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Iraq .. The Federal Court decides the legality of the election of the Speaker of Parliament


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The Federal Government sets a date to consider the “unconstitutionality” of the first session of Parliament

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PM:04:15:16/01/2022

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Today, Sunday, the Federal Supreme Court set the date for considering the two cases regarding the unconstitutionality of the first session of Parliament.
 
The court said in a statement seen by NRT Arabiya, that it "set at nine o'clock on Wednesday morning, corresponding to 01/19-2022, the date to consider the two lawsuits numbered 5 / federal / 2022 and 6 / federal / 2022, which were filed by the plaintiff in the name of Khazal Khashan and the plaintiff, Mahmoud Daoud Salman. The Speaker of the Council of Representatives, in addition to his job, must challenge the constitutionality of the first session of the Iraqi Council of Representatives in its fifth session.
 
 
The Federal Court had decided to temporarily suspend the work of the elected Presidency of the Parliament, based on a lawsuit filed by Representative Basem Khashan.
 
The decision was issued in the court session, Thursday, January 13, to consider the request of Representative Basem Khashan to issue a wilaya order against the Speaker of Parliament, Muhammad al-Halbousi, "because there are constitutional violations and violations of the internal system of the House of Representatives."
 
The request included "stopping all measures taken and taken by the House of Representatives, its speaker and two deputies" until the case is resolved.
 
The court decided, based on the lawsuit, to temporarily suspend the work of the Presidency of the House of Representatives pending a decision on it.
 
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Today, Sunday, the Federal Supreme Court set the date for considering the two calls for the unconstitutionality of the first session of the House of Representatives.

The Federal Authority said in a statement received by Alsumaria News, “It has set nine o’clock this morning, Wednesday, 19/1/2021, as a date to consider the two lawsuits No. The Speaker of the Council of Representatives, in addition to his job, to challenge the constitutionality of the first session of the Iraqi Council of Representatives in its fifth session
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A member of the Al-Fateh Alliance, Ali Al-Fatlawi, confirmed today, Sunday, that the decision of the Federal Court regarding the legitimacy of the first parliament session or not, is a necessary decision for all political forces.

Al-Fatlawi said in an interview with Alsumaria News, "All political forces must "hear and obey" the expected decision of the Federal Court regarding the legitimacy of the first session or not, whether these forces are from the framework, the current, the Kurds or the Sunnis."
 

He added, "A lot of balances will change if the problems and differences between the coordination framework and the Sadrist movement are resolved."


A member of the coordination framework, Rasoul Radi, had confirmed earlier, "there are mediations from inside Iraq to bring the views closer and melt the ice between the leader of the Sadrist movement, Muqtada al-Sadr, and the head of the State of Law coalition, Nuri al-Maliki."


Radi indicated in an interview with Alsumaria News, "In the coming days, there will be unification between the coordination framework and the Sadrist movement to unify the Shiite ranks."
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Report: Alsumaria News

After the Federal Supreme Court’s decision to temporarily suspend the work of the elected Presidency of the Parliament until the case submitted by Representative Basem Khashan is decided, the talk about consociationalism has returned strongly to the fore in order to overcome the crisis and political blockage, awaiting the Federal Court’s decision At a time when a member of the State of Law confirmed that the coordinating framework today is moving in two directions, the first is legal and the second is political, a member of Al-Fateh indicated that consociationalism and the language of dialogue is the safest solution to overcome the political crisis and go to form a government capable of carrying out its duties and meeting the demands of the masses.

Representative of the State of Law coalition, Muhammad Mohsen Al-Sihoud, confirmed that the coordinating framework today is moving in two directions, the first legal and the second political, while noting that we have full conviction and confidence in the ability of the judiciary to correct and correct the course of the first parliament session and go to correct outputs.
 
 
Chihod said in an interview with Alsumaria News, "We have full confidence and conviction in the integrity and strength of the judiciary and its ability and impartiality to correct the outcomes of what happened in the first session of the House of Representatives, in order to determine the most numerous parliamentary bloc, and to present the most numerous bloc's candidate for the position of Prime Minister." Noting that "the stage that the political process is going through and the circumstances surrounding it are difficult conditions and serious international, regional and even local challenges."
 
