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The Federal Court decides to temporarily suspend the work of the elected Presidency of the Parliament (documents)


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The Federal Court decides to temporarily suspend the work of the elected Presidency of the Parliament (documents)
 

  

Baghdad - people  

On Thursday, the Federal Supreme Court of Iraq decided to temporarily suspend the work of the elected Presidency of the Parliament.  

  

 

  

  

According to documents obtained by "Nass" (January 13, 2022), the court's decision to suspend the work of the Presidency of Parliament, which was elected last Sunday, came at the request of Representative Basem Khashan and Representative Mahmoud Daoud, to issue a loyalty order against Parliament Speaker Muhammad al-Halbousi and his two deputies. Until the resolution of the two calls for the first session of Parliament.  

Where the attorney for the two representatives claimed that the first session of the House of Representatives, which witnessed the election of the Presidency, was marred by legal and constitutional violations.  

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 2022-01-13 06:30
 

Shafaq News/ The Federal Supreme Court, the highest judicial authority in Iraq, issued a decision on Thursday to temporarily suspend the work of the Presidency of the Iraqi Council of Representatives, after two lawsuits submitted by the independent representative, Basem Khashan, and Representative Mahmoud Daoud Salman, regarding the first session and the related constitutional violations and the internal system of the Council.

The court decided, according to its ruling, to suspend the work of the Presidency of the House of Representatives elected in the first session of the House of Representatives held on January 9, 2022, temporarily, until the two cases are resolved.

The court stated, "The decision was issued in agreement and is final and binding on all authorities."

On Monday, the independent deputy, Basem Khashan, revealed his intention to file a complaint with the Federal Court to challenge the election of the Presidency of the Iraqi Council of Representatives, yesterday, for constitutional violations.

"I am currently working on submitting a complaint accompanied by all the evidence and documents, in addition to the video clips, which prove the invalidity of the election of the Presidency of the Iraqi Council of Representatives, yesterday, due to the legal and constitutional violations that accompanied the session," Khashan told Shafaq News.

And he indicated that "after the incident of assaulting the president of the age, Mahmoud al-Mashhadani, the session lost its legitimacy, and therefore any decision taken in it is invalid, and therefore, the decision will be with the Federal Court."

He concluded by saying, "Also, the complaint that I want to submit is singular and has nothing to do with any other complaint that some political parties want to submit to the Federal Court."

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Suspension of the work of the presidency of the Iraqi parliament by order of the Federal Supreme Court

Speaker of the House of Representatives in Iraq Muhammad al-Halbousi - Sputnik Arabic, 1920, 13.01.2022
© AFP 2021 / JIM WATSON
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Today, Thursday, the Supreme Federal Court of Iraq decided to temporarily suspend the work of the elected Presidency of the Parliament.
According to the Iraqi News Agency, the Supreme Court decided to accept the lawsuit submitted by Representatives Basem Khazal Khashan and Mahmoud Daoud Yassin against the presidency of the Iraqi Council of Representatives, to suspend the work of the Presidency of the Parliament temporarily.
The two MPs submitted a lawsuit to the Federal Court of Iraq in which they confirmed that the first session of the Iraqi Council of Representatives, which took place on January 9, and resulted in the election of Representative Muhammad al-Halbousi as Speaker of Parliament, was marred by numerous constitutional violations, according to the lawsuit.
 
Accordingly, the two deputies demanded the court to issue its state order to stop the work of the Presidency of the Parliament until the case that was filed before the court is resolved.
 
The Iraqi parliament convened in its first session, last Sunday, and Muhammad al-Halbousi was elected Speaker of the Council by a majority of votes, with 200 votes compared to 14 votes for his rival Mahmoud al-Mashhadani, while 14 ballot papers were invalid.
Al-Halbousi, the former head of the council, competed with Mahmoud al-Mashhadani, the oldest member of the council.
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With documents.. the Federal Council decides to temporarily suspend the work of the Presidium of Parliament
  
{Political: Al Furat News} The Federal Supreme Court issued a state order to temporarily suspend the work of the Presidency of the House of Representatives.

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Al-Khashan: Suspension of the procedures for registering the largest bloc and electing the President of the Republic according to the state order
  
{Political: Al Furat News} The independent deputy, Basem Al-Khashan, announced that the state order of the Federal Supreme Court suspended the procedures of the first session of the House of Representatives in its fifth legislative session.

Al-Khashan told {Euphrates News}: "The state order included stopping the procedures related to the first session, including the procedures for registering the largest bloc, electing the president of the republic, and the subsequent procedures for the council."

And that "all decisions issued during the first session and under the state order are considered suspended until the consideration of the cases submitted to the Federal Court regarding the session."

He stressed, "There will be no holding of the parliament session scheduled in a few days' time to elect the presidency."

Today, Thursday, the Federal Supreme Court issued a decision to temporarily suspend the work of the Presidency of the House of Representatives, after two lawsuits filed by independent MP Basem Khashan and Representative Mahmoud Dawoud Salman regarding the first session and the “constitutional violations” and the internal system of the Council.

The court decided, according to its ruling, to suspend the work of the Presidency of the House of Representatives elected in the first session of the House of Representatives held on January 9, 2022, temporarily, until the two cases are resolved.

The court stated, "The decision was issued in agreement and is final and binding on all authorities."

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A legal expert clarifies the details of the "state order" to stop the work of the Presidency of Parliament
  
{Political: Al Furat News} Legal expert Jamal Al-Asadi clarified, today, Thursday, the details of the state order “to stop the work of the Presidency of Parliament.

Al-Asadi said in a statement received by {Euphrates News} that “the Federal Court issued on today 13/1/2022 a state decision to stop the work of the Presidency of the House of Representatives elected in the first session, a temporary suspension until the cases that challenged the constitutionality of the first session of the House of Representatives are resolved, and to clarify what the matter is.” We would like to state the following:-

It is a pattern of judicial decisions that the law allows for the judiciary to be taken in urgent cases, and these decisions are dominated by the administrative character and nature more than the judicial character. And if it does not achieve the procedural guarantees achieved by the judicial ruling. The state judiciary can be defined as a temporary decision issued by the judge in the cases stipulated in the law in an urgent matter based on a request submitted to him by one of the litigants. Issuing judgments regarding the disputes raised to him.

The order or the state judiciary is stated in the Code of Procedure and in the texts of the following articles as my agencies: 

Article 151

Whoever has the right to obtain an order from the court to carry out a specific act according to the law may request the competent court to issue this order in the event of urgency by submitting a petition to the competent judge.

 

Article 152

The judge issues his order in writing to accept or reject one of the two copies of the petition on the day following its submission, at most. And inform the person against whom the order was issued with a copy of it.

 

Article 153

1 - For the person against whom the order is issued, and the applicant, when his request is rejected, may file a grievance with the court that issued it within three days from the date of issuing the order or from the date of its notification, by instructing the litigant to appear before the court by way of urgency.

2- The grievance may be filed in accordance with the original lawsuit in whatever state the lawsuit is in, even during the pleading in the session.

3- The court shall decide on the grievant as a matter of urgency by confirming, canceling or amending the order, and its decision is subject to cassation.

From what was indicated above, the constitutional periods for electing the President of the Republic have been judicially suspended until the case before the Federal Court is resolved, and that these periods will start calculating their periods from the moment the court’s decision is issued.

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 2022-01-13 06:55
 

Shafaq News/ The leader in the coordination framework, Saad Al-Saadi, commented today, Thursday, on the decision of the Federal Court to temporarily suspend the work of the elected Presidency of the Parliament, after two complaints submitted by the independent representative, Basem Khashan, and Representative Mahmoud Al-Mashhadani.

The framework includes Shiite political forces opposed to the results of the Iraqi legislative elections that were held in October of the year 2021, which also objected to the convening of the first session of the Iraqi parliament in its new session on the ninth of this month, which witnessed the election of the Speaker and his two deputies.

Al-Saadi told Shafaq News Agency, "The issuance of the Federal Court's decision regarding the temporary suspension of the work of the elected Presidency of the Parliament confirms and indicates what we were saying that the session for the election of the Presidency of the Parliament took place unconstitutionally and illegally, but it took place in accordance with political deals and agreements, especially after the chaos events. and overstepping the head of the age."

And that "the Federal Court, may have a new decision in the coming days cancels the election of the presidency of the parliament once and for all."

Al-Saadi added, "We are waiting for what will be issued regarding the resolution of complaints regarding the first parliament session," adding that "what will be issued by the judiciary is respectful and binding on all parties."

 

In turn, Mahdi Taqi al-Amerli, head of the "Badr" parliamentary bloc that is affiliated with the coordination framework, considered the decision of the Federal Court to temporarily suspend the work of the Presidency of the Parliament "a real victory for democracy and further proof of the integrity of the Iraqi judiciary."

Amerli said in a statement, "We trust the judiciary and constantly appeal to it and respect its decisions."

He added, "Our hope is great that the Iraqi people and the world will see a historical legal position soon that will resolve what happened in the opening session of the House of Representatives," calling on "all political blocs to resort to the law and the constitution, open a serious dialogue, and not exclude partners."

 

The Federal Supreme Court, the highest judicial authority in Iraq, issued a decision earlier today to temporarily suspend the work of the Presidency of the Iraqi Council of Representatives, after two lawsuits filed by the independent representative, Basem Khashan, and Representative Mahmoud Daoud Salman, regarding the first session and the related violations of the constitution and the internal system of the Council.

The court decided, according to its ruling, to suspend the work of the Presidency of the House of Representatives elected in the first session of the House of Representatives held on January 9, 2022, temporarily, until the two cases are resolved.

The court stated, "The decision was issued in agreement and is final and binding on all authorities."

On Monday, the independent deputy, Basem Khashan, revealed his intention to file a complaint with the Federal Court to challenge the election of the Presidency of the Iraqi Council of Representatives, last Sunday, for constitutional violations.

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 2022-01-13 07:20
 

Shafaq News/ An Iraqi legal expert explained, on Thursday, the repercussions that will result from the decision of the Federal Supreme Court to stop the work of the Presidency of Parliament.

 

Muhammad Al-Saadi told Shafaq News Agency, "The work of the parliament is now suspended after a pro-federal order was issued by the Federal Court to temporarily stop the work of the Presidency of the Council." 

 

He added, "Parliament cannot hold any regular session, take any action, or elect the president of the republic until the issue is resolved." 

 

Al-Saadi pointed out that "the decision to stop is not specified for a specific period, and it may take a week, a month or more."

 

Earlier on Thursday, the Federal Court decided to temporarily suspend the work of the Presidency of Parliament until two lawsuits regarding the legitimacy of the first session are resolved.

 

According to the Federal Court, Representatives Mahmoud al-Mashhadani and Bassem Khashan filed two lawsuits, requesting the issuance of a wilaya order to stop all measures taken by the House of Representatives, the Speaker and his two deputies until the two lawsuits are resolved regarding the challenge to the constitutionality of the first session and all legal procedures that were issued in it, including the procedures for electing the president and his two deputies.

 

The Iraqi parliament had elected, during its first session, Muhammad al-Halbousi to head the council for a second term, and the leader of the Sadrist movement, Hakim al-Zamili, as his first deputy, and the representative of the Kurdistan Democratic Party, Shakhwan Abdullah, as a second deputy.

 

Tension and chaos marred the first session, which was initially chaired by Mahmoud al-Mashhadani, as the oldest, before he was transferred to the hospital due to a health problem in the midst of the controversy that raged over the largest bloc between the Sadrist bloc’s deputies and the coordination framework.

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The rule of law: the federal decision to strip the powers of the Speaker and his two deputies

The rule of law: the federal decision to strip the powers of the Speaker and his two deputies

in a: In: 0 views
 

The leader of the State of Law coalition, Jassem Al-Bayati, considered, on Thursday, the court's decision to stop the work of the House of Representatives until the case is resolved from the coordination framework, stressing unconstitutionally the replacement of the age president. And the procedures taken to elect the Speaker and his two deputies indicate that in the event of a case winning, the equation changes the positions of the Presidency of the House of Representatives.

