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Al-Halbousi: Present the budget to a vote soon, and we are proceeding with the legislation of the oil and gas law


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After voting on 9 articles of the First Amendment to the Federal Court Law, Parliament adjourns its session

 

 

471 Policy 2021/03/16 02:59 Baghdad Today -

Baghdad The House of Representatives raised its session to 6:00 pm on Tuesday, after voting on 9 articles of the First Amendment to the Federal Court Law. A parliamentary source revealed, "The Iraqi Council of Representatives postponed the vote on the entirety of the first amendment to the Federal Supreme Court Law for a session this evening in order to complete the political forces' dialogues." He added, "The council will either proceed to vote on the amendment or vote on the new Federal Supreme Court law after resolving the disputes over the remaining paragraphs." Earlier, the Information Department of the House of Representatives announced, on Tuesday, the resumption of the parliament session by voting on the articles of amending the Federal Court Law. The department said in a statement, "The Council now resumes its session by voting on the articles of the First Amendment Law (Order No. 30 of 2005) of the Federal Supreme Court Law." He added, "The number of attendees is 198 deputies." She indicated that "the council voted on the first, second, third and fourth articles, and two new articles of the First Amendment Law, the Federal Supreme Court Law." She pointed out that "the Council voted on (a new article) of the First Amendment Law, the Federal Supreme Court Law (preserves in the composition of the court the constitutional balance between the components of the Iraqi people)." And voted on a (new article) of the First Amendment Law to the Federal Supreme Court Law: (The court has a general secretary who has experience in law of no less than 10 years and has the rank of deputy minister and his powers). He also voted on the (compelling reasons) of the First Amendment Law (Order No. 30 of 2005 AD) of the Federal Supreme Court Law.

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FEDERAL SUPREME COURT DECISIONS

The Federal Supreme Court is a Constitutional Court originally established under Article 44 of the Transitional Administrative Law (TAL) and Law No. 30 of 2005, an order of the Transitional Government made under the TAL. The TAL, which had been signed on 8 March 2004 by the Iraqi Governing Council, came into effect on 28 June 2004 and remained in place until the 2005 Constitution came into effect. The Court is now firmly established under Articles 92 to 94 of the 2005 Constitution.
Article 92 (Second) of the 2005 Constitution states that:

The Federal Supreme Court shall be made up of a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number, the method of their selection, and the work of the Court shall be determined by a law enacted by a two-thirds majority of the members of the Council of Representatives.

However no such law has yet been enacted and the experts in Islamic Jurisprudence and Legal Scholars have not yet been incorporated into the operation of the court.

At present, there are 9 members of the Federal Supreme Court. The court issued rules of procedure in 2005 which were published in the Official Gazette issue 3997 of 2 May 2005.
Article 93 of the Constitution sets out the jurisdiction of the Federal Supreme Court as follows:

First: Overseeing the constitutionality of laws and regulations in effect.
Second: Interpreting the provisions of the Constitution.
Third: Settling matters that arise from the application of the federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law shall guarantee the right of direct appeal to the Court to the Council of Ministers, those concerned individuals, and others.
Fourth: Settling disputes that arise between the federal government and the governments of the regions and governorates, municipalities, and local administrations.
Fifth: Settling disputes that arise between the governments of the regions and governments of the governorates.
Sixth: Settling accusations directed against the President, the Prime Minister and the Ministers, and this shall be regulated by law.
Seventh: Ratifying the final results of the general elections for membership in the Council of Representatives.
Eight:
A. Settling competency disputes between the federal judiciary and the judicial institutions of the regions and governorates that are not organized in a region.
B. Settling competency disputes between judicial institutions of the regions or governorates that are not organized in a region.

 

 

Further analysis of the federal judiciary in general and the Federal Supreme Court in particular can be found on the judicial independence page of this site.
The Federal Supreme Court website records: Decisions and Judgments; Opinions relating to constitutional interpretation; and Appeal Judgements from the Administrative Court Function of the Shura Council.

Note that the Federal Supreme Court is the second Constitutional Court to have been established in Iraq. Law No. 159 of 1968 established a Supreme Constitutional Court not long after the Ba’athist takeover of the government. It operated for a short period but we do not have any of its decisions.

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Al-Masoudi: Today's session will settle the controversy over the Federal Court

March 16, 2021

Al-Masoudi: Today's session will settle the controversy over the Federal Court

 

The MP for the Alliance of Saeroun Riyadh Al-Masoudi expected that the session of the House of Representatives for this day, Tuesday, will resolve the debate on the Federal Court law.


Al-Masoudi said in an interview with the Al-Muntas news bulletin on the "Alsumaria" screen that if the parliament did not get a two-thirds vote from its members to legislate the Federal Court law, then the vote will be made to amend the previous law instead of enacting a new law. Today, Tuesday, deciding on the Federal Court’s law, whether to amend the current law or enact a new law through the numerical majority or side understandings between the political blocs.


With regard to the budget, Al-Masoudi stressed that the parliament needs a special or exceptional session to vote on it, especially as it includes more than seventy paragraphs in its clauses, in addition to the presence of controversial points that have not been discussed, including the export of oil through the Kurdistan region, job grades, the exchange rate of the Iraqi dinar against the dollar, and development allocations. The regions and calculating the price of a barrel of oil within the budget.


Al-Masoudi pointed out that the political forces have not resolved the debate on these contentious paragraphs.

 

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 2021-03-16 06:12
 

Shafaq News / The Minister of Planning in the Kurdistan Region, Dara Rashid, expressed on Tuesday his optimism that the federal budget for 2021 will be approved, including the region's share during the upcoming sessions of the Iraqi Parliament and after the completion of the approval of the draft law of the Federal Supreme Court.

Rashid said in a press conference held in the Parliament of Kurdistan and attended by the correspondent of Shafaq News Agency, that the draft Federal Court law caused the postponement of the budget bill being included in the agenda of the Iraqi Council of Representatives, adding that the Federal Court law has cut good stages for its approval, and then the budget vote will start.

He pointed out that there are no points of contention between Erbil and Baghdad over the draft budget law, and we in the regional government are committed to the text contained in the draft law sent by the federal government.

The minister added, "Of course, any bill when it reaches Parliament undergoes changes, but we do not see that there are major differences between us and the Iraqi political parties and blocs over the budget, and we hope that we will skip this issue in the coming sessions because approving the budget is in the interest of Iraq in general and in the region." Kurdistan in particular.

Regarding the region’s budget for the current year, the Minister of Planning said that “the draft budget law for Kurdistan is ready, but one of its paragraphs includes the region’s share in the federal budget in relation to the operational and investment budget and the amount of money that the region will receive, stressing that the issue of determining the price of selling the region’s oil in its budget is linked to what Parliament will decide it in the federal budget.

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Shiites and Sunnis are mobilizing their representatives to pass a law separate from the Kurds

March 16, 2021

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Shafaq News / A parliamentary source revealed, on Tuesday, that Shiite and Sunni political blocs had mobilized their deputies in Parliament to pass the remaining provisions of the Federal Court Law separately from the Kurds.


The source told Shafaq News Agency, "There is a tendency among the Shiite and Sunni political forces to mobilize their deputies and vote on the Federal Court law independently of the Kurdish forces."


He added, "The directive includes two options; the first is to pass the remaining articles of the Federal Court Law if the number of representatives present becomes up to 220 deputies, that is, if the two-thirds quorum required to pass the law is completed."


And the source added, "If the two-thirds quorum is not complete, the Shiite and Sunni political forces will go to vote on the amendment of the Federal Court law, which is in force by simple majority without the need for the presence of 220 out of 329 deputies."


Parliament had voted to pass articles of the Federal Court Act, with the exception of Articles 2, 3 and 12, due to deep disagreements regarding them.


The Kurds, along with minorities, object to giving the right to vote for Islamic law jurists in the Federal Court, and demands that they be granted consultative power only.
 

Shiite and Sunni blocs are pushing for voting in the court council to be by a majority, but the Kurds want the vote to be unanimous.

 

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Expert: Amending the Federal Court Law circumvents the constitution and the necessity of other new legislation
  
{Policy: Al-Furat News} The legal expert, Mossadegh Adel, considered the tendency to amend the Federal Supreme Court's law "to circumvent the constitution," while stressing the need for other new legislation.
 

Adel said {for the Euphrates News} that "the House of Representatives arrived by voting on the Federal Court law to Article 21 out of 24 articles. Therefore, only 3 articles remain."
He pointed out, "the lack of support for parliament going to amend Legislative Order No. 30 of 2005, as it was issued based on Article 44 of the law for the administration of the Iraqi state for the annulled transitional period. Therefore, he should go to vote on a new draft law that includes the tripartite formation, who are (judges, experts in Islamic jurisprudence, and jurists) Law} and a majority of 219 deputies.
Adel explained, "The amendment of the old law is considered a fraud to Article 92 of the constitution. It is even further that the Federal Court, in one of its 2007 decisions, said that the majority of 82 deputies, is it reasonable that the Constitution Protection Court needs 83 representatives in order to pass it?"
  He also stressed the need for Parliament to legislate a new law for the court and not amend the old law.
Concerning the contentious issues of the law, Adel said, "Two controversial issues have been solved, of which, regarding the number of experts in Islamic jurisprudence and legal scholars, but the quorum issue remained unresolved, and the Kurds require a meeting with all its members. It
was agreed to delete the issue of the veto granted to experts of Islamic jurisprudence regarding The foundations of the rulings of Islam are therefore all issues related to the jurisdiction of the Federal Court in which the members are equal before the law. "  
The legal expert concluded by saying, "The majority needed for the issuance of the decision remains, as if the first direction goes by agreement and consensus, and the second vision says by the majority, and this is the only problem that the parliamentary blocs have not resolved yet."
For his part, a member of the Parliamentary Legal Committee, Youssef Al-Kalabi, revealed that the Patriotic Union of Kurdistan supports the Federal Supreme Court law. 
"Officially the Patriotic Union of Kurdistan is with us to vote on the Federal Court law," Al-Kalabi told Al-Furat News.
He added, "If the presence of two-thirds of the number of members of the House of Representatives is achieved, the vote will be in favor of the new law of the Federal Court, otherwise we will proceed to amend the law enforcing the First Amendment Law {Order No. 30 of 2005} Law of the Federal Supreme Court."
It is scheduled that the House of Representatives will hold an evening session today, Tuesday, in which the vote will either be on the whole new law of the Federal Supreme Court or on the amendment of the law in force.
After midnight last night, the Council held a regular session in which it voted on the articles of the First Amendment Law (Ordinance No. 30 of 2005) the Federal Supreme Court Law, and created two new articles in it: {The court has a general secretary with no less than 10 years of experience in the law and has the rank of attorney the minister and his powers}, and {in the composition of the court preserves the constitutional balance between the components of the Iraqi people}. "
Wafa Fatlawi

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Support: Democrat’s conditions are impossible and he wants to make a “veto” for him in the Federal Court
  
{Policy: Al Furat News} A member of the Parliamentary Legal Committee for the Alliance of Iraqis, Hassan Fadam, described the conditions of the KDP regarding the Federal Supreme Court law as "incapable."
 

Fadam said in a televised statement, that "the conditions of the Kurdistan Democratic Party are crippling and it is the only objector to the Federal Court law and is trying to create a veto right in the court, but rather trying to exploit the current situation."
He added, "Sharia jurists in the Federal Court are limited according to the law to cases related to Sharia, and they have no interference in legal cases. As for the other nine judges in the court, they are specialized in legal and constitutional cases and disputes."
It is scheduled that the House of Representatives will hold an evening session today, Tuesday, in which the vote will either be on the whole new law of the Federal Supreme Court or on the amendment of the law in force.
After midnight last night, the Council held a regular session in which it voted on the articles of the First Amendment Law (Ordinance No. 30 of 2005) the Federal Supreme Court Law, and created two new articles in it: {The court has a general secretary with no less than 10 years of experience in the law and has the rank of attorney the minister and his powers}, and {in the composition of the court preserves the constitutional balance between the components of the Iraqi people}. "
Wafa Fatlawi

 

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  •  Time: 03/16/2021 21:08:05
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Parliament session begins headed by Al-Halbousi
  
{Baghdad: Al Furat News} The House of Representatives session began, headed by Parliament Speaker Muhammad al-Halbousi.

The session was attended by 198 deputies.
The session’s agenda is limited to the taking of the constitutional oath of some alternate representatives. Voting on the Federal Supreme Court’s law was completed, in addition to public discussions.

Ammar Al-Masoudi

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Parliament's first comment on easing the restrictions of the ban and its reasons
  
{Policy: Al-Furat News} A member of the Parliamentary Health and Environment Committee of the Iraqi coalition, Hassan Khatti, commented on the Cabinet's decision on easing the restrictions of partial and comprehensive ban to confront the second wave of the Corona virus.
 

Khatti said in a televised statement, "The curfew does not prevent the direct transmission of the Coronavirus infection chain between citizens."
He explained, "It is a method that we use for not adhering to preventive measures.
If there was a commitment in malls, schools and universities, we would not need to impose a ban and restrict the movement of citizens."
The Cabinet decided, in its regular session, held today, Tuesday, to ease the curfew measures, starting on 3/22/2021, as the partial curfew starts from 9 pm to 5 am.
As for the comprehensive ban, it will be only on Friday and Saturday of every week, with the opening of shops and commercial markets, according to the safety procedures followed.
Today, Tuesday, Iraq recorded an unprecedented number in the number of Corona virus infections since the outbreak of the epidemic in the country a year ago.
The Ministry of Health and Environment published the epidemiological situation for the past 24 hours, in which it recorded 5,267 infections, 4,564 recoveries and 39 deaths from the virus.
Wafa Al-Fatlawi

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The House of Representatives votes unanimously to oblige the government to complete the procedures for declaring Halabja a governorate
  
{Politics: Al Furat News} The House of Representatives voted unanimously to oblige the government to complete the procedures related to declaring Halabja a governorate.
 

The vote comes on the anniversary that the former regime bombed the city 33 years ago with poisonous chemical gas, which resulted in a genocide that claimed the lives of tens of thousands of martyrs and injured.
Ammar Al-Masoudi

 
 
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Al-Bakhati reveals the latest information on the Federal Court law and Sharia scholars
  
{Politics: Al-Furat News} The representative of the Iraqi coalition, Jasim Al-Bakhati, revealed the latest information on the Federal Supreme Court's law and the authority of Sharia jurists in it.
 

Al-Bakhati said in a televised statement this evening: "The Federal Court Law is moving towards approving the new formation and includes Sharia jurists. Their nomination will be from the Shiite and Sunni endowments and their CVs will be sent to the Supreme Judicial Council, which is the one concerned with choosing."
He explained, "There is a condition regarding the judges of the jurists, which is that they should be among the first-class judges with a service of no less than 15 or 20 years and are still practicing the service and not retired."
It is scheduled to complete the House of Representatives voting on the law of the Federal Supreme Court.
Ammar Al-Masoudi

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  •  Time: 03/16/2021 21:37:16
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Shabal Ramadan takes the oath to replace the late MP Aram Naji
  
{Politics: Al Furat News} She took the constitutional oath of Shabal Hassan Ramadan, replacing the late MP Aram Naji, spokesman for the Kurdistan Democratic Party (KDP) bloc.
 

Naji died in the middle of last month in a hospital in Dohuk Governorate due to a long conflict with the Corona virus.

Ammar Al-Masoudi

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  •  Time: 03/16/2021 21:38:58
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Parliament votes to declare Halabja government
  
{Baghdad: Al Furat News} The House of Representatives voted unanimously to declare Halabja as a governorate.
 

The speaker of the council, Muhammad al-Halbousi, stated that “on the anniversary of the tragedy of Halabka, the House of Representatives votes unanimously to oblige the government to complete the procedures related to declaring Aleppo a conservative one.”

