The Federal Court rejects a new lawsuit to dissolve the House of Representatives (document)

[yota691]

A legal expert sets a date for the Federal Court session to consider the case for dissolving Parliament

• Time: 08/30/2022 13:01:33
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• Reading: 1,001 times

  

{Local: Al Furat News} A legal expert has set the date for holding the Federal Supreme Court session to consider the case for dissolving the House of Representatives.

Haider Al-Sufi said in a press statement today, "The court session has not been held, given that today is an official holiday, but according to the law, it is moved to the first official working day after the holiday."
A judicial source told Euphrates News that "there is no session of the Federal Court, today, Tuesday, to consider the claim of dissolving the House of Representatives due to the official holiday and security developments near the Green Zone."

[yota691]

Federal Court: We did not consider the cases presented due to the curfew

 Ahmed bracelet   5 hours

       

 

 

 Erbil (Kurdistan 24) - The Supreme Judicial Council announced today, Tuesday, that the Federal Supreme Court did not consider the cases presented, due to the curfew imposed since yesterday, due to the ongoing violence in Baghdad.

The council said in a statement that "all courts, including the Federal Court, did not consider the cases presented to it."

"This came because of the general curfew and the disruption of the work of all state institutions," he added.

[horsesoldier]

Just easier to throw your arms up in the air with a nothing we can do than find a way to get it done. Must not be that important after all.

Find a different place outside of your mega comfy chambers, hold session and get it taken care of !!! People are dieing but oh well, guess we can't do anything.

Looks like the only people that give a damn are the dead & dieing & protesters that want their country back.

What a state of affairs.

[yota691]

There are two ways for the federal government to dissolve Parliament.. One of the suitors explains in detail the possibility of this

2022.08.30 - 21:39

 

Baghdad - people  

One of those assessing the case for dissolving the House of Representatives, Lawyer Ali Kamel Al-Taei, said on Tuesday that the Federal Court has two options for dissolving Parliament, the first is “direct” and it deliberately violates constitutional timings, and the other “indirect” is that the same court decided in advance that some articles of the electoral law are unconstitutional By repealing the law, the results of the elections will be annulled.  

  

 

  

  

Al-Taie stated, in a lengthy clarification, followed by “Nass” (August 30, 2022), entitled “The Federal Court’s Possibility to Dissolve the House of Representatives,” that “I did not mention during the previous period that I filed the first lawsuit of the Federal Supreme Court in which we demanded the dissolution of the House of Representatives, in The month of May, and I do not want to dwell on this subject because I will address it later, as the first pleading session was on 7/24/2022 and the second session on 08/17/2022, and it was postponed for the purpose of auditing to 08/30/2022.  

  

He added, "Let's get to the heart of the matter and move away from a previous interpretation of the Federal Court on Article 64 of the Constitution regarding the dissolution of the House of Representatives. We have another opinion that contradicts what the court went to in a previous decision."  

  

The lawyer continued, "The constitutional judiciary is one of the sources of the legal base, and its main source is legislation in its various branches, whether the constitution, laws, and even customs."  

  

Al-Taie explained, “If we examine the pleadings law in Article 30, which states: “No court may refrain from ruling on the grounds of ambiguity of the law or the absence or deficiency of the text, otherwise the judge will be considered abstaining from realizing the right.” The unlawful delay in issuing a judgment is also considered a failure to fulfill the right.” As well as the first article of the Civil Code, which states:  

  

1- Legislative texts shall apply to all issues addressed by these texts in their wording or in their content.  

  

2- If there is no legislative text that can be applied, the court shall rule according to custom, and if it is not found, then according to the principles of Islamic Sharia that are most appropriate to the texts of this law without being bound by a specific school of thought, and if it is not found, then according to the rules of justice.  

  

3- The courts are guided in all this by the provisions approved by the judiciary and jurisprudence in Iraq and then in other countries whose laws converge with Iraqi laws.  

  

He continued, "Although part of civil jurisprudence has the view that the judicial ruling is an explanatory source for the legal base and is not a constructor of it, while some see it as the original source of the legal base, that is, it runs parallel to the legislation, and where some constitutional law jurists see that the ruling issued by the constitutional judiciary is A builder of the legal base and confirming that these two articles were addressed in the pleadings at the Federal Supreme Court.  

