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Al-Kazemi congratulates the President and members of the Federal Court on their assumption of their posts


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Al-Kazemi congratulates the President and members of the Federal Court on their assumption of their posts Policy

The meeting between Al-Kazemi and the Federal Court does not present any challenge to the budget’s provisions      2021-04-18 08:07  

The President of the Federal Supreme Court receives the Prime Minister     2021-04-18 14:04:00   Baghdad / Judicial Notification On 4/18/2021, the Presi

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The judiciary holds an urgent meeting next Monday to implement the amendment to the Federal Court Law
  
{Policy: Al-Furat News} The President of the Supreme Judicial Council, Faik Zaidan, called on the council members to meet next Monday morning to implement the law amending Federal Court Law No. 30 of 2005, which was approved by the House of Representatives in today's Thursday session.
 

"The meeting will also include honoring the president and members of the current Federal Court on the occasion of their retirement," the judiciary media stated, in a statement {Al Furat News} received a copy of.
The House of Representatives voted in its session held today, Thursday, headed by Muhammad al-Halbousi, Speaker of the House, and in the presence of 204 deputies on Article 3 and a new article of the First Amendment Law (Order No. 30 of 2005) of the Federal Supreme Court Law.
The Council also voted on the First Amendment Law (Order No. 30 of 2005 AD), the Federal Supreme Court Law.
Wafa Al-Fatlawi

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  •  Time: 03/18/2021 20:09:58
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The judiciary thanks Parliament for the wording to amend the Federal Court Act
  
{Baghdad: Al Furat News} On Thursday, the Supreme Judicial Council thanked the House of Representatives for the formula for amending the Federal Court Law
 

The Supreme Judicial Council extended its thanks to the president and two vice-presidents of the House of Representatives, members of the Council, and all media professionals, personalities and institutions who supported the legislation of the law amending the Federal Supreme Court Law in the form approved this day corresponding to 3/18/2021.

Raghad Daham

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Support reveals the fate of Sharia jurists in amending the law and the president and members of the current Federal Court
  
{Politics: Al Furat News} A member of the Parliamentary Legal Committee, a representative of the Iraqi coalition, Hassan Fadam, announced that the First Amendment Law {Order No. 30 of 2005} The Federal Supreme Court Law does not include Sharia scholars.
 

Fadam said, "The amendment does not include the addition of the clause of the jurists, since the previous law did not include this paragraph and it was only the amendment of the third paragraph concerning compensation for deceased judges and those referred to retirement in the Federal Court."
He added, "The current court with its president and members will all be referred to retirement in accordance with the retirement law in force."
Fadam stated, "The Judicial Council and judicial institutions are the ones who will choose the new judges of the court and send their nominations to the President of the Republic to issue a republican decree appointing them."
The House of Representatives voted in its session today, in the presence of 205 deputies, on the First Amendment (Order No. 30 of 2005) the Federal Supreme Court Law.
The Supreme Judicial Council welcomed the amendment of the law according to its new form and thanked Parliament and all parties supporting the enactment of the Law of Amendment Law, and it will hold a meeting next Monday morning to implement the Federal Court Law Amendment Act and honor the President and members of the current Federal Court on the occasion of their referral to retirement.
Ammar Al-Masoudi

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2 hours ago, jeepguy said:

What is " law 30 " ?  

 

2 hours ago, GreedyDinar07 said:

 

What exactly is this Federal Court Law number 30 and what exactly does it mean? Can anyone help me out? 

Hey JeepGuy & GreedyDinar07

 

Here we go. 
 

Article 30

 

First
The State shall guarantee to the individual and the family - especially children and women – social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing.

Second
The State shall guarantee social and health security to Iraqis in cases of old age, sickness, employment disability, homelessness, orphanhood, or unemployment, shall work to protect them from ignorance, fear and poverty, and shall provide them housing and special programs of care and rehabilitation, and this shall be regulated by law.

“I posted the link, but the first picture below produces the link - just double click on the first picture and it should take you straight to it.”

Iraq_2005.pdf?lang=en

 

 

FE144B0E-34EA-4639-8059-9923B6E3B777.png

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Add this from a past thread and pull two articles from it...

 

 

Editing date: 11/28/2020 10:15 • 124 times read
[Baghdad_Where]
Deputy Chairman of the Constitutional Amendments Committee, Yusuf Muhammad, confirmed, Saturday, that the constitutional timing granted to the committee to present its report to the House of Representatives came for the purpose of speeding up the completion of its tasks, pointing out that it would acknowledge the availability of parliamentary consensus on it.
"The timing stipulated in Article 142 of the Constitution, that the Constitutional Amendments Committee submits its report to the House of Representatives within a period not exceeding 4 months," said Muhammad, in a statement, for the purpose of expediting the completion of its work.
Muhammad added that "that time has not been determined to thwart the committee's work in the event that these amendments are not completed," citing an example "with Article 140 of the Constitution and the Federal Court's decision that the article has not expired due to the government's failure to resolve this file in the time specified by the constitution."
The deputy head of the amendments committee stated that "the amendments proposed by the committee will be presented at once for a vote in the House of Representatives, and are considered approved with the approval of the absolute majority of the number of members of the House," noting that "the committee needs parliamentary consensus to pass these amendments by voting either in the committee or in Parliament".
The deputy head of the Parliamentary Constitutional Amendments Committee acknowledged "the necessity to find a permanent solution to the problem of the disputed areas," stressing that "the problem of these areas cannot be solved by imposing a fait accompli."
And that "those areas represented a raging internal and external conflict, directly or indirectly, to Iraq over the past 50 years."
He added that "the solutions must be either to implement Article 140 as stated in the constitution, or to reach an agreement that satisfies all the original components present in those areas."
Muhammad hinted to "the existence of necessary constitutional amendments that must be discussed in the work of the committee, especially the formation of the Union Council" by drawing up constitutional articles of its own, as it is very important to all federal systems in the world, "describing the federal system in the country as" deficient and anomalous until now because it is not Forming this council. "
He explained that "all countries of the world find the Federation Council with different names, except for Iraq, which is the only country in the world in which there is no such council, whose mission is to represent all regions in equal proportions at the state level."
 
 
 
 
This one is especially....
 
Quote

ensure the representation of minorities and the rights of nationalities in the preamble to the constitution, as most minorities were added, including Yezidis, Syriacs and Armenians.”

 

 

The Amendments Committee: Minority rights are guaranteed in the preamble to the constitution

 
 
Baghdad: Morning
 
The special parliamentary committee in charge of constitutional amendments has assured representatives of minorities and other components of ensuring their rights and adding them in the draft amendments
New. The committee’s rapporteur, Saeb Khadr, said in a press statement, “The parliamentary committee sought to ensure the representation of minorities and the rights of nationalities in the preamble to the constitution, as most minorities were added, including Yezidis, Syriacs and Armenians.” Supporting political blocs during voting 
The final. ”Khadr added,“ The rights of minorities are present in the constitution under the heading of civil rights and freedoms, but unlike the application in the ministerial cabinet and higher state institutions, we find minority representation inconsistent with the principle of equal opportunity. 
Passed the constitution. "
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And with all the articles that we all read, and why the Kurds stated According to the Constitution..Now they can get it right According to the Constitution...which covers the Center and the Region... (Equally) 

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7 minutes ago, yota691 said:

And with all the articles that we all read, and why the Kurds stated According to the Constitution..Now they can get it right According to the Constitution...which covers the Center and the Region... (Equally) 

 

yota thanks for all the compilations and heavy lifting with the articles it makes keeping up possible ,cheers

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11 minutes ago, yota691 said:

And with all the articles that we all read, and why the Kurds stated According to the Constitution..Now they can get it right According to the Constitution...which covers the Center and the Region... (Equally) 

Thx Master Yota!!! 👍🇺🇸👍🇺🇸

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by Editor Iraq news 8 Hours ago

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The head of the Supreme Judicial Council, Judge Faeq Zaidan, called the council members to a meeting next Monday morning, corresponding to the twenty-second of this March.

The President of the Supreme Judicial Council called for the council’s members to meet, according to a statement, to implement the Federal Court Amending Law No. thirty for the year two thousand and five, which was approved by the House of Representatives on the eighteenth of this March.

The statement added that the president and members of the current Federal Court will be honored on the occasion of their retirement.

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Al-Samarrai tweets after the vote on the Federal Court Law: A just judiciary is a victory for the people

 

 

789 Policy 2021/03/18 23:41 Baghdad Today -

Follow-up Deputy Muthanna Al-Samarrai commented today, Thursday, on the passage of a draft amendment to the Federal Court law in Parliament. Al-Samarrai said in a tweet on his Twitter account, "A federal court for all the people, not shackled by the shackles of sectarianism, was a lofty goal, because supporting the judiciary to be independent is a victory for the state." He concluded his tweet by saying: "A just judiciary is a victory for the people."

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7 hours ago, Ziggy said:

Article 30

 

First
The State shall guarantee to the individual and the family - especially children and women – social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing.

Second
The State shall guarantee social and health security to Iraqis in cases of old age, sickness, employment disability, homelessness, orphanhood, or unemployment, shall work to protect them from ignorance, fear and poverty, and shall provide them housing and special programs of care and rehabilitation, and this shall be regulated by law.

it is good that you can guarantee social and health security, etc that can improve the lives of iraqi citizens. but, how can you guarantee all of them? by rv'ing your iqd at 1:1 and the lives of iraqi citizens become happy and prosperous.

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From life to a specific age .. The Legal Committee details the articles of the Federal Court
 

Baghdad / National News Center

After severe rejection, acceptance and postponement of the Federal Supreme Court's law, the law was finally passed in a session on Thursday (March 18, 2021).

 

The details of the Federal Court law of very great importance, Muhammad Al-Ghazzi, Vice President of the Legal Committee in the House of Representatives, spoke about it to the "National News Center."

An in-depth reading of the law

 

Al-Ghazi says in response to those who wrote that the House of Representatives made a mistake by voting on the law without reading it a first and second reading, “No, on the contrary, the draft amendment that came from the Presidency of the Republic (Amending Order 30) was read first and then again, and we listened to more than one session on The remarks of the representatives of the representatives. ”He added,“ Some sessions were also held to hear the opinions of specialists, especially the Bar Association, as well as the Jurists Union, in addition to some specialists to hear their views. And then this law was enacted today after we reached a dead end in enacting the law, which I consider the original law.

 

Great importance of the law

 

Al-Ghazi believes that “the most important law after the constitution is the Federal Court; The fact that the latter is the one that interprets the provisions of the constitution, and it deals with the constitutionality and unconstitutionality of the laws enacted by the Iraqi Council of Representatives; Therefore, he took a great deal of discussion and controversy at the level of the House of Representatives, at the level of political blocs, and at the level of lawmakers and specialists. We have benefited a lot from the opinions on this law, and we tried as much as possible to include it in the Federal Court Law, the First Amendment of this law, and we were really hoping to proceed and proceed with the original Federal Court legislation.

 

Age of judges and their retirement

 

Regarding the age of the members of the Federal Court and the length of their retirement, an important amendment has been made to him, according to what Al-Ghazi says, if he details his saying: “One of the most important notes of the amendment is that the current Federal Court has been referred to retirement from a president and members according to a republican decree that will be issued after the Federal Court or the head of the current court completes. Procedures for the formation of the new Federal Court as a member of the committee formed to select judges from among the members of the Federal Court. ”Regarding the age of the members, Al-Ghazi indicated that“ the age of the new judges has been determined, if the matter is not left open as it was in the past; Where the age of completion of 72 years has been determined, which is the age for retirement of the next Federal Court and not for life, in addition to the conditions stipulated in the law, including that the judges of the first class who have actual service in the judiciary are 15 years old.


With regard to taking the oath, Al-Ghazi mentioned, “The formula for taking the oath has been amended, as it was previously in Legislative Order No. 30 that the oath is taken before the Presidency, considering that the Presidency does not exist at the present time, but whoever is present is the President of the Republic, indicating that this has been amended. Saghiya and put it before the President of the Republic or before the Speaker of the House of Representatives in the event that the oath was not taken before the President of the Republic for any reason that this matter was excused and an order was issued to appoint them.


Regarding the issue of reserve judges, the deputy head of the Parliamentary Legal Committee pointed out that “The issue of precaution that was not present in the original law of the Federal Court in force was dealt with, as 4 reserve members were chosen to be the original judges in the event of a resignation, and in the event that any of them were unable to attend. To the court or the composition of the court, since the law requires that the composition be full of its members; Therefore, reserve members have been put in place so that there will be no disruption in the composition of the court in the future.

 

Previous hurdles

 

Al-Ghazzi says that “the Federal Court Law in this session of the Council of Representatives has overcome many obstacles, and reached advanced stages with the legislation of this law, especially as it reached a vote on 21 articles out of 24 articles; Therefore, I imagine that he achieved part of the success, at least he tried to reverse the previous sessions that did not attempt at all to legislate the Federal Court law, but unfortunately, the quorum was not achieved in the last articles that were objected to, and the truth is only one article that was objected to by the Democratic Party; The fact that their demand that the Federal Court’s decisions take place unanimously is rejected by all the second political forces.

 

swearing

 

Al-Ghazi affirmed, “The swearing-in formula was also modified, as it used to take place in the past, before the Presidency, as it does not exist at the present time. Rather, the one present is the President of the Republic, so this wording was modified and placed before the President of the Republic or before the Speaker of Parliament in the event that the oath was not taken. Before the President of the Republic for any reason.

 

Law Amendments

 

He continued, saying: “One of the most important observations of the amendment is that the current Federal Court has been referred to retirement from the President and members of the Federal Court by virtue of a republican decree that will be issued after the Federal Court or the president of the current court completes the procedures for forming the new Federal Court as a member of the committee formed to select judges from among the court’s members. Federal ”.

 

The position of Secretary General

 

He noted that “the issue of creating the position of Secretary-General does not have any involvement in the political issue, rather it is an organizational and administrative issue 100%, because most departments have a Secretary General who organizes personnel affairs, and the Secretary-General is not part of the court’s formation, but rather he regulates personnel affairs only has nothing to do with taking The decisions and the composition of the court does not have any hand in this matter, but rather it is a purely administrative system.

 

Violating constitutional articles

 

He talked about the fact that the text of Article 92 was violated, saying: “I do not believe that there is a violation of Article 92 because this article emphasized the composition of the court and left the composition of the court to legislate a law that defines its mechanism, its members, and the nature of their work for this law.” It differs from the current one considering Article 92 is clear. Secondly, it talks about the number of judges in addition to experts in Islamic jurisprudence according to this law, but when the House of Representatives decided to go to the amendment, there is no violation as it is an already enforceable law. It has to be modified, and this is the first amendment. Therefore, we did not discuss the composition of the court. "
He continued: “I don’t know where the crime is, because we did not address the issue of constitutional balance, especially that the law is enforceable, but rather amended only in terms of determining the age of judges, referring the current Federal Court to retirement and forming a new court. As for the subject of Article 105 and others, it is not related to this law and there is no text requiring preservation. The components of the constitutional balance because the Federal Court is the one who will maintain this balance by interpreting the constitution itself. One of the competencies of the Federal Court is to interpret the constitution. If there is a defect in Article 105 and other articles of the constitution, the court will consider this aspect and it will correct these articles. As for the issue of the court, the rest of its components Only they are judges and we have set the conditions for the judges. ”

 

Presidencies of the Judicial Council and the Federal Court

 

He stressed that “there are no changes at the level of the presidencies of the Judicial Council, whether it is in the Judicial Council or the Federal Court, but the Federal Court will certainly change its presidency as the law has been legislated and requires the selection of a new federal court president in addition to the fact that the State Council has nothing to do with the subject of the changes. The former State Council has been referred to retirement due to reaching the retirement age. A new head of state will be chosen far from the House of Representatives, and it is one of the powers of the government and not one of the powers of the House of Representatives.

 

He continued: “We, as a legal committee, have received many demands that the members of the Federal Court be voted on within the House of Representatives, and in this case the House of Representatives will be accused of quotas, so we moved away a lot. With the President of the Federal Court, they are authorized to choose the members of the Federal Court.

 

Deferred lawsuits

 

He pointed out that “during this year many cases were submitted to the Federal Court and they were registered, but it was not possible to proceed with them because the court was not fully quorum, so the new Federal Court will have a great burden in terms of examining many of the abandoned lawsuits, and certainly some cases have not issued final judgments. The fact that the court was not completely quorum ”.

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