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Parliament holds its session headed by Al-Halbousi


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05-09-2020 01:49 PM
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Baghdad / Al-Akhbariya

The House of Representatives held its session a short while ago, headed by Muhammad al-Halbousi.

A statement from the Parliament's Media Office stated that “Parliament Speaker Muhammad al-Halbousi opened the proceedings of the session No. (1) of the fourth parliamentary session, the third legislative year, the first legislative term.”

He explained that "the number of attendees reached 169 deputies."

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The House of Representatives held its session a short while ago, headed by Muhammad al-Halbousi.

A statement from the Media Office of Parliament stated that “Parliament Speaker Muhammad al-Halbousi opened the proceedings of session No. (1) of the fourth parliamentary session, the third legislative year, the first legislative term.”

He explained that "the number of attendees reached 169 deputies."

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September 5, 2020
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And brother of Baghdad

The Parliamentary Legal Committee held a closed meeting today, Saturday, to discuss the final report of the multi-district distribution appendix in the election law, and the Federal Court bill.

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Alsumaria News publishes a draft proposal to amend the Federal Court Law, sent to the House of Representatives by the Bar Association.

Earlier today, Saturday, the House of Representatives held its first regular session of the first legislative term for the third legislative year, headed by Muhammad al-Halbousi and attended by 169 deputies.

Below is the text of the draft:
 
 
 
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05-09-2020 02:24 PM
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Baghdad / Al-Akhbariya

Today, Saturday, the Legal Committee clarified that there are several matters currently being discussed, indicating that if an understanding is reached, today's session will be held and the law will pass.

A member of the committee, Hussein Al-Uqabi, told Al-Ikhbariya that the committee is currently in a final meeting to agree on the recent amendments to the Parliamentary Elections Law.

He added, "The distribution of electoral districts, the use of the biometric system, and setting the date for the elections are the main points that are currently being discussed within the commission."

Al-Uqabi pointed out that "in the event that an agreement is reached on the distribution of the electoral districts and the date is set, a session will be held today and what was agreed upon will be passed and other steps towards the elections will be taken."

It is noteworthy that the most important obstacles currently facing the early elections set by the Prime Minister on June 6, 2021 are voting on the new election law, as well as the amendment to the Federal Court law, as well as logistical matters.

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Agreeing to direct a parliamentary question to the Ministers of Finance and Planning about the reform program

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Baghdad / NINA / The Presidency of the House of Representatives agreed to the request of Representative Muhammad Sahib Al-Darraji to direct an oral question to the Ministers of Finance and Planning, to answer the reasons for the failure to reach the reform paper stipulated in the recent lending law, provided that they are answered in a session on Tuesday or next Thursday.
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05-09-2020 02:43 PM
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Baghdad / Al-Akhbariya

Today, Saturday, the President of the Republic, Barham Salih, welcomed the start of the new legislative term for Parliament, calling for discussion and approval of important draft laws.

Saleh said in a statement that "the current stage faces several challenges and requires moving forward towards the approval of important draft laws, most notably the completion of the election law legislation to ensure its integrity and restore confidence in the electoral process."

The president stressed "the importance of the legislative institution's role in meeting the citizens' living, security and health requirements, and ways to limit the epidemic and economic repercussions of the Corona pandemic in the country."

 
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The President of the Republic calls on Parliament to complete the legislation of the election law
  
(Baghdad: Al Furat News) The President of the Republic, Barham Salih, called today, Saturday, the parliament to discuss and approve important draft laws.

In an interview reported by the Presidency’s Media Office, the President of the Republic said, "The current stage faces many challenges and requires moving forward towards approving important draft laws, most notably the completion of the election law legislation to ensure its integrity and restore confidence in the electoral process."

The president stressed "the importance of the legislative institution's role in meeting the citizens' living, security and health requirements, and ways to limit the epidemic and economic repercussions of the Corona pandemic in the country."

Mohammed

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Al-Halbousi: I call on everyone to assume responsibility to complete the law and proceed with early elections
(Baghdad: Al Furat News) Speaker of Parliament Muhammad Al-Halbousi called today, Saturday, the heads of political forces to hold intensive meetings in the presence of the Presidency of the Council and the Legal Committee regarding the various departments of the Iraqi Parliament elections law, provided that the results of the meetings will be presented to the representatives on Thursday.

Al-Halbousi said during the session: "I call on everyone to shoulder their responsibilities by completing the law and proceeding with early elections."