He continued, "The vote was based on the proposal of the Presidency of the Council of Representatives in solidarity with Halabka and in honor of the martyrs and their families."

Raghad Daham

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A leader in Al-Nasr: The Federal Court is running out of life in 2023, and its impartiality must be maintained
  
{Policy: Al-Furat News} The leader in the victory coalition, Aqeel Al-Rudaini, confirmed that the Federal Court is running out of life in 2023, while stressing the need to maintain its neutrality.
 

Al-Rudaini said to the "Aalimstara" program broadcast by the Al-Furat satellite channel tonight, that "the Federal Court is one of the most important judicial bodies in the country and comes at the head of the authority and separates the institutions. As for the controversy, it lies in the unconstitutionality of the third paragraph of the law, so it has been suspended in principle."
He added, "Because of its constitutionality, a new law was legislated for it, and I formed a debate on two important matters, namely how to conduct the vote and cancel all the decisions that were issued. The Kurds insisted on voting 100%, which means suspending the work of the court. 
Some parties also wanted Sharia scholars to vote on decisions, such as judges."
Al-Rudaini added, "The problem is the choice, and the parliament decided to give the Kurds an opportunity to review their position, and the parliament may go to amend the third paragraph of the Federal Court Law," indicating that "the age of the Federal Court law is short to be implemented in 2023."
He pointed out, "We do not want to interfere with the court’s origin and the ball in the parliament’s court, and it will be asked by the people in the event of a vote on a law that offends Iraq and the law."
Al-Rudaini added, "Iraqi law is purely civil, and the personal status law is applied only from Sharia, and is divided according to sects and sects. Therefore, the jurists in the text of the constitution that no law is issued or enacted that contradicts the provisions of Islamic law, and they want to address this section."
He pointed out, "Minorities' rejection of the presence of Sharia jurists within the Federal Court, and doubts about the identity of the jurist and whoever chooses him, and we affirm that the Federal Court is the tent of elimination for the Iraqi people and its neutrality must be preserved."
The deputy for the Iraqi coalition, Jasim Al-Bakhati, revealed the latest information on the Federal Supreme Court’s law and the authority of Sharia jurists in it.
Al-Bakhati said in a televised statement this evening: "The Federal Court Law is moving towards approving the new formation and includes Sharia jurists. Their nomination will be from the Shiite and Sunni Endowments and their CVs will be sent to the Supreme Judicial Council, which is the one concerned with choosing."
The House of Representatives will continue voting on the Federal Supreme Court law.
Wafa Al-Fatlawi

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Leader in approach: Sharia jurists is not a controversial complex in the Federal Court law
  
{Policy: Al Furat News} The leader of the National Approach bloc, Muhannad Al-Attabi, believes that the knot of disagreement in the Federal Court Law is not in the "jurists of Sharia" but in the quorum of the meeting and the decision.
 

The Zebra program {Aalmstrh} aired on Al - Furat satellite tonight , "We are in front of two laws of the Federal Court to be amended and new, and the dispute in the Amendment Act obsolete voting , which replaces problematic and is also a constitutional violation.
The new law , the dispute is not Bfaqae law , but between the blocs on the article , which speaks Quorum meeting and decision. "
He added, "The legislator is subject to error, forgetfulness and deviation, and the Kurds agreed that the court's decision should be 7 members out of 9, then they refused," pointing out that "the Civil Status Law does not represent all doctrines of Islam."
Al-Atabi explained, "The competition of laws confuses the country, and there are three provisions in Iraq {Sharia, social custom and law}, noting that the Federal Court contains two chambers {democracy and the provisions of Islam}".
And that "Islam is the basis of the civil document, according to the civil document, and the jurist is the highest levels of justice," calling for "setting standards for the jurist to resolve the issue of skepticism between the blocs."
Al-Atabi concluded, "The budget law was originally idle and was not disrupted by the House of Representatives, and we presented 40 notes to the Finance Committee after it was eased."
The House of Representatives will continue voting on the Federal Supreme Court law.
Wafa Al-Fatlawi

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