Al-Bayati said in a statement to “the media” that “the decision of the Federal Court to stop the work of the House of Representatives until the decision on the lawsuit filed from the coordination framework is decided upon by a correct and correct ruling, because the presidency of the new republic was.” And they did not take decisions in favor of certain forces, as happened when the head of the age, Mahmoud al-Mashhadani, was referred for investigation.”

He added that "changing the head of the age in any way is a clear constitutional violation and does not need evidence," noting that "the decision of the Federal Court indirectly confirms the unconstitutionality of replacing the head of the age and the measures that have been taken." During the elections, the Speaker and his two deputies.”

Al-Bayati explained that “the decision of the Federal Court canceled the full authority of the Speaker and his two deputies,” noting that if the case wins, the equation will change in the positions of the Presidency of the House of Representatives. Al-Halbousi will not return to the position, nor will his two deputies.”

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LMAO!!! Maliki wins again…

Al-Sadr needs to step in like he did with the corrupt governor of the holy city and stop the circus that the Iranian regime is making of their democracy. 

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12 minutes ago, DoD said:

LMAO!!! Maliki wins again…

Al-Sadr needs to step in like he did with the corrupt governor of the holy city and stop the circus that the Iranian regime is making of their democracy. 

 

Exactly.  Hopefully this will be resolved in Sadr’s favor by the weekend and not as long as the election nonsense took. 

Bite your tongue  Maliki did not win.  Lol

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Here we go, this is the Iraq I know...a battle of wills now. Spuds & Sadr, the match of the Century. We need a Hotie in high heels & string bikini walking around with a placard above her head telling us what round we’re in.

 

Anything to hold up progress. Without fail, this kind O crap always comes about with every newly elected government.

 

WWE ain’t gotta thing on this grudge match. 

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90676717_147499463436904_778943763388878
 

Earth News/

Today, Friday, a legal expert clarified the details of the state order issued by the Federal Court regarding the Presidency of the Parliament, while indicating that this matter does not affect the performance of the deputies to the constitutional oath.

Legal expert Ali Al-Tamimi told Earth News that "the meaning of the state order is a matter that depends on the outcome of the lawsuit filed before the Federal Supreme Court and the final decision, that is, until this lawsuit is decided on the legitimacy of the first session. If the court rejects the lawsuit, this means that this matter ends with it, and if The plaintiff won the case, which means that the state order has turned into a final decision.”

He added that "if the Federal Court upholds the preventive order by accepting the plaintiffs' suit, this means the invalidity of the election of the Presidency of Parliament and the re-candidacy procedures for it and voting on it again," noting that "this matter does not affect the constitutional time limits related to the election of the President of the Republic and the nomination of the Prime Minister, except If the court issues a final decision to cancel the procedures of the first session of Parliament.

He asserts that "this decision will not affect the swearing-in of the deputies, because it is not contested."

Yesterday, Thursday, the Federal Court issued a state order to freeze the work of the Presidency of the Parliament, based on a lawsuit filed against the election process of the Presidency.

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Al-Sadr comments on the decision to temporarily suspend the work of the Presidency of Parliament

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PM:09:02:13/01/2022

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On Thursday, the leader of the Sadrist movement, Muqtada al-Sadr, commented on the Federal Court's decision to temporarily suspend the work of the Presidency of the Parliament.
Al-Sadr said in a tweet on his Twitter account, "If the Federal Court's decision to temporarily suspend the work of the Presidency of Parliament without pressure from here and there, it is the first step to finding opposition in Parliament and not resorting to violence against the formation of a national majority government."
Al-Sadr expressed his hope that “the opposition will work for the public interest and take into account the constitutional terms and even take into account the people’s need and desire to expedite the formation of the government to carry out its security, economic and service duties and hold the corrupt accountable, not obstruct it for the sake of political gain,” stressing that “the people’s interest is higher and more valuable than interests.” partisanship, sectarianism, and politics.
And he added, "The opposition and loyalty come together in order to save Iraq from the clutches of occupation, normalization, terrorism, corruption and dependency," calling "that you be a national opposition, and we adhere to the ethics of a national majority government, and from God, the homeland and the people we derive help."
The Federal Supreme Court had issued a clarification earlier today, Thursday, confirming that its state order to stop the work of the Presidency of the Parliament does not affect the validity of the constitutional periods.
The media center of the court said, in a clarification, that "the state order issued on January 13, 2022, submitted within the lawsuit regarding the validity of the procedures for the session of the House of Representatives on January 9 this year (concerning the election of the Speaker and his two deputies) does not affect the validity of the constitutional periods regarding the completion of the rest of the entitlements. The constitutionality represented by the deadline for electing the president of the republic and the following procedures regarding assigning the candidate of the most numerous parliamentary bloc to form a government.
 He added, "These constitutional periods and constitutional benefits are affected in one case only if a final decision was issued to cancel the procedures of the parliament session on January 9, and this matter has not happened so far and will be considered in the pleading sessions in the presence of the two litigating parties once the procedures for notifying the defendant are completed in addition to his job."
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Official statement.. The Federal Court resolves the controversy of the constitutional terms after its state order

 

 

2,795 Policy 2022/01/13 17:34 if Baghdad Al-Youm-

Baghdad Today, Thursday, the Federal Court revealed that the controversy over the constitutional terms was settled after its state order. And the media center in the Federal Court said in a statement received (Baghdad Today) that “the state order issued on 01/13 2022 submitted within the lawsuit to challenge the validity of the procedures for the session of the House of Representatives on 19 2022 (for the election of the Speaker and his two deputies) does not affect the validity of the procedure. The constitutional deadlines regarding the completion of the rest of the constitutional entitlements represented by the deadline for electing the President of the Republic and the following procedures regarding assigning the candidate of the most numerous parliamentary bloc to form the government. He added that "these constitutional periods and constitutional benefits are affected in one case only if a final decision was issued to cancel the procedures of the parliament session, and this matter has not happened so far and will be considered in the pleading sessions in the presence of the two litigating parties if the procedures for notifying the defendant in addition to his job are completed."

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  •  Time: 01/13/2022 17:37:03
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  •  Reading: 2,990 times
The Federal Court issues an explanation regarding the state order
  
{Politics: Al Furat News} The Federal Court issued, on Thursday, a clarification regarding the state order submitted within the lawsuit to challenge the validity of the procedures for the session of the House of Representatives.
 

The media of the Federal Court stated, in a statement that {Euphrates News} received a copy of it, that: “The state order issued on 1/13/2022 submitted within the lawsuit to challenge the validity of the procedures of the parliament session on 1/1/2022 (concerning the election of the Speaker and his two deputies) It does not affect the validity of the constitutional periods regarding the completion of the remaining constitutional entitlements, which are the deadline for electing the President of the Republic.

He added, "As well as the following procedures regarding assigning the candidate of the parliamentary bloc the most numerous to form the government, if these constitutional periods and constitutional benefits."

And the Federal Court’s media indicated that “it is affected in only one case if a final decision was issued to cancel the procedures for the session of the House of Representatives on 9/1/2022, and this matter has not happened so far and will be considered in the pleading sessions in the presence of the two litigating parties if the procedures for notifying the defendant are completed, in addition to to his job."

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Legal expert: The state decision prevents the holding of a new session of Parliament and froze the election of the President of the Republic
  
