Federal Court suspends implementation of Resolution No. 251 of 2021 (documents)

[yota691]

Federal Court suspends implementation of Resolution No. 251 of 2021 (documents)

2022.07.24 - 11:05

 

Baghdad - people  

Today, Sunday, the Federal Supreme Court issued a decision suspending the implementation of Resolution 251 of 2021.  

  

 

  

The court explained in a statement received by "NAS" (July 24, 2022), that "the legal principle of the Federal Supreme Court Decision No. 97/Federal/2021, where it finds that through the principle, what is meant by the federal authority mentioned in Article (93/3) of the The Constitution of the Republic of Iraq for the year 2005 implements the federal authorities mentioned in Article (47) of the aforementioned constitution, which stipulates that (the federal authority consists of the legislative, executive and judicial authorities, exercising their powers and duties on the basis of the principle of separation of powers), so the jurisdiction to consider appeal In the procedures issued by the federal authorities when exercising their constitutional powers, within the constitutional competencies of the Federal Supreme Court as stipulated in Paragraph Three of Article 93 of the Constitution of the Republic of Iraq for the year 2005).  

  

And the court added, "The Council of Ministers exercises its constitutional powers in accordance with Article (80) of the Constitution of the Republic of Iraq for the year 2005, and therefore the basis for what it issues is based on the aforementioned article. As for the general policy of the state, the Prime Minister is the direct executive responsible for it, which is The constitutional powers defined by the constitution do not mean the Council of Ministers.  

  

And she added, "The Prime Minister is directly responsible for the general policy of the state, which does not mean the specific constitutional powers of the Council of Ministers, but rather refers to a concept: (a government work program that contains a set of rules that the government is committed to implementing in society, as well as a set of intellectual trends). Which the government seeks to implement its own goal by relying on a set of means and tools, and therefore the public policy includes social goals related to all sectors of life (educational, cultural, health, road sectors), and everything related to providing services to the community).  

  

And it indicated, "because of the presence of urgency in the request for the state order and because it does not affect the origin of the right, and since the implementation of the Cabinet decision at the present time results in a change in the legal positions of those covered by its provisions, which requires based on the provisions of Articles (151 and 152) of the Pleadings Law No. 83 of 1969, as amended. Implementation of the aforementioned decision shall be suspended until the case is resolved.  

  

  

  

  

  

  

  

  

  

  

[DWS112]

3 hours ago, yota691 said:

the implementation of the Cabinet decision at the present time results in a change in the legal positions of those covered by its provisions

 the implementation of the cabinet's decision at present arranges a change in the legal centers of those who are in power (BING Translation)

 

Today, Sunday, the Federal Supreme Court issued a decision suspending the implementation of Resolution 251 of 2021.

[tigergorzow]

Yota Thanks,  Excellent articles keep em coming...DWS112,  Truly appreciate all you bring to us DV Members...👍👍

 

GO RV & RI

[JonnyV]

Hopefully this mean that Kazemi can do what is necessary for the country to move forward without interference from potato head.   

[DWS112]

3 hours ago, JonnyV said:

Hopefully this mean that Kazemi can do what is necessary for the country to move forward without interference from potato head.   

This could be the beginning of a Kazemi seated gov't ? 

[JonnyV]

Why are more members not reading this great news?   The Federal Court doing this is the catalyst to get more things done without Nimrod Potato Head getting in the way.  

[DanP]

This is amazing!! Thanks y’all. 

[T B]

God is good and his mercy indures forever!  oh yes!

[DWS112]

On 7/24/2022 at 8:55 AM, yota691 said:

because of the presence of urgency in the request for the state order

The HEAT is ON!

 

 

[southbeach]

On 7/24/2022 at 1:23 PM, tigergorzow said:

Yota Thanks,  Excellent articles keep em coming...DWS112,  Truly appreciate all you bring to us DV Members...👍👍

 

GO RV & RI

 

[southbeach]

On 7/24/2022 at 11:52 PM, T B said:

God is good and his mercy indures forever!  oh yes!

 

[yota691]

Text of the Federal Court's decision to cancel the assignment of the head of the Sunni Endowment Office

• Time: 07/26/2022 18:18:31
•  
• Reading: 2,223 times

  

{Local: Al Furat News} Today, Tuesday, the Federal Supreme Court issued a decision to cancel the assignment of Abdul Khaleq Al-Azzawi as head of the Sunni Endowment Office.

 

The text of the decision, which {Euphrates News} obtained a copy of, stated: “The federal authorities, including the executive authority, must work within the framework of the principle of legality and the rule of law, even if they use their discretionary powers in order to accomplish their tasks, and thus their use of their discretionary powers is not absolute but rather Restricted within the limits of supervision exercised by constitutional institutions, including the Federal Supreme Court, in implementation of the provisions of Article (93 / III) of the Constitution of the Republic of Iraq for the year 2005.

And he indicated, that issuing a decision that includes assigning a certain person to a position by the Council of Ministers must take into account the availability of the conditions of scientific and practical experience, integrity and efficiency, away from suspicions of corruption, in order to achieve the higher interest of the country, and the ability to strategic planning and facing crises of all kinds and taking all steps In order to preserve public money, he must and for the foregoing, the Federal Supreme Court decided the following:

First: To reject the claim of the plaintiff, Saad Hamid Kambash, regarding the request to cancel paragraph (1) of the Diwani Order No. (450) on 3/6/2022, which includes (terminating Saad Hamid Kambash’s assignment from the tasks of running the affairs of the Sunni Endowment Bureau as an agency), and considering that the termination of his assignment is valid.

Second: The ruling that what was stated in paragraph (2) of the Diwani order (450) on 3/6/2022, which includes (assigning Abdul Khaleq Medhat Malik the duties of the head of the Sunni Endowment Bureau as an agency), is invalid.

Third: Considering the decision issued by the Staff Judiciary Court in the case numbered (819/m/2022) on 11/5/2022 Resolution No. 1176/2022 as null because it was issued contrary to the jurisdiction of the aforementioned court, as it falls within the jurisdiction of the Federal Supreme Court based on the provisions of Article (93/3) of the Constitution of the Republic of Iraq for the year 2005.

The verdict was issued in full agreement and is binding on all authorities and persons, and I understand it publicly.