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Supreme Court Ruled, Federation Council is The Council of Union


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https://www.jurist.org/news/2018/01/iraq-supreme-court-federal-council-to-be-established/

Iraq Supreme Court: Federal Council to be established
Iraq Supreme Court: Federal Council to be established
JANUARY 18, 2018 03:26:34 PM
 

Iraq’s Federal Supreme Court decided [press release, in Arabic] Wednesday to establish the Council of the Union, or the Federal Council, which will oversee provisions passed by parliament.

The need for the council is stated in article 48 of the constitution [official text], but has not been established in the 13 years since the new government was implemented.

The move is thought to complete Iraq’s law making authority, since before there was only one council of legislation. There may have been some delay in the move, because the Council of Representatives was to vote on the formation of the council as per article 65 and 147 of the constitution, but it failed to implement the overseeing council.

The ruling comes after the Supreme Court received some backlash [Kurdistan 24 report] for not establishing the council after the ruling on the Kurdistan Referendum [JURIST report]

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7 minutes ago, Wheelman said:

https://www.jurist.org/news/2018/01/iraq-supreme-court-federal-council-to-be-established/

Iraq Supreme Court: Federal Council to be established
Iraq Supreme Court: Federal Council to be established
JANUARY 18, 2018 03:26:34 PM
 

Iraq’s Federal Supreme Court decided [press release, in Arabic] Wednesday to establish the Council of the Union, or the Federal Council, which will oversee provisions passed by parliament.

The need for the council is stated in article 48 of the constitution [official text], but has not been established in the 13 years since the new government was implemented.

The move is thought to complete Iraq’s law making authority, since before there was only one council of legislation. There may have been some delay in the move, because the Council of Representatives was to vote on the formation of the council as per article 65 and 147 of the constitution, but it failed to implement the overseeing council.

The ruling comes after the Supreme Court received some backlash [Kurdistan 24 report] for not establishing the council after the ruling on the Kurdistan Referendum [JURIST report]



The Federal Supreme Court rejects the appeal to form a constitutional amendment committee

The Federal Supreme Court confirms the completion of the components of the legislative authority by forming the Federation Council 

The Federal Supreme Court affirmed the need to complete the components of the legislative authority by forming the Federation Council, pointing out that the constitution requires the enactment of a law for it.

Spokesman Iyas Al-Samuk said, "With the current parliamentary session nearing its end, it is worth noting a ruling issued by the Federal Supreme Court with the number (72 / federal) issued in 2012 regarding the completion of the legislative authority components by issuing the Federation Council law."

Al-Samuk added, "The ruling came after a request from the House of Representatives to interpret Articles (65) and (137) of the Constitution related to the Federation Council."

He pointed out that "the ruling confirmed that these two articles complement each other by issuing a law that includes the establishment of the Federation Council and regulates its composition, conditions for membership in it, its terms of reference and everything related to it."

He pointed out that, according to the Federal Supreme Court, "it is necessary to precede the preparation and preparation stage of the importance of this parliament, which constitutes the other wing of the legislative authority after the House of Representatives formed its first wing as its provisions were contained in the body of the constitution, and this was what was required for the Federation Council."

He continued, "The ruling issued by the court stressed the importance of the law meeting the formal and objective requirements and the level of clarity and accuracy that prevent conflicting jurisprudence, so it is necessary for the House of Representatives to issue a decision (statement) indicating directing the House of Representatives to legislate a law to the Federation Council to complete the two branches of the legislative authority mentioned above. In Article (48) of the Constitution, which states (The legislative authority shall consist of the Council of Representatives and the Federal Council).

Al-Samuk explained that "the Federal Supreme Court has affirmed that the establishment of the Federation Council shall be by law in accordance with the provisions of Article (137) of the Constitution, with a two-thirds majority and according to the quorum stipulated in the constitution."

He stated that the spokesman stated that "the House of Representatives in its decision, according to the interpretation of the Federal Supreme Court, should invite the executive and judicial authorities, organizations and those concerned to prepare ideas and perceptions related to the Federation Council in all its dimensions and goals, in light of what was stated in the basic principles of the constitution and the experiences of countries in this field." .