{Political: Al Furat News} A legal expert said that the state decision of the Federal Court prevented the holding of a new session of the House of Representatives until the settlement of the lawsuit submitted to it regarding the events of the first session held last Sunday. 
Tariq Harb told {Euphrates News}: "The Federal Court's decision to stop the work and freeze the elected Presidency of the House of Representatives did not cancel the legitimacy of the election of that body."
"However, this decision will prevent the second session of the House of Representatives from convening, and the president of the age will not return again," he added.
Harb continued, "The decision stops the selection and election of the President of the Republic, and froze the call for candidacy for the presidency."
Yesterday, Thursday, the Federal Supreme Court issued a decision to temporarily suspend the work of the Presidency of the House of Representatives, after two lawsuits filed by independent MP Basem Khashan and Representative Mahmoud Dawoud Salman regarding the first session and the “constitutional violations” and the internal system of the Council.
The court decided, according to its ruling, to suspend the work of the Presidency of the House of Representatives elected in the first session of the House of Representatives held on January 9, 2022, temporarily, until the two cases are resolved.
The court stated, "The decision was issued in agreement and is final and binding on all authorities."
Later on Thursday, the court issued a clarification regarding the state order and said: "The order does not affect the validity of the constitutional periods regarding the completion of the rest of the constitutional entitlements represented by the deadline for electing the President of the Republic."
And she added, "As well as the following procedures regarding assigning the candidate of the most numerous parliamentary bloc to form the government, if these constitutional periods and constitutional benefits are affected in only one case, if a final decision was issued to cancel the procedures of the parliament session on January 9, 2022, and this matter has not happened so far. It will be considered in the pleading sessions in the presence of the litigating parties once the procedures for notifying the defendant are completed, in addition to his job.”


Raghad Daham

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Source: The Coordination Framework is holding a meeting today.. and this is what it will discuss
  
{Political: Al Furat News} The Coordinating Framework Forces will hold a meeting today, Friday, in the capital, Baghdad.

An informed source told {Euphrates News} that "the meeting will discuss ways to get out of the state of closure and blockage in the political scene, and try to distance and spare the country from a political crisis that may negatively affect the security situation."

The source stated that "the meeting will be extensive and will address the events of the first session of the House of Representatives and its outputs, as well as the state order of the Federal Supreme Court for the session."

It is noteworthy that the coordinating framework met last Sunday, immediately after the inaugural parliament session, without reaching any important decision regarding the political process.

Yesterday, Thursday, the Federal Supreme Court issued a decision to temporarily suspend the work of the Presidency of the House of Representatives, after two lawsuits filed by independent MP Basem Khashan and Representative Mahmoud Daoud Salman regarding the first session and the “constitutional violations” and the internal system of the Council.

The court decided, according to its ruling, to suspend the work of the Presidency of the House of Representatives elected in the first session of the House of Representatives, held on January 9, 2022, temporarily, until the two cases are resolved.

Later on Thursday, the court issued a clarification regarding the state order and said: "The order does not affect the validity of the constitutional periods regarding the completion of the rest of the constitutional entitlements represented by the deadline for electing the President of the Republic."

And she added, "As well as the following procedures regarding assigning the candidate of the most numerous parliamentary bloc to form the government, if these constitutional periods and constitutional benefits are affected in only one case, if a final decision was issued to cancel the procedures of the parliament session on January 9, 2022, and this matter has not happened so far. It will be considered in the pleading sessions in the presence of the litigating parties once the procedures for notifying the defendant are completed, in addition to his job.”

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2022-01-14 | 06:29
The Federal Court decides to temporarily suspend the work of the elected presidency
350 views Jan 14, 2022
 
Source:
 
714 views
 
 

The decision of the Federal Court to stop the work of the Presidency of the Parliament raised many questions about its impact on the upcoming constitutional benefits, especially with regard to the election of the President of the Republic, at a time when jurists confirmed that all decisions issued by the Presidency of the Council have become frozen until the case is decided.

After some questioned the constitutionality of the first parliament session, the Federal Court decided to temporarily suspend the work of the elected presidency, which raised many questions about the impact of the decision on the upcoming constitutional benefits, especially the election of the President of the Republic, which is scheduled to take place within a deadline not exceeding the eighth of next February.
 
 
 
 
 

Legal scholars believe that all the decisions issued by the presidency of the council, including the deadline for choosing the president of the republic, and the work of Parliament in general have become frozen until the case is decided on, given that all the tasks of holding sessions and managing them is the work of the presidency and on this basis, the continuation of nomination dates or Changing it is related to the decision issued by the Supreme Court, while they indicated that the court’s decision is closer to administrative decisions, and the person against whom the grievance was issued can file a grievance within three days from the date of its issuance or notification.
 

The court’s decision came after accepting the lawsuit filed by MPs Bassem Khashan and Mahmoud Al-Mashhadani against the presidency of the House of Representatives. The government, to dialogue with each other, especially the dispute between the Kurdistan Democratic Parties and the Patriotic Union over the selection of a figure acceptable to the Kurdish parties to take over the post of President of the Republic.
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 Baghdad: Shaima Rashid
   And Muhannad Abdel Wahab
 
The Federal Court’s decision to “temporary” suspension of the work of the Presidium of Parliament, which was elected last Sunday, opened the door to widespread speculation. It was incorrect and the issuance of the temporary suspension order is proof of that.
The legal expert, Tariq Harb, said in an interview with “Al-Sabah”: “The Federal Court’s decision to stop the work of the Presidency is temporary, and it is natural that this decision entails several matters, the first and most important of which is the election of the President of the Republic because the presidency of the Council cannot invite the House of Representatives to meet or vote, so how The election is taking place!? Therefore, this issue will remain pending until a new ruling is issued by the court.”
He added that "the court issued this decision only on the petition of the case without hearing the parties, and with this, the sessions will not return to the head of age, but there is nothing new as no session can be held until a decision is issued by the Federal Court in this matter," expecting that the ruling will be delayed for more than ten days. 
In addition, a member of the coordination framework, Jawad Al-Ghazali, explained that “the Federal Court issued a state order to temporarily stop the work of the Presidency until the case is decided, and this indicates that there are things that may change, because if the court sees that things are normal regarding the parliament session and go on the right path. You wouldn't have made such a decision."
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Books / Jalal Al-Zubaidi

In fact, I received many questions demanding a distinction between the state orders issued by the Federal Court recently and which led to the suspension of the work of the elected Presidency of Parliament, and the difference between them and judicial rulings..? The Constitutional Court of Iraq, which is the Federal Supreme Court, has two types of legal and judicial mechanisms to deal with disputes and lawsuits brought before them, namely judicial rulings first and state orders second.. In order to simplify the legal nature of each of them, I try to clarify the essential differences for each of them to give a legal picture of their background:

First: Judicial judgments are of a final and final judicial nature and authority. While state orders, their judicial argument is temporary and not permanent.

Second: Judicial rulings touch the origin of the right that is the subject of the dispute, while state orders may not touch (the origin of the right nor the subject matter of the case).

Third: Judicial rulings are of a final nature, while state orders are of a temporary nature and are merely a precautionary and precautionary measure.

Fourth: The state orders are of an urgent nature, while the judicial cases are of a normal nature and are not urgent.. However, we must clarify that the plaintiffs in many courts and in many judicial disputes have the right to file urgent judicial requests, and the judiciary can examine the existence of the urgent condition in the case to consider it Urgently..and for information in many Arab countries there is a specialized judiciary called the urgent judiciary in administrative matters?

Fifthly: Finally, let me make a legal approach between the judicial orders issued by the Federal Court, which in my estimation is closer to the administrative decisions issued by the public administration (to suspend the employee from work) due to his being subject to an administrative investigation about the possibility of his deficiency in the administration and management of the public job..?

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After the "state order"... Is a decision issued to dismiss the Presidency of the Iraqi Parliament? - Urgent

 

 

405 Policy 2022/01/15 17:03 Baghdad Al-Youm-

Baghdad An expert in Iraqi legal affairs, Tariq Al-Buraism, confirmed today, Saturday, that the state order issued by the Federal Supreme Court is not final. Al-Brissim said, to (Baghdad Today), that "the state order issued by the Federal Supreme Court is not a judicial ruling, and that it will not issue an order to dismiss the Presidency of the House of Representatives, but rather it will check the violations that occurred in the session, most of which focus on the oldest speaker of the Council." And he indicated that "Al-Mashhadani was the head of the session and a candidate at the same time, and he combined two qualities, and because he is the president of the age, he will supervise the elections, and at the same time he is a candidate for the elections, and this is a violation of his right that was supposed to be avoided." He added, "We expect that a decision will be issued by the Federal Court before the date of the second session, without prejudice to the constitutional terms, because the Federal Court is also concerned with the continuation of the political process and the formation of the new government."

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