Mohammed

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05-09-2020 03:04 PM
 
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Baghdad / Al-Akhbariya

Today, Saturday, Parliament Speaker Muhammad al-Halbousi called on the heads of the political forces to hold intensive meetings in the presence of the Presidency of the Council and the Legal Committee regarding the various departments of the Parliament election law, provided that the results of the meetings will be presented to the representatives on Thursday.

Al-Halbousi said during the session: "I call on everyone to shoulder their responsibilities by completing the law and proceeding with early elections."

 
 
 

 

 

 

 
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After all this time off, I STILL didn't see any reference to the Oil and Gas Law which they reported (way earlier this year) would be addressed in the 'coming session'. Guess this wasn't THAT session. Hope they do SOMETHING before the next vacation, the cafeteria runs out of camel burger or the air conditioning breaks.

                                                                                               

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  •  Time: 09/05/2020 15:40:53
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The parliament ends the first reading of the cabinet and ministries bill
  
{Baghdad: Al Furat News} The House of Representatives ended, during today's session, Saturday, the first reading of the cabinet and ministries bill.

In a brief statement received by Al Furat News, the council stated that it had "completed the first reading of the cabinet and ministries bill."

Mohammed

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05-09-2020 03:40 PM
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Baghdad / Al-Akhbariya

The House of Representatives, during its session now held, ended the first reading of the cabinet and ministries bill.

This came according to a brief statement by the Media Department of the House of Representatives.

 

 

 

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Parliament discusses completion of the election law and its constituencies and ends reading three laws {extended}
  
(Baghdad: Al Furat News) The House of Representatives discussed in its first session of the fourth parliamentary session of the third legislative year of the first legislative term, which was held under the chairmanship of Muhammad al-Halbousi, Speaker of the Council, today, Saturday, in the presence of 210 deputies, The report of the Legal Committee on the multiple constituencies of the House of Representatives election law, which ended the reading and discussion of three laws.

At the beginning of the session, according to the statement of the Council's media department, MP Riyad Al-Masoudi read a statement marking the commemoration of the tenth of Muharram Al-Haram with the martyrdom of Imam Hussein (peace be upon him) in the painful incident of Taf, calling for inspiration for the lessons and values for which Imam Hussein and his companions sacrificed to be a beacon For the march of life, in particular in achieving the required reform.

The President of the Council expressed his regret over the health situation of the outbreak of the Corona epidemic in Iraq and the world, calling on the Council to read Surat Al-Fatiha as a mercy for the citizens who died as a result of infection with the Corona virus, including the late Representative Dr. Ghaida Kampash.

In turn, the Higher Education and Scientific Research Committee read a statement commemorating the death of Representative Ghaida Kampash, Chairman of the Higher Education Committee, recalling her active and distinguished role in performing her duties with her fellow deputies, calling on the government to make more efforts to provide the appropriate environment to treat people with the Corona epidemic.

Al-Halbousi announced the approval of the Presidency of the Council to the request made by the Representative Muhammad Sahib Al-Darraji to direct an oral question in accordance with the constitution to the Ministers of Finance and Planning to answer the failure of the reforms stipulated in the domestic and foreign lending law, directing the General Secretariat of the Council of Representatives to address the Council of Ministers to inform the two ministers of the need to attend to Parliament session to answer the question directed to them.

In another matter, the Legal Committee presented its report on the multiple constituencies of the Iraqi Council of Representatives election law, explaining that it had held multiple meetings and hearings with the Independent High Electoral Commission and the government and with representatives of the United Nations, specialized international organizations, civil society organizations, and heads of political blocs regarding the mechanism for dividing multiple constituencies.

The Parliamentary Committee indicated that it addressed the political blocs to clarify its vision about the mechanism for distributing electoral districts, indicating that the answer was received only from the Sairun Parliamentary Bloc, proposing intensified efforts by the political blocs to reach the mechanism for distributing electoral districts in all governorates in order to complete the organization of the schedule of the supplement As stipulated in Article 15 / VI.

Representatives' interventions emphasized the need for political blocs to resolve their positions by presenting their vision and then agreeing on a unified standard that would be applicable to complete the electoral districts ’schedule in terms of their number and the mechanism for their distribution, while the call was to grant specificities to some regions without prejudice to the agreed standard, in addition to setting a deadline. To hold the next elections, and to ask the government to provide an appropriate environment for the normal conduct of elections in all governorates in order to facilitate the voting process and increase voter participation.

 For his part, Al-Halbousi noted that the House of Representatives voted on the law in the form of multiple departments after taking the opinion of the political forces, pointing out that the parliament was not authorized to amend the law until after voting on it was completed and then published in the official gazette, calling on everyone to assume their responsibilities and intensify the political blocs for their meetings to begin with From tomorrow, in the presence of the Presidency of the Council, the Chairman and the Deputy of the Legal Committee, to complete the law and present the results as soon as possible to proceed with the holding of early elections.