Al-Samuk indicated that "the court's decision stressed the need to collect those ideas, perceptions and formulas to formulate the provisions of the law in accordance with the legislative contexts of the State Council, and then the draft is returned to be discussed in the House of Representatives and enacted by a two-thirds majority of the Council members

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11 minutes ago, Wheelman said:


Hi Wheelman - I See That U Had Also Added This Older Article From 2018 To An Already Existing Thread Referenced At The Top Of The Post ! ;) 

 

 

Just A ‘Suggestion’ Not To Start A New Thread With Older Articles So As Not To Confuse The Peeps ! :blink: 

 

:D  :D  :D 

 

 

I Also See That U’ve Been Making A Lot Of News Contributions Here Lately - And So I Both Strongly Encourage As Well As Hope That U Continue To Do So ! B) 

 

:lmao:  :lmao:  
 

 

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6 minutes ago, DinarThug said:

 


Hi Wheelman - I See That U Had Also Added This Older Article From 2018 To An Already Existing Thread Referenced At The Top Of The Post ! ;) 

 

 

Just A ‘Suggestion’ Not To Start A New Thread With Older Articles So As Not To Confuse The Peeps ! :blink: 

 

:D  :D  :D 

 

 

I Also See That U’ve Been Making A Lot Of News Contributions Here Lately - And So I Both Strongly Encourage As Well As Hope That U Continue To Do So ! B) 

 

:lmao:  :lmao:  
 

 

@DinarThug I will make the necessary correction. Thanks for the feedback.

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The controversy of the Federal Law returns to the scene

 
Baghdad: Muhannad Abdul-Wahhab
 
Returning to the parliamentary and political arenas; Controversy and strife over the Federal Court Law, this law that specialists consider as the "backbone" of all Iraqi laws, despite the existence of two draft laws, one of which is submitted by the Presidency of the Republic; However, the points of disagreement appear similar and intertwined as well, and they relate to the mechanism for selecting and voting for the members of the court, the role of jurists in it, and some other details.
And as soon as agreement was reached "semi-final" and "after the one and the next" on the electoral districts file in the election law in the Saturday parliamentary session; Until the Federal Court’s controversial law dawned its head, however, the Parliamentary Legal Committee announced that it had reached "common points" regarding amending the law.
A member of the committee, Diamond Fadel, said: “The committee is waiting for the proposals of the political blocs to proceed with reading the law as a second reading.” She added, “The Federal Court Law is the backbone of all Iraqi laws as it is responsible for constitutional problems, interpretation of laws, ratification of election results, and decision-making on the constitutionality of laws and their procedures. Legislative ».The Deputy Speaker of Parliament, Bashir Al-Haddad, revealed two draft laws ready for voting in Parliament regarding the amendment of the Federal Supreme Court Law, the first sent by the government in previous sessions and includes (24) articles, and it contains some points of contention, especially in Articles (2) and (12) Concerning the mechanism for selecting members of the Federal Court, voting and quorum, and the second is a draft amendment to Law No. (30) of 2005 submitted by the Presidency of the Republic, which aims to address the imbalance of the court's quorum, and it is proposed to select members of the Federal Court from the Supreme Judicial Council, in coordination with the District Judicial Council Kurdistan.
In turn, a member of the Legal Committee, Salim Hamza, told Al-Sabah: “The Federal Court’s law is very important, and it is the main law and the backbone of legal applications.
Hamza stated that “the law was enacted during the era of former Prime Minister Iyad Allawi, who had the power of legislative and executive powers at the same time, and the law remained related to approving the constitution in Articles 92 and 93, which obligate the formation of the new court’s law within its framework.” He added, “We need to The legislation of the new law. ”A member of the Legal Committee indicated that“ differences still exist over the law, including the number of jurists and the quorum, and these are the most prominent differences between political blocs, ”stressing that“ all laws - the first of which is the election law - are dependent on the approval of the Federal Court law, so interpretations and quorum All appeals are constitutionally dependent on the opinion of the Federal Court, ”noting that“ delaying the passage of the Federal Court’s law, in turn, will delay the election law, due to the need for the court to ratify the results and the appeals that accompany them, and so on. ”
The deputy of the Sadikoun bloc, Naim Al-Aboudi, and its spokesman, confirmed that «Parliament will work during the coming sessions to complete the Federal Court law», adding that, «the Independent High Electoral Commission, it can now work to complete the election procedures, because it was suspended in the form of electoral districts. .
As for the member of the Parliamentary Legal Committee, Hussein Al-Oqabi, he demanded to expedite the amendment of the Federal Court Law based on the text of Article 92 of the Constitution, warning against disrupting constitutional institutions for a longer time due to the imbalance of the quorum for the members of the court.
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Judicial cooperation between Baghdad and Washington

 
Baghdad: Morning
 
 
Yesterday, Tuesday, talks were held between the Iraqi and American sides to activate judicial cooperation by completing investigations of the defendants' cases between the two countries. The talks were conducted on the Iraqi side by the head of the Supreme Judicial Council, Faiq Zaidan, and on the American side, the US ambassador in Baghdad, Matthew Toller.
The Judicial Council’s statement made it clear: Zaidan discussed with Toller the frameworks for cooperation between the Iraqi judiciary and the American investigation authorities in completing the investigation in cases involving accused persons from Iraq and America.
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