 
Chihod added, "What is meant by these challenges is to go to the formation of a weak government through which conspiracy projects are passed, and therefore the difficulty of the current stage requires first dialogue between all parties on the one hand and between the parties of the Shiite component on the other hand to come up with a common vision through which to stand in the face of these challenges." Conspiracies and serious challenges,” stressing that “everyone is waiting for the early elections to come with a strong government capable of advancing the requirements of the Iraqi people, especially since we do not look at the form of the government as much as we look at the nature of the government’s work because the people expect that government to consider its tasks and the people’s requirements.” .
 
He continued, "Exiting a national government capable of achieving the requirements will not be achieved except through a national dialogue between all the blocs away from differences," stressing that "the coordination framework today is going in two directions, the first is legal, and it is through the Federal Court to correct the wrong paths that occurred in the first parliamentary session." As for the second approach, it is political, through in-depth dialogues with all parties, leading to the formation of a consensus government, because the tasks are large and numerous, and it needs a government in which everyone participates to carry out its tasks with full force.
 
Chihod stressed, "The leaders of the two blocs are wise, enabling them to overcome the stage and its difficulty and reach a common vision in forming the government and standing in the face of the dangerous challenges facing the country and the Iraqi people."
 
Member of the Al-Fateh Alliance, Mahmoud Al-Hayali, stressed that consociationalism and the language of dialogue are the safest solution to overcome the political crisis and to form a government capable of carrying out its duties and meeting the demands of the masses.
 
Al-Hayali said in a press interview, "Differences also exist in the Kurdish House over the position of the President of the Republic, and this dispute is not limited to the Shiite House, but we seek to reach consensus that will make us come out of the political crisis to safety and in a manner that serves the higher interests of the Iraqi people," noting that " When the Sunni House decided its position on the candidate for the speaker of parliament, the matter was according to consensus, not according to a majority, which we believe is the best option in the understandings of the Shiite House as well.
 
Al-Hayali added, "Consociationalism is the safest solution because it is not possible to achieve a majority in light of the political situation in Iraq, especially since we are looking for democracy and the peaceful transfer of power in accordance with constitutional and legal frameworks," noting that "the framework depends on the language of dialogue and understandings and an attempt to bring views closer and listen to the All opinions are put forward to ensure that there is no confusion or tearing of a single fabric."
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The Federal Supreme Court sets next Wednesday as a date to consider cases of unconstitutionality of the first parliament session
  
{Politics: Al Furat News} The Federal Supreme Court announced that next Wednesday will be the date to consider the unconstitutionality of the first parliament session.
 

And the court’s media stated, in a statement that {Euphrates News} received a copy of it, that: “At nine o’clock in the morning on Wednesday, 19/1/2021, a date was set for the consideration of the two lawsuits No. 5/Federal/ 2022 and 6/ Federal/ 2022, which were filed by the plaintiff in the name of Khazal Khashan and Prosecutor Mahmoud Dawood Salman Ali the Speaker of Parliament,
in addition to his job to challenge the constitutionality of the first session of the Iraqi Council of Representatives in its fifth session.

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The Federal Government sets a date to consider the “unconstitutionality” of the first session of Parliament

161202213251641805314497.jpeg
 

PM:04:15:16/01/2022

1788 views

 
 
Today, Sunday, the Federal Supreme Court set the date for considering the two cases regarding the unconstitutionality of the first session of Parliament.
 
The court said in a statement seen by NRT Arabiya, that it "set at nine o'clock on Wednesday morning, corresponding to 01/19-2022, the date to consider the two lawsuits numbered 5 / federal / 2022 and 6 / federal / 2022, which were filed by the plaintiff in the name of Khazal Khashan and the plaintiff, Mahmoud Daoud Salman. The Speaker of the Council of Representatives, in addition to his job, must challenge the constitutionality of the first session of the Iraqi Council of Representatives in its fifth session.
 
 
The Federal Court had decided to temporarily suspend the work of the elected Presidency of the Parliament, based on a lawsuit filed by Representative Basem Khashan.
 
The decision was issued in the court session, Thursday, January 13, to consider the request of Representative Basem Khashan to issue a wilaya order against the Speaker of Parliament, Muhammad al-Halbousi, "because there are constitutional violations and violations of the internal system of the House of Representatives."
 
The request included "stopping all measures taken and taken by the House of Representatives, its speaker and two deputies" until the case is resolved.
 
The court decided, based on the lawsuit, to temporarily suspend the work of the Presidency of the House of Representatives pending a decision on it.
 
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Al-Samarrai confirmed that the matter will continue until the appeal is decided in the first session

Ultra Iraq - Editorial Team

The legal expert, Dr. Muhammad Al-Samarrai, commented on the Federal Court’s order to temporarily suspend the work of the Presidency of the House of Representatives elected in the first session of the fifth session.

Al-Samarrai said in a statement to "Ultra Iraq", that "the guardianship order is a temporary order or decision stipulated in the pleadings law, to allow the court to wait until the case is resolved," noting that "this temporary order does not affect the origin of the right."

Al-Samarrai added, "The state order to stop the work of the Presidency of the Parliament is valid until a ruling on the origin of the lawsuits filed regarding the legitimacy of the first session and its outcomes," stressing at the same time that "the matter is a new precedent and an important role played by the Federal Court in controlling the rhythm of the constitutional mechanisms."

The legal expert explained, “The work of the Presidency of the Parliament is suspended and frozen from today until a final and decisive decision is issued in the case before the Federal Court,” noting that “issuing a decision to dismiss the case means the end of the state order, or the court may withdraw and cancel it according to its opinion and appreciation. for position".

Al-Samarrai stated, "The plaintiff's victory in the case and the issuance of a final decision on the origin of the case by canceling the outcomes of the first session means that the temporary state order will turn into a final decision, and will result in the nullification of the process of electing the Presidency of the Parliament and the restoration of nomination and voting procedures."

And the Federal Supreme Court, earlier, issued a clarification after issuing the decision to suspend the presidency of Parliament temporarily.

A court statement, January 13, stated that “the state order issued on January 13 submitted as part of the lawsuit to challenge the validity of the procedures for the session of the House of Representatives on January 9 (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 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.

The statement added, "These constitutional periods and constitutional benefits are affected in only one case, if a final decision was issued to cancel the procedures for the session of the House of Representatives on January 9, 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 procedures are completed. Notify the defendant in addition to his job.

Judge Rahim Al-Ugaili said in a statement today that the Federal Supreme Court's order to stop the work of the Presidency of the elected House of Representatives has direct and indirect effects. Disrupting the work of the constitutional deadlines that necessitated taking measures to fill the highest state positions and form the government on dates set by the constitution, such as the election of the President of the Republic and the assignment of the Prime Minister and what follows.

At the same time, Al-Ugaili stressed that “the guardianship order does not mean anything in the case, so it is not a ruling that the first session is unconstitutional, nor is it a ruling that any procedure in it is illegal, and that it is not considered acceptance of the case nor any conviction about it from a legal and constitutional point of view. A temporary measure that prevents the arrangement of successive and unavoidable effects if it appears that the plaintiffs are justified in the two lawsuits that they instituted only.

And the Federal Court decided to temporarily suspend the work of the elected Presidency of the Parliament, based on a lawsuit filed by Representative Basem Khashan.

The decision was issued in the court session, Thursday, January 13, to consider MP Basem Khashan's request to issue a loyalty order against Parliament Speaker Muhammad al-Halbousi "because there are constitutional violations and violations of the internal system of the House of Representatives."

The request included "stopping all measures taken and taken by the House of Representatives, its speaker and two deputies" until the case is resolved.

The court decided, based on the lawsuit, to temporarily suspend the work of the Presidency of the House of Representatives pending a decision on it.

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Al-Sadr demanded a "national" opposition to his planned government

Ultra Iraq - Editorial Team

On Thursday, the leader of the Sadrist movement, Muqtada al-Sadr, considered the appeal movement in the first parliament session "the first steps to find an opposition", in the first comment on the decision to freeze the parliament's presidency by the Federal Court.

Al-Sadr said, "If the Federal Court's decision to temporarily suspend the work of the Presidency of Parliament without pressure from here and there, then it is the first step to finding opposition in Parliament and not resorting to violence against the formation of a national majority government."

He added, "But our hope is that the opposition will work for the common good 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 to obstruct it for the sake of political gain, because the interest of the people is higher and more valuable than partisan, sectarian and political interests."

He continued by saying, "The opposition and loyalty come together to save Iraq from the clutches of occupation, normalization, terrorism, corruption and dependency."

Al-Sadr concluded, "We demand that you be a national opposition, just as we are committed to the ethics of a national majority government."

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 Baghdad: Shaima Rashid 
 
Attention is directed towards the Federal Supreme Court, which has set next Wednesday as a date to consider the constitutionality of the first parliament session or not. The political forces confirmed their full commitment to any decision issued by them.
Next Wednesday, the Federal Supreme Court will consider the two lawsuits regarding the unconstitutionality of the first session of the House of Representatives, which were established by Representatives Basem Al-Khashan and Mahmoud Al-Mashhadani against the Speaker of the House of Representatives, Muhammad Al-Halbousi, to challenge the constitutionality of the first session of the House of Representatives in its fifth session.
Amid a state of anticipation of what the court will decide, the political community is still in a state of controversy and lack of clarity in vision regarding this decision.
The coordination framework expected the court to rule on repeating the “second half” of the hearing. Member of the framework Aref Al-Hamami said in an interview with “Al-Sabah”: “The Federal Court may cancel the procedures until the head of the age is out, because the session procedures for the deputies to take the constitutional oath are legal and there is no problem with them, but the confusion, confusion and lawsuits that were filed relate to the second half of the session.” .
He added that "in the event that the court decides to repeat the first session, the re-nomination of the same names for the presidency of Parliament will be left to negotiations and returning the blocs to their political positions as a result of the repercussions and the internal and external interference that appeared to the public," noting that "some political statements about the presence of external interference, moved The street, the educated classes and other parties to stand up to it, and we hope the political blocs will reconsider their positions.”
As for the Kurdish component, it considered that "the Federal Court, even if it ruled to repeat the first session, and this is unlikely, there will be no change in the previous situation, which is currently just delaying and confusing the political process."
Member of the Kurdish component Majid Shankali said, in an interview with Al-Sabah: "We have an agreement with (Determined and Progressive and the Sadrist bloc), and as we passed the Presidency on their names in the first session, they will be passed in other sessions, and in the end the matter will pass, and it is better that there be consensus Shiites, so that there is a kind of partnership between the Sadrist bloc and part of the coordination framework in the next government, and this is the best scenarios,” as he put it.
Shankali expected, "The Federal Court will not rule to repeat the session," adding: "The judgment remains for the judiciary in that, and we are committed to what the court decides."
For his part, a member of the Al-Fateh Alliance, Ali Al-Fatlawi, said: "All political forces must (hear and obey) the upcoming Federal Court decision regarding the legitimacy of the first session or not, whether these forces are from the framework, the current, the Kurds or the Sunnis."
• Editing: Abdul Rahman Ibrahim
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Member of the Law: Upcoming scenarios, most notably the unification of the Shiite house and the formation of a joint government
  
{Politics: Al Furat News} A member of the State of Law coalition, Haider Al-Lami, revealed upcoming scenarios, most notably the unification of the Shiite house and the formation of a joint government.
 

Al-Lami said; For the program “Al-Mastra” broadcast by Al-Furat satellite channel tonight: “The political process today is going through previous and upcoming crises, and the first session has its money and what it has to do, and the election and what happened to the president of the age, Mahmoud al-Mashhadani, and the change of the older personality. in the House of Representatives."
He added, "The Federal Court will decide on the matter and the coordinating framework more than abide by its final decisions."
However, Balami said, "The fifth article of the Iraqi constitution includes the administration and presidency of the oldest for the first session of Parliament, and the Federal Court took the appeals of the first session because it is valid." 
He revealed "several solutions and future framework scenarios, most notably the unification of the Shiite house and the formation of a joint government." 
Al-Lami said, "The framework will build its political house completely internally in order to remain united in the coming days, so we want to cross the political process to safety." 
Regarding the meeting of the head of the Al-Fateh Alliance Hadi Al-Amiri with the President of the Kurdistan Regional Government, Masrour Barzani, Al-Lami said, "Barzani's reception to Al-Amiri is an attempt to correct the situation, and everyone should calm the scene and gather the political papers and homes because the situation does not bear any convulsions." 
Al-Lami concluded, "There will be an agreement between the framework and the Sadrist movement, and we want a prime minister to cross the stage."

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After the storm of the Federal Court to stop the Presidency of Parliament, what is the fate of Al-Halbousi?

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PM:05:03:18/01/2022

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NRT Arabic - Salah Hassan Baban
The Iraqi street is awaiting the decision of the Federal Supreme Court, which will hopefully be issued soon, regarding lifting the ban on the work of the Presidency of the House of Representatives, which was elected on the ninth of this month, and releasing the hand of the elected body, after its state order to stop it, after considering the lawsuits filed by Representatives Mahmoud al-Mashhadani and Bassem Khashan, who demanded the annulment of the election of the Presidency of Parliament.
 
On the ninth of January, the House of Representatives held its inaugural session, which included taking the constitutional oath to the deputies, voting on Muhammad al-Halbousi as Speaker of Parliament, Hakim al-Zamili as first deputy, and Shakhwan Abdullah as second deputy.
 
Between the validity of the session and its legal absence, opinions were divided by presenting several possibilities for the decision of the Federal Court, but all of them do not stand in the way of the possibility of retaining Al-Halbousi and his two deputies in the Presidency, based on the nature of political consensus and the prevailing political custom in the distribution of sovereign positions in Iraq since a year 2003, specifically the presidential ones.
 
Legal expert Tariq Harb expects that "the fate of the two lawsuits will be a response, and their result will be rejection. The Supreme Court's issuance of a loyalty order in this regard does not affect this, because the evidence presented by the Mashhadani and Khashan plaintiffs does not rise to the level of legal evidence that can establish a ruling issued by the Supreme Court in favor of the Mashhadani plaintiffs. And Khashan against the Presidency of the House of Representatives.
 
However, Harb does not deny the existence of the possibility, albeit weak, of annulling the session, and it is possible for the Council to hold another session in which Al-Halbousi and his two deputies will be chosen, as happened in the first session.
 
Legally, Harb admitted to NRT Arabia that the session was correct and there was no legal problem in it, contrary to the constitution, which did not mention that the oldest session chair should be the same person, meaning that another older person can take over the session in the event of an emergency order preventing the first president Older than continuing to chair the meeting.
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1 hour ago, dinarham said:

  It stands to reason that we are not privey to what the hell is really going. Hang tough , you crazy diamonds ,it will all be worth it

We’ll after being in this game as long as I have, I will have either learned an amazing lesson on being patient, having Diamond hands, believing in my Gut, Prophecies, Speculation….. Or I will have Beautifully Colored Wall Paper for my half bath on the lower level of my home. ( A constant reminder never to trust my gut again!) It could have just been a bad piece of fish I ate before making the jump into the Iraqi Dinar! 🤣😂😝

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 2022-01-19 03:54
 

Shafaq News/ The Federal Supreme Court, the highest judicial authority in Iraq, announced on Wednesday the postponement of the plea to challenge the constitutionality of the first parliament session until next Tuesday, 25 January.

Shafaq News Agency's reporter, who attended the appeal hearing on two lawsuits regarding the constitutionality of the first session of the Iraqi parliament in its fifth session, said that the Federal Court was satisfied with taking the statements of both parties.

On January 13, the Federal Supreme Court issued a decision to temporarily suspend the work of the Presidency of the Iraqi Council of Representatives, after two lawsuits filed by independent MP Basem Khashan and Representative Mahmoud Dawoud Salman regarding the first session and the similar 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.

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Today .. a decisive session of the Federal Court on the constitutionality of the first session of Parliament
  
{Political: Al-Furat News} The Federal Supreme Court will hold its session shortly {the ninth hour} this morning, Wednesday, to consider the two numbered lawsuits filed by the plaintiff, Representative Basem Khazal Khashan and the plaintiff, Representative Mahmoud Daoud Salman, to the Speaker of the House of Representatives, in addition to his job to challenge the constitutionality of the first session of the House of Representatives. its fifth session.

On the 13th of this month, the court issued a decision suspending the work of the Presidency of the House of Representatives (the president and his two deputies), whom Parliament voted on in its first session, on January 9.
This decision came at the request of the two deputies, who said, through their lawyers, that the session that witnessed the election of the Presidency was “marred by legal and constitutional violations,” and according to the court’s decision, the work of the Presidency of the Parliament will stop until the lawsuit filed by the objectors is resolved.

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00:00 / 00:00
 
 
The Federal Court begins considering the appeal submitted about the first session of Parliament
  
{Local: Al Furat News} The President and members of the Federal Supreme Court entered the session hall designated to consider the legality of the first session of Parliament.

The Federal Court began examining the two numbered lawsuits filed by the plaintiff, Representative Bassem Khazal Khashan and the plaintiff, Representative Mahmoud Dawoud Salman Ali, the Speaker of the House of Representatives, in addition to his job to challenge the constitutionality of the first session of the House of Representatives in its fifth session.

The court decided to unify the two lawsuits around the first parliament session.

On the 13th of this month, the court issued a decision suspending the work of the Presidency of the House of Representatives (the president and his two deputies), whom Parliament voted on in its first session, on January 9.
This decision came at the request of the two deputies, who said, through their lawyers, that the session that witnessed the election of the Presidency was “marred by legal and constitutional violations,” and according to the court’s decision, the work of the Presidency of the Parliament will stop until the lawsuit filed by the objectors is resolved.

 

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Khashan calls on the Federal Court to invalidate the first session of Parliament and return it
  
{Political: Al Furat News} The Federal Court session is now taking place to consider the case submitted by Representative Basem Khashan to appeal in the first session of Parliament.

Khashan said in the current session, "What happened in the first session of Parliament is a show of strength and nothing more." 

Khashan called for "considering the first session of Parliament and its outcomes as unconstitutional, and to repeat it." 

While the Federal Court wrote down the defendant's notes and the reasons for the departure of the age chief, Mahmoud al-Mashhadani, from the session

The President of the Federal Court received new payments related to the first session of Parliament. 

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  •  Time: 01/19/2022 11:53:36
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The Federal Court postponed its session to the 25th of this month
  
{Political: Al Furat News} The Federal Supreme Court postponed its review of the first session of the House of Representatives and its constitution to the 25th of this month.

Today, the court heard the pleadings and interventions of the plaintiff and the defendant's attorneys.

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Today, Wednesday, the judiciary in the Supreme Judicial Council rejected Khamis al-Khanjar's appeal regarding the decision to remove him from the presidency of the Azm Alliance.

The commission approved, according to documents received by Alsumaria News, "the Election Commission's decision to isolate Khamis al-Khanjar and choose Muthanna Abdul Samad al-Samarrai as head of the Azm Alliance, while it considered it a definitive decision."

It is noteworthy that after the decision of the Board of Commissioners on 9/1/2022 to dismiss Khamis Al-Khanjar from the presidency of the Azm Alliance, Al-Khanjar returned to submit an appeal against the Commission’s procedures with the judiciary, which in turn rejected the appeal.
 
 
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information / special

Member of the State of Law Coalition, Mahmoud al-Salami, stated, on Wednesday, that the court's postponement of the case for the first parliamentary session came as a result of strengthening it with new evidence.

Al-Salami said, in a statement to the "Information" agency, that "MP Basem Khashan came with a new set of evidence that reinforces the lawsuit against the first session and its legitimacy, and the deputy deputy and head of the age, Mahmoud al-Mashhadani, submitted a report showing the effects of bruises and proving the assault that took place inside the parliament dome."

He added that "the postponement of the Federal Court's decision on the case until the 25th of this month, came for the purpose of examining the new evidence and reaching a correct decision, which is a positive postponement in favor of the case."

Representative Durgham al-Maliki considered, earlier, the postponement of the issue of challenging the legitimacy of the first session of the House of Representatives as a correct decision and another opportunity for the political forces to complete their understandings, likely that the Federal Court would issue an explanatory statement related to addressing the constitutional timings.

The Federal Court had decided, earlier, to postpone the decision on the appeal in the first parliament session to the 25th of this month.

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