The Council ended the first reading of the draft law amending the Federal Supreme Court Law No. (30) of 2005 submitted by the Legal Committee for the issuance of the Federal Supreme Court’s decision regarding the unconstitutionality of Article (3) of the Federal Supreme Court Law No. (30) of 2005 in order to address the deficiency in the formation of the court. The Federal Reserve as a result of the retirement of some of its members and the designation of the reserve members of the court.

The Council completed the first reading of the draft law of the Council of Ministers and Ministries submitted by the Legal Committee in order to take into account the change in the constitutional and administrative system of the state and to regulate the powers of the Council of Ministers in line with the provisions of the constitution and to establish a unified legal framework to regulate the work of ministries and agencies not associated with a ministry and to define conditions for appointment in special ranks.

In the same regard, the Council completed during the session, part of which was chaired by Bashir Haddad, Deputy Chairman of the Council, reading a report and discussing the first amendment law to the Public Prosecution Law No. (49) of 2017 submitted by the Legal Committee.

For his part, the representative of the government in the House of Representatives demanded to be patient in conducting the amendment of the law until the government’s opinion is stated, especially after it has taken on board the opinion of the Supreme Judicial Council.

The Council requested reading the report and discussion of the proposed law on equivalence of degrees and academic degrees submitted by the legal, higher education and scientific research committees to the next sessions.

Regarding public discussions related to citizens' needs, a number of MPs expressed their support for the government's measures to impose the rule of law without its security operations becoming harassment of the movement of people in the streets, and the demand for clarification of the study mechanism for the next academic year, setting the dates for the second round exams for the ending classes, and calling for the President The government to abide by its promises to improve the health situation in Iraq with the outbreak of the Corona pandemic and the return of those whose contracts have been avoided by the members of the Popular Mobilization Forces, as well as praising the government's decision to fight corruption and its demand for financial reform by developing strategic plans in various fields to supplement the state budget with revenues, and the commitment to pay the salaries of employees, especially employees The departments of passports and nationality in the Kurdistan region, activating the Federal Service Council to ensure the fair distribution of job grades among the beneficiaries, and calling for the development of oil projects located within the North Oil Company and building a refinery in the Kirkuk governorate and treating abuses therein, as well asDemand that attention be given in Basra Governorate in the sectors of environment, health and border crossings.

For his part, Bashir Haddad stressed the need to intensify parliamentary efforts to proceed with the completion of the enactment of laws, especially the projects and proposals that the parliamentary committees initiated in the stages of their legislation, in addition to directing the General Secretariat of the Council to inventory the official correspondences by the ladies and gentlemen of representatives and committees and sent to state institutions to indicate knowledge of their answers or not To take the right of the lagging departments and ministries.

After that, it was decided to adjourn the session to next Monday 7/9/2020

Mohammed

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Parliamentary law reveals the importance of legislating the Federal Court law
  
{Al Furat News: Baghdad} The Head of the Legal Committee in the House of Representatives, Rebwar Hadi, revealed today, Saturday, the importance of legislating the Federal Court Law.

Hadi confirmed in a statement that the Al Furat News Agency received a copy of it, "The legal basis for the existence of the Federal Supreme Court in Iraq is Law No. (30) of 2005, as the first article of it stipulates the establishment of a Federal Supreme Court, whose headquarters will be in Baghdad and exercise its functions. Independently, there is no authority over it except for the law.

He stated, “The constitutional document for the continuation of its duties is the provision of Article 130 of the Constitution of the Republic of Iraq of 2005, which states that (Legislation in force shall remain in force, unless repealed or amended in accordance with the provisions of this constitution). That is, the above constitutional text granted Legitimacy for the current Federal Supreme Court to continue its work until a new law is issued in the House of Representatives by a two-thirds majority of the members of the House of Representatives, according to Article 92 of the Constitution.

He pointed out, "The enforceable Iraqi constitution dealt with the legislative mechanism, the terms of reference, the formation of the Federal Supreme Court, and the authority of its decisions, in Articles (92, 93, 94, 52 / Second) thereof.

 

He said, "The Federal Supreme Court is one of the main components of the federal judicial authority, and this court is the highest judicial body in Iraq in terms of jurisdiction, whether it is qualitative or spatial competencies."

