The Federal Court will hear three cases related to the elections and the opening session of Parliament

[yota691]

 

Tomorrow, the Federal Court will hear three cases related to the elections and the opening session of Parliament

 

 2022-03-12 15:27

 

 

Shafaq News/ The Federal Supreme Court (the highest judicial authority in Iraq) is scheduled to hold sessions tomorrow, Sunday, to consider three cases submitted to it regarding the early legislative elections that took place last October, in addition to the opening session of the House of Representatives, which resulted in the selection of a commission Presidency of Parliament.

The first lawsuit is against the Chairman of the Board of Commissioners of the Independent High Electoral Commission / in addition to his job, and the subject of the lawsuit includes not ratifying the results of the Iraqi parliament elections, and obligating the commission to manually count and count all polling stations for the third district / Nineveh governorate and obligating them to correct the electoral participation rate on the basis of They have the right to vote according to the constitution and not on the basis of who owns the voter's card.

As for the second lawsuit against the head of the third tooth, Khaled Hassan Al-Daraji, a member of the Iraqi parliament, it includes a request to annul the session chaired by the second tooth reserve (Khaled Al-Daraji) and all that resulted from it.

Meanwhile, the third lawsuit was filed against the Chairman of the Board of Commissioners by the plaintiff (Ola Odeh Laith Shanawa), who requested that the violations that led to her failure to win a parliamentary seat in the fourth electoral district in Dhi Qar governorate within the women's quota system be addressed, and asked to enable her to obtain a seat.

The claims are as follows:

 

[yota691]

Observers warn of a new constitutional breach

Thursday 17 March 2022 444

 

 Baghdad: Shaima Rashid 

 

Observers and politicians warned of a new breach and violation of the constitutional timings after Parliament called for a session to elect the President of the Republic on Saturday, March 26, and indicated that the failure of Parliament in this file amid continuing differences between the blocs will lead us to political chaos, and that all scenarios are open and the country may enter into labyrinths. Unbelievable.

In his interview with Al-Sabah, Member of Parliament Jawad Al-Bolani expressed his "fear that there will be new violations of the constitutional timings if the session for selecting the president of the republic set by Parliament fails," noting that "all scenarios will be presented afterwards," calling on "the blocs". political parties to an agreement before the date of the session.

He added that "the political forces are required to step up and achieve the constitutional benefits through strong and clear understandings," noting that "the political forces sense the seriousness of this constitutional breach, because by repeating the breach it will be difficult to remain silent about it, and there will be other procedures that the judiciary and the Federal Court may resort to." .

As for the legal expert, Haider Al-Sufi, he explained in an interview with “Al-Sabah” that “the Federal Court cannot intervene under the constitution if the parliament session specified to choose the President of the Republic is not held, unless an appeal is submitted before it by a party, bloc or civil society organizations, then it issues Its decision, and it cannot interfere on its own, except on the basis of moving a case only,” noting that “the powers of the court do not enable it to repeat the elections or dissolve Parliament, but its powers only to say: (Delaying the selection of the President of the Republic is a constitutional violation) because Parliament has exceeded a month This is the prescribed constitutional period, and Parliament must elect the President of the Republic within a short period.

He added, "If the session is not held, the parliament will violate the constitution, but the violation in the constitution is not determined by anyone or judged by other than the Federal Court, which must take place through the establishment of a lawsuit," noting that "not holding a session is normal, and it will not Once again, the door for candidacy is opened, and the same candidacies remain even if the matter continues for a whole year, as Parliament is considered to be in contravention of the constitution and will not be the first violation. As for the elections, they will be repeated if Parliament is dissolved in the ways specified by the constitution.

In addition, political analyst Iyad Al-Anbar explained in an interview with "Al-Sabah", that "the court's decision that dealt with the case of overstepping the constitutional timings specified the reopening of the nomination for the election of the President of the Republic once," noting that "if the constitutional timings are violated, there will be a violation of the decision The Federal Court, but in Iraq these things have become almost normal, and we do not think that they will result in legal situations.”

He added, "We will enter at that time, not as some describe it as a political blockage, but rather a political chaos with the survival of a government without powers and without clear and explicit tasks and disrupting the country for the sake of the problem of consensus."

[yota691]

Al-Kinani: The Federal Court May Issue A Decision To Dissolve Parliament And Hold Early Elections

Last update March 17, 2022

The Independent - A member of the Al-Fateh Alliance, Ahmed Al-Kinani, said that the Federal Court may issue a decision to dissolve Parliament, hold early elections, and repeat the scenario of 2018 in the event that the largest bloc is not determined, while noting that the political blockage "deepened" and the constitution "dismissed the wall."

In a televised interview, Al-Kinani said, "The absence of consensus will cause the political crisis to continue," stressing that "the session to elect the president will not proceed with a boycott of the Shiite framework and the National Union."

 

He added, "The Federal Court may issue a decision to dissolve parliament and hold early elections," noting that "the 2018 scenario will be repeated if the largest bloc is not determined."

 

Al-Kinani stressed, “The Shiite majority cannot be excluded, and the negotiations of the Shiite framework and the Sadrist movement did not achieve results, and the obstruction deepened,” noting that “the situation in Iraq does not bear the principle of loyalty and opposition.”

 

He explained, "The scene will become more complicated due to the lack of consensus on the largest bloc," noting that "the constitution repeatedly hit the wall."

[yota691]

Two dates for electing the President of the Republic .. Will the Federal Court intervene to dissolve the House of Representatives?

political| 04:44 - 19/03/2022

 

 

 

 

Baghdad - Mawazine News
, today, Saturday, legal expert Ali Al-Tamimi revealed two dates for electing the President of the Republic by the House of Representatives, while indicating the possibility that the Federal Court would intervene to dissolve the House of Representatives.
Al-Tamimi said in a statement that Mawazine News received a copy of it, that "the procedures for electing the new president of the republic are as follows:
1. According to the Federal Court’s decision to open the door for nomination for the position of President of the Republic for one time only No. 24 of 2022, the Presidency of Parliament has a period of 30 days in accordance with Article 72 II of the Iraqi Constitution from March 6 to April 6, during which the President of the Republic is elected in a binding manner.. After setting the date of March 26 to hold the session, in the event that the new President of the Republic is not chosen, the parliament presidency can postpone it until April 6 only.. It is solvable..and perhaps..the parliament will be dissolved at the request of a third of the members and the approval of the absolute majority of the number of members in accordance with Article 64 of the constitution or by a decision of the Federal Supreme Court if it is a referendum..and we will be..in both cases..in front of new early elections...and the government will continue Present day-to-day affairs..according to the same article above..  
2. In the case of starting to vote on choosing the new President of the Republic, who stipulated the Federal Court’s decision to open the session with a two-thirds majority of 220 deputies and to be present at the start of voting in accordance with the Federal Court’s decision to open the nomination door with this percentage in the first round and if none of the candidates obtained this In the ratio, we are facing a second round in which the competition is limited to the first and second highest winners, and either of them gets the majority of votes, meaning if the first gets 50 votes and the second gets 30, the owner of the 50 votes is the President of the Republic who is president and takes the constitutional oath before Parliament and in the presence of the President of the Federal Court in accordance with Article 70 Constitution and Law 8 of 2012.
3. After that, the President of the Republic assigns the candidate of the most numerous parliamentary bloc within 15 days of taking the oath, which has not yet been determined, assigning him to form the government and the government curriculum within 30 days of his assignment in accordance with Article 76 of the Constitution with all its details. End 29/h

[yota691]

A new proposed date for electing the President of the Republic.. How can the dissolution of Parliament be achieved?

 

 

458 Policy 2022/03/19 16:19 Baghdad today -

Baghdad Today, Saturday, the legal expert, Ali Al-Tamimi, revealed a new proposed date for the election of the President of the Republic.

 

In a statement received by (Baghdad Today), Al-Tamimi specified the procedures for electing the new president of the republic as follows:

 

1. According to the decision of the Federal Court to open the door for nomination for the position of President of the Republic for one time only No. 24 of 2022.. The Presidency of Parliament has a period of 30 days in accordance with Article 72 II of the Iraqi Constitution from March 6 to April 6, during which the President of the Republic is elected in a binding manner. After setting the date of March 26 to hold the session, in the event that the new President of the Republic is not chosen, the Parliament presidency can postpone it until April 6 only.. It is not solvable..and perhaps..the parliament will be dissolved at the request of a third of the members and the approval of the absolute majority of the number of members in accordance with Article 64 of the constitution or by a decision of the Federal Supreme Court if it is a referendum..and we will be..in both cases..before new early elections...and continue The current government manages daily affairs, according to the same article above.

 

2. In the case of starting to vote on choosing the new President of the Republic, who stipulated the Federal Court’s decision to open the session with a two-thirds majority of 220 deputies and to be present at the start of voting in accordance with the Federal Court’s decision to open the nomination door with this percentage in the first round and if none of the candidates obtained this In the ratio, we are facing a second round in which the competition is limited to the first and second highest winners, and either of them gets the majority of votes, meaning if the first gets 50 votes and the second gets 30, the owner of the 50 votes is the President of the Republic who is president and takes the constitutional oath before Parliament and in the presence of the President of the Federal Court in accordance with Article 70 Constitution and Law 8 of 2012.

 

3. After that, the President of the Republic assigns the candidate of the most numerous parliamentary bloc within 15 days of his taking the oath, which has not yet been determined.

[yota691]

The Coordination Framework Warns Against The Emergency Government And The Dissolution Of Parliament

03/19/2022

148

 

Earth News/ The coordination framework warned, today, Saturday, against going towards an emergency government and dissolving Parliament, due to the political blockage.

And the leader in the framework, Representative Ahmed al-Moussawi, said in an event to “Earth News”, that “the failure of the Iraqi parliament to hold a session to elect the new president of the republic, will prompt the Federal Court to intervene in order to prevent the recurrence of constitutional violations, and this may prompt a decision to dissolve the parliament.” Representatives and announcing an emergency government in the country, until new parliamentary elections are held.

Al-Moussawi indicated that “the political situation in Iraq cannot be maintained as it is, because all constitutional deadlines are violated, due to political differences,” stressing that “the Federal Court is required to have a decisive constitutional opinion and intervention, and the decision remains for it, and the issue of dissolving Parliament is very relevant, Personally, I think it is the best solution to the political impasse.”

[yota691]

A legal expert clarifies the time period for choosing the President of the Republic and reveals the details of dissolving Parliament

• Time: 03/22/2022 15:08:47
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• Reading: 338 times

  

{Local: Al Furat News} Legal expert Ali Al-Tamimi clarified, on Tuesday, the time period for choosing the President of the Republic, revealing that Parliament may be dissolved at the request of a third of the members and the approval of the absolute majority of the number of members or by a decision of the Federal Supreme Court if it is referendum

Al-Tamimi said in a statement that {Euphrates News} received a copy of it, “According to the decision of the Federal Court to open the door for nomination for the position of President of the Republic for one time only, No. 24 for the year 2022.. He is in front of the Parliament for a period of 30 days in accordance with Article 72 II of the Iraqi constitution from the date of 6 March until April 6, during which the president of the republic will be elected in a binding manner,” noting that “after setting the date of March 26 to hold the session, in the event that the new president of the republic is not chosen, the parliament’s presidency can postpone it until April 6 only.”

He added, "If we exceed this period, we will be in front of an explicit violation of the decision of the Federal Supreme Court, which authorized the opening of the nomination door for one time, and we will be facing an irresolvable failure, and Parliament may be dissolved at the request of a third of the members and the approval of the absolute majority of the number of members in accordance with Article 64 of the Constitution or by a decision From the Federal Supreme Court if it takes a referendum and we are in both cases before new early elections, and the current government continues to conduct daily affairs in accordance with the same article above. 

He continued, "In the event that voting begins to choose the new President of the Republic, who stipulated the Federal Court's decision to open the session with a two-thirds majority of the total number of Parliament, this means 220 deputies and that they were present at the start of voting in accordance with the Federal Court's decision to open the nomination door with this percentage in the first round. If any of the candidates gets this percentage, we will be facing a second round in which the competition is limited to the first and second highest winners, and either of them gets the majority of votes, meaning if the first gets 50 votes and the second gets 30, the owner of the 50 votes is the President of the Republic who is the president and takes the constitutional oath before Parliament and in the presence of President of the Federal Court in accordance with Article 70 of the Constitution and Law 8 of 2012.”

He indicated that "the President of the Republic then assigns the candidate of the parliamentary bloc, the most numerous within 15 days of taking the oath, which has not yet been determined, to form the government and the government curriculum within 30 days of his assignment in accordance with Article 76 of the Constitution in all its details." 

From Raghad Daham

[DoD]

Well this explains the intent of Al Maliki and his Iranian regime.

It also appears to be working so far.

We will find out on Saturday if he succeeded…

[shixjr]

Is this saying that this all HAS to be settled by April 6th?

[yota691]

17 hours ago, DoD said:

Well this explains the intent of Al Maliki and his Iranian regime.

If this is what happens Al-Kazemi remain the Prime Minister and the Care take government continue the reforms. The Budget doesn't need to be pass due to the Financial Management law...So many new faces in Parliament, you would think they don't wanna lose that seat.  So many unanswered question...GM DoD and all of DV....

[yota691]

What about political 'blockage' solutions?

The Iraqi Supreme Judicial Council issues a statement regarding the mechanism of “dissolving parliament” and its relationship to it

2022.03.22 - 18:43

 

  

Baghdad - people   

The Supreme Judicial Council confirmed, on Tuesday, that there is no constitutional or legal basis for dissolving Parliament, while noting that the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution.  

 

  

The Media Center of the Supreme Judicial Council stated in a statement, a copy of which was received by "Nas" (March 22, 2022), that "Iraq is a constitutional and political system country and the mechanisms for forming authorities in it are based on the principles and provisions set by the Constitution of the Republic of Iraq for the year 2005, which stems from the will of the Iraqi people." who chose his political system according to the form stipulated in the constitution,” adding that “political problems are dealt with in accordance with the constitutional provisions only, and no party, whether judicial or otherwise, may impose a solution to the political blockage except in accordance with the provisions of the constitution.”  

And she indicated that "the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution and its summary is that the House is dissolved by an absolute majority of the number of its members with two options, the first at the request of a third of its members, and the second at the request of the Prime Minister and with the approval of the President of the Republic."  

And he continued, "From this text, it is clear that no other party, including the judiciary, in both its ordinary and constitutional parts, has the power to dissolve Parliament, because there is no constitutional or legal basis for this procedure."  

[yota691]

The Supreme Judicial Council: The mechanisms for dissolving the House of Representatives are restricted by the text and summary of Article 64 of the Constitution

• Time: 03/22/2022 18:44:06
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• Reading: 2,041 times

  

{Politics: Al Furat News} Today, Tuesday, the Supreme Judicial Council issued a clarification regarding the political blockage and the dissolution of the House of Representatives.

 

The Media Center of the Judicial Council, in a statement received by {Euphrates News} a copy of it, said: “Iraq is a constitutional country and political system and the mechanisms for forming authorities in it are based on the principles and provisions set by the Constitution of the Republic of Iraq for the year 2005, which stems from the will of the Iraqi people, who chose their political system according to the form provided for in the Constitution.

He added, "The handling of political problems is carried out in accordance with the constitutional provisions only, and it is not permissible for any party, whether judicial or otherwise, to impose a solution to the political blockage except in accordance with the provisions of the constitution."

The Council indicated, “The mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution, and its summary is that the House is dissolved by an absolute majority of its members with two options, the first at the request of a third of its members, and the second at the request of the Prime Minister and with the approval of the President of the Republic.”

He concluded his statement by saying, "From this text, it is clear that no other party, including the judiciary, in both its ordinary and constitutional aspects, has the power to dissolve the parliament because there is no constitutional or legal basis for this procedure."

[yota691]

Legal expert: The current government does not have the right to dissolve Parliament and elect the President of the Republic, extending to April 6

• Time : 03/22/2022 21:27:00
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• Reading: 1,859 times

  

{Political: Al Furat News} A legal expert said that the caretaker government headed by Mustafa Al-Kazemi has no right to dissolve Parliament.

Ali Al-Tamimi told Al-Furat: "Next Saturday's session will determine whether or not parliament is dissolved. We have 30 days, according to the constitution, to elect the president of the republic, but it should not exceed the date of April 6 next, because we will enter into the forbidden."
And he indicated, "The decision of the Federal Court confirmed one extension, and in the event that the period is exceeded, we will return to Article 64 of the Constitution, which is to dissolve Parliament in two ways, either by dissolving itself at the request of a third of the members and by voting by an absolute majority or by a joint request by the presidents of the republic and ministers, and by voting by a majority of members."
Al-Tamimi pointed out, "The caretaker government does not have the legal right to dissolve the House of Representatives," noting that "the Federal Court does not move automatically except by a referendum by Parliament or a lawsuit."
He explained, "The constitution is devoid of solving the problem of the constitutional deadlines for electing the president of the republic. Parliament has the right to dissolve itself and no one else has the authority over it," expecting that "things will be resolved in next Saturday's session to avoid problems."
The Supreme Judicial Council had announced today that "there is no constitutional or legal basis for dissolving Parliament and that it does not have the authority to do so."
And he indicated that "the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution and its summary is that the House is dissolved by an absolute majority of its members with two options, the first at the request of one-third of its members, and the second at the request of the Prime Minister and with the approval of the President of the Republic."
The Supreme Judicial Council stressed that "no party, whether judicial or otherwise, may impose a solution to the political blockage except in accordance with the constitution."

[yota691]

 

After al-Maliki's tweet.. the Supreme Judiciary expresses an opinion on dissolving the Iraqi parliament

 

 2022-03-22 12:17

 

Shafaq News/ The Supreme Judicial Council in Iraq said today, Tuesday, that the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution, indicating that the treatment of political problems is carried out in accordance with the constitutional provisions only.

 

The media center of the Supreme Judicial Council said, in an explanatory statement, received by Shafak News Agency, that Iraq is a constitutional country and its political system and the mechanisms for forming authorities in it are based on the principles and provisions set by the Constitution of the Republic of Iraq for the year 2005, which stems from the will of the Iraqi people, who chose their political system according to the form stipulated in the constitution.

 

He added that the treatment of political problems is carried out in accordance with the constitutional provisions only, and it is not permissible for any party, whether judicial or otherwise, to impose a solution to the political blockage except in accordance with the provisions of the Constitution, stressing that the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution and its summary is that the House is dissolved by an absolute majority of the number of Its members have two options, the first of which is at the request of one third of its members, and the second is a request from the Prime Minister and with the approval of the President of the Republic.

 

From this text, it is clear, according to the Supreme Judiciary, that no other party, including the judiciary, in both its ordinary and constitutional parts, has the power to dissolve Parliament because there is no constitutional or legal basis for this procedure.

Article 64 of the Iraqi constitution provides for two paragraphs:

First: The Council of Representatives is dissolved, by an absolute majority of its members, at the request of one-third of its members, or a request from the Prime Minister and with the approval of the President of the Republic. The Council may not be dissolved during the period of questioning the Prime Minister.

Second: The President of the Republic, upon dissolving the House of Representatives, calls for general elections in the country within a maximum period of sixty days from the date of the dissolution, and in this case the Council of Ministers is considered resigned, and continues to run daily affairs.

 

 

The leader of the State of Law coalition, Nuri al-Maliki, refused, earlier on Tuesday, to dissolve the parliament and re-election, and indicated in a tweet to him on Twitter that the coordination framework would stand firmly against this option, and also stressed that raising this matter aims to "scare" the deputies. Independents and prompted them to participate in the next parliamentary session.

 

Al-Maliki is considered one of the poles of the Shiite coordination framework, which is trying to provide the blocking third in Parliament to confront the tripartite alliance, of which the leader of the Sadrist movement, Muqtada al-Sadr, is one of its poles, and which seeks with his alliance to achieve a government of "national majority" in exchange for the government of "consensual" which the coordination framework calls for, while Parliamentary calls and demands are being made to win the favor of the independents, who will currently be the egg in support of the two parties' directions.

[yota691]

Basem Khashan to the Federation again: I will appeal all violations of the House of Representatives

2022.04.01 - 09:57

 

Baghdad - people  

On Friday, the independent deputy, Basem Khashan, sent a letter to the Federal Supreme Court, stressing that he will appeal all violations of the House of Representatives.  

  

Khashan said in a lengthy post on his Facebook account, followed by “Nas” (1 April 2022), “The House of Representatives did not form a committee to amend Article 72 of the House of Representatives’ bylaws, item (Second) of which stipulates that permanent committees shall present The Council has to vote on it in one list, as the Presidency has amended it and presented it to the Council in the presence of the Allies alone, and without the vote on this amendment being placed on the agenda of the session . ”  

  

He added, "It is likely that the idea of presenting the names of the members of the Legal Committee was an emergency, and it was for a well-known purpose in the same Jacob, but I do not follow the conjecture, and what concerns me here are the serious constitutional violations committed by the Presidency, as this body did not take a single step that is consistent with the Constitution from even this moment . "  

Khashan considered the following to be purely constitutional violations:  

 

1 - Voting on the incomplete financial committee, excluding specialists in economics and financial management, contrary to Article ( 69 ) of the bylaw, and including those who have no experience or competence .  

 

2 - Presenting the Food Security Law submitted by the caretaker prime minister in contravention of the internal system of the Council of Ministers, and in contravention of the constitution.  

 

3 - Opening the door for candidacy for the position of President of the Republic by a unilateral decision of the Presidency, and this decision was overturned by the Federal Court.  

 

4- Voting on committee members individually, contrary to Article ( 72 / Second ) of the internal system.  

He said: "As for the council's decision to exclude me from the legal committee, it is a decision that I will appeal for violating the provisions of Article ( 69 ) of the bylaw, and I will appeal all the aforementioned violations, because building the state on foundations that violate the law will lead to its collapse, and will make legal and constitutional texts like poems. Spinning is not suitable for anything but singing.

[yota691]

Including the committees.. Khashan announces his intention to appeal “violations” to the House of Representatives before the Federal Court

• Time: 04/01/2022 10:12:50
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• Reading: 1,196 times

  

{Political: Al Furat News} Independent MP Basem Khashan announced his intention to appeal with "violations" to the House of Representatives before the Federal Supreme Court.

Khashan said in a post on his Facebook page: "We will rebuild what the council has destroyed, as it did not form a committee to amend Article 72 of its bylaw, item (Second) of which stipulated that the permanent committees would be submitted to the council for voting in one list," pointing out that The Presidency of the Parliament amended and presented this article to the Council in the presence of the Allies alone, and without putting a vote on this amendment on the agenda of the session.

He continued, "The Presidency has committed grave constitutional violations, as this body has not taken a single step that is consistent with the Constitution from date to date, which are:

1- Voting on the incomplete finance committee, excluding specialists in economics and financial management, contrary to Article (69) of the bylaw, and including those who have no experience or competence.

2- Presenting the food security law submitted by the caretaker prime minister in contravention of the internal system of the Council of Ministers, and in contravention of the constitution.

3- The door for candidacy for the position of President of the Republic was opened by a unilateral decision from the Presidency Commission, and this decision was overturned by the Federal Court.

4- Voting on committee members individually, contrary to Article (72/Second) of the internal system.

Khashan pointed out that "the parliament's decision to exclude me from the legal committee, it is a decision that I will appeal for violating the provisions of Article (69) of the bylaw, and I will appeal all the aforementioned violations, because building the state on foundations that violate the law will lead to its collapse, and will make legal and constitutional texts like Spinning poems are only suitable for singing!" As he put it.