with street and front attacks, and dozens of other protesters confirmed that they had been kidnapped and held for hours or days in an agricultural area near Baghdad, before being thrown onto the side of the road.

https://www.alhurra.com/a/العراق-القضاء-يدعو-إلى-سرعة-إنجاز-التحقيق-في-مقتل-المتظاهرين/528081.html

[King Bean]

2 hours ago, Butifldrm said:

Activists have been subjected to assassinations, attacks, and dozens of protesters confirmed they had been kidnapped and held for hours or days in an agricultural area near Baghdad, before being thrown onto the side of the road.

 

Yup, hundreds of your own citizens killed by Iranian backed militias in your CAPITAL CITY and the Iraq authorities turn a blind eye. But the US kills a designated terrorist, responsible for directing those militias to commit said crimes, and the whole world is up in arms.

 

Go citizen protesters. Stay the course. Dump Iran. Dump useless GOI. 

[King Bean]

5 hours ago, Butifldrm said:

Iraq: The judiciary calls for speedy completion of investigation into the killing of demonstrators

 

How dare they...….put the words "IRAQ" and "SPEEDY" in the same sentence??

 

[KDuesing]

They only do speedy when there sweeping it under the rug.

[3n1]

30 minutes ago, KDuesing said:

They only do speedy when there sweeping it under the rug.

 

........ or moving usd to offshore accounts 

[Butifldrm]

 

 

07-01-2020 12:09 PM

The Federal Supreme Court settles (172) specific cases, most of which are senior officials in the state

 

 

Baghdad / news

The Federal Supreme Court announced that it had resolved 172 constitutional cases during 2019, confirming that the rulings issued covered many areas, including the work of the House of Representatives, the validity of voting for ministers, fighting corruption, the family, children, education, and the justice system.

Court spokesman Iyas Al-Samouk said, "The Federal Supreme Court ended in 2019 with the resolution of specific and extremely important issues, and established provisions that contained principles that preserved the constitutional path of the work of the authorities."

The Samuk added, "The total of what was settled during the past year amounted to (172) constitutional issues, with a resolution rate of (76.10%), was considered in (51) sessions, and there are cases transferred over the year 2020 because most of them have been registered in the last days of Year 2019 ".

Al-Samouk noted that “most of the cases were brought before the court against state officials such as the President of the Republic, the Prime Minister, the Speaker of the Parliament, the President of the Supreme Judicial Council, ministers and governors and resolved them in accordance with the constitution. They also resolved cases related to voting on ministers in the government.” .

He stressed, "The Supreme Federal Court has made it clear in a ruling that the claim that the laws are unconstitutional is a right of every person, whether natural or moral, expressing his opinion as a right included in the constitution in Article 38 / First of it, and by all legal means, unlike the direction of some constitutional courts in The world, where the right to challenge legislation is limited to certain official addresses in the country. "

The Samuk continued, "The most important cases that were decided by the Federal Supreme Court, and through which it issued an unconstitutional ruling, were the distribution of positions in state institutions according to the quota system."

He stated, "The rulings of the Federal Supreme Court supported the oversight and legislative role of the House of Representatives, especially in the area of interrogations and the passing of laws."

He stated, "The court has heard cases to challenge the validity of the membership of many deputies, and has replaced some of them by relying on specialized experts who have submitted technical reports in accordance with the constitution, law and the electoral system."

He added, "The court maintained the parliamentary representation of women according to the (quota) stipulated in the constitution, and ruled that there is no difference in the legal status between men and women in the parliament in terms of rights and tasks."

The Spokesman stated, "The Federal Supreme Court issued rulings relating to the distribution of oil wealth, and articles in various legislations were contradicted, as they contradict the independence of the judiciary and human freedom and dignity, and paid great attention to the rights of the accused, and the fact that the right of the sacred defense, through which it emphasized the importance of the role of the lawyer in this The field as a major partner in the justice system, and in a way that allows him to exercise his constitutional and legal rights. "

And he continues, "The court has made its mark in the field of anti-corruption by issuing a ruling that the convict for the crime of honor or corruption cannot be involved in the elections, even if he is covered by an amnesty, and considered this a restriction on whoever holds public office in the state elected or appointed."

And Samok added, "The family and childhood had a share in the cases before the court, as it renewed its position regarding the right to custody and its restriction to the interests of custody regardless of the interests of the litigants."

And he added, “The Supreme Federal Court’s judiciary also examined cases related to education, and issued a verdict of fair lecturers and the necessity of calculating their service during the duration of the lectures, because that represents a fair penalty for their efforts, and the court rejected the request to cancel the allocation of lands and loans to teachers, teachers, supervisors and educational guides and considered that that It is their right, and the constitutional principles have been established regarding equality between public and private education, and the appeal has been received against a law providing funds for building schools and kindergartens. "

The Samuk continued, "The Supreme Federal Court, in its interpretative field, has interpreted important constitutional articles through rulings issued in the forefront of which are the concept of the largest number of parliamentary blocs and the concept of the opposition bloc in light of what was stated in Article (76) of the constitution, and it also interpreted Article (140)" Of the constitution as it applies. "

He continued by saying, "The Federal Supreme Court continues in its efforts to consider the cases brought before it and to issue judgments in accordance with the text and spirit, and in a manner that prevents the conduct of the dispute other than the constitution."

 

http://www.ikhnews.com/index.php?page=article&id=206471

[yota691]

In the document .. Iraqi lawyers file a lawsuit against the American embassy

Policy

08-01-2020 | 11:05

 

Source:

Alsumaria news

 

17,111 views

Alsumaria News publishes in the document that a number of Iraqi lawyers have filed a lawsuit against the US embassy in Baghdad.

The lawsuit came because of what the lawyers said, "The embassy seized a plot of land estimated at 180 dunums in an area considered to be one of the most important areas of the capital."
 

 

 

[Butifldrm]

 

Federal Court: We have not issued any decision regarding the exit or stay of foreign forces from Iraq

 

 

Baghdad / news

"The court has not issued any decision regarding the exit or stay of foreign forces from Iraq," said Ayas al-Samuk, spokesman for the Federal Supreme Court.

It is noteworthy that the House of Representatives voted on the fourth of this month a decision to remove foreign and American forces from Iraq.

http://www.ikhnews.com/index.php?page=article&id=207486

 

 

[Butifldrm]

Follow-up Monday, January 20, 2020 04:31 PM

 

For violating the constitution .. The Federal Court accepts a lawsuit filed against the President of the Republic, Barham Salih

 

 

 

The Federal Supreme Court announced the acceptance of the lawsuit submitted by the National Forum for Popular Accountability against the President of the Republic, Barham Salih.

The National Forum for Popular Accountability filed a lawsuit against the President of the Republic, Barham Salih , this Monday morning before the Federal Supreme Court against the background of his violation and breach of the constitution and his failure to assign another prime minister a substitute for the resigned prime minister within the constitutional period stipulated in Articles (76 / First) and ( 81) and (61 / D).

And one of the forum members said that this step is one of the first escalatory steps within the peaceful legal frameworks adopted by the forum in support of the legitimate demands of peaceful demonstrators in fulfillment of the blood of the martyrs and the great sacrifices made by the Iraqis in the great battle of reform after his victory in his first battle against ISIS gangs and their incubators.

https://www.thebaghdadpost.com/ar/Story/187098/لخرقه-الدستور-المحكمة-الاتحادية-تقبل-دعوى-مقدمة-ضد-رئيس-الجمهورية-برهم-صالح