On the level of qualitative competencies; The Federal Supreme Court has a major role in the principle of the rule of law, and it is responsible for preserving the principles and provisions of the constitution, especially those related to human rights and public freedoms, and this by monitoring the constitutionality of laws and regulations in force.

The Federal Supreme Court is also responsible for interpreting the provisions of the constitution, as well as settling disputes that arise between the federal government and the governments of the regions or governorates that are not organized in a region. 

 

It also has the competence to approve the final results of the general elections for membership in the House of Representatives.

As for spatial jurisdiction, it extends to all Iraqi borders, including the Kurdistan Region, and all governorates that are not organized in a region. 

Noting that the jurisdiction of the Federal Supreme Court, some of which we mentioned earlier, was mentioned in Articles (93 and 52 / Second) of the Constitution, in addition to other specializations mentioned in the laws in force, such as what is included in the Law on the Provisions for Candidacy for the Post of President of the Republic, and the Irregular Provincial Councils Law. In the province, the political parties law.

These constitutional and legal competencies, to which we referred earlier, are evidence of the importance of this court and its role in the stability of the country, and a guarantee for the proper implementation of the constitution and protection of the democratic process in the country.

  By studying these jurisdictions, we see the danger of disrupting the Federal Supreme Court, and the extent of its impact on the country's stability.

 And that the reason for the suspension of the Federal Court is due to a deficiency in the Federal Supreme Court Law itself, which Article (5) stipulates that (the court meeting is not valid without the presence of all its members).

And since the Federal Supreme Court currently has a shortage in its number, after the senior judge Farouk Al-Sami was referred to retirement, it has become suspended and cannot be held without completing its number.  

And the only way to appoint the members of the court was what was stipulated in Article (3) of Law No. (30) of 2005 referred to above, which the Federal Supreme Court ruled in accordance with its decision (38/2019) that it was unconstitutional, and then the appointment of the president and members of the Federal Court became Supreme Council outside the jurisdiction of the Supreme Judicial Council.

As a result, we are legally facing a vacuum or a deficiency in the mechanism for appointing members of the Federal Supreme Court, and we must address this legal vacuum.

 The only constitutional way to address the deficiency that we have indicated is to legislate the Federal Supreme Court law according to the mechanism set in the Iraqi constitution stipulated in Article 92 of it, noting that this article imposed the enactment of the Federal Supreme Court by a two-thirds majority of the members of Parliament to ensure the approval of representatives of the components of the people In order for the Iraqi majority not to impose its opinion, this is an exception to what is issued by the House of Representatives in other parts of the constitution, which is by simple or absolute majority of the number of members, and this specificity of the law comes as a sense from the constitutional legislator of the importance and role of the Federal Supreme Court.

 This mechanism for legislating the law of the Federal Supreme Court, not only includes the enactment of a new law, but also includes the enactment of any amendment to the law in force, as it should be by a two-thirds majority, especially since Article (130) of the Constitution, which talked about the constitutional extension of previous laws, mentioned The amendment should come in accordance with the provisions of this constitution, and since Article 92 of the Constitution requires the approval of two-thirds of the members, it includes new legislation and amendment.

From this standpoint, any attempt to amend the Federal Supreme Court Law No. 30 of 2005 without relying on the correct constitutional mechanisms will be unconstitutional and contrary to the will of the people who voted on the constitution. 

Recalling that the members of the House of Representatives and the Legal Committee discussed the draft law of the Federal Supreme Court in detail, and the first reading was read, and an integrated report was prepared regarding it, and lengthy discussions were completed about it between the representatives, and all technical and legal procedures and legislative contexts were completed, and we reached an advanced stage and did not There are only three points of contention that need consensus between the political blocs.  

But what is surprising about this issue is that the Presidency of the Republic sent a project to the House of Representatives that includes amending the Federal Supreme Court’s law, without having information about the existence of a draft law on the Federal Supreme Court, sent by the Presidency of the Council of Ministers, and this is evidence of the lack of coordination between the components of the executive authority, It also constitutes confusion and marginalization of the work of the State Council, contrary to what is stated in Article 101 of the Iraqi constitution, which stipulates that (it is permissible by law to establish a Council of State to specialize in the functions of the administrative judiciary, ifta, and drafting ........) and is contrary to the terms of reference. Referred to in State Council Law No. (71) of 2017, in addition to its violation of Article 92 of the Iraqi Constitution, which includes the mechanism for enacting the Federal Supreme Court Law, which we discussed earlier.

For the reasons mentioned, the Legal Committee decided unanimously, in its meeting held on 5/3/2020, to return the draft amendment to Law No. 30 of 2005 to the sender.

Hazem 

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