  

Al-Ta’i stated, “It is not possible to invoke the ambiguity of the text or its deficiency, and the court also presented theories in constitutional jurisprudence, including the theory of “legislative omission” as well as the theory of “legislative injunction.” To fill this shortfall in the legislative texts, many examples have been given to the court of several similar cases and how the constitutional courts have dealt with them in addition to the decisions issued by the same court in its previous body, as it issued many decisions, which also suffered in the ambiguity or deficiency of the text.  

  

The lawyer added, "Since there are those who see that the effect of any ruling of the Federal Court does not go beyond the contested text only and with a simple and quick glance at the constitution, everyone knows that the writers of the constitution, most of them have simple information about the law and not about constitutional jurisprudence and its philosophy or legal jurisprudence and its philosophy. There is a lack of a number of articles or their ambiguity, or some of them need to be supplemented.”  

  

Al-Taie said, "Here we are facing the theory of legislative omission, as many constitutions have given a wide space to the constitutional courts to amend and add what is considered a fundamental deficiency in the constitutional text in order to contribute to its coverage in all its aspects. Therefore, we note in other international constitutions, as mentioned above, granting the authority to complete texts."  

  

He continued, "Despite the multiple sessions of the House of Representatives, and now we are in its fifth session (for me, I consider it the fourth), it is noticed that all these sessions have not reached the stages of maturity, and the evidence for this is that most of the legislations have been amended once or several times and still need to be re-amendments, especially the election law. Which has become a new legislative norm, which is to reconsider the election law to be amended before each session (according to the mood of the political forces). This is evidence of immaturity.Even the legislation is marred by the arts of drafting legislation. Despite all this, the Federal Court has responded in many decisions in the appeals submitted to it, which need not be mentioned. Among the decisions of the Federal Court issued on 3/1/2022 in the two unified lawsuits, it was stated that (and that all of this presupposes full compliance By the provisions of the constitution ((meaning the inevitable periods mentioned in the constitutional texts)) considering that the constitution is what gives legitimacy to the federal and regional state institutions and otherwise these institutions lose their legitimacy), and this (reprimanded) decision has passed six months without commitment by the House of Representatives.  

  

He stated, "She also indicated in the same decision the necessity of electing the President of the Republic (in a short period) and we submitted to the court an inquiry and question within our pleading about the meaning of the brief period in language, terminology and practice, in return for the absence of a penalty for non-compliance with the court's decisions."  

  

Al-Taie explained, "The court has several options for dissolving the council, including deliberately violating the constitutional timings, and here it has lost its legitimacy. The dissolution of the House of Representatives for itself in March 2021 is to complete the remaining period in the fourth session, meaning that this session is the completion of the fourth session and is not considered a fifth session.  

  

The lawyer added, "There are also two ways to resolve, one of which is direct, as we mentioned earlier, and indirect, since the same court decided in advance that some articles of the electoral law are unconstitutional, and by repealing the law, the results of the elections will be nullified and the call for new early elections even if it grants the current council the opportunity to amend the election law." ".  

[yota691]

The Federal Court postpones the issuance of its decision claiming the dissolution of Parliament until tomorrow

2022.08.31 - 15:10

 

Baghdad - people   

The Federal Supreme Court announced, on Wednesday, the postponement of its decision regarding the lawsuit to dissolve the Iraqi parliament until tomorrow.  

  

 

  

A source in the Supreme Judicial Council said in a statement to "Nass" (August 31, 2022), that "the court held a session and considered the lawsuit filed to dissolve the Iraqi parliament."  

"The court decided to postpone the announcement of the final decision until tomorrow, Thursday," he added.  

[yota691]

The Federal Court begins hearing the lawsuit to dissolve Parliament

• Time: 08/31/2022 13:09:55
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• Reading: 1,495 times

  

{Political: Al Furat News} The Federal Supreme Court began today, Wednesday, to consider the claim of dissolving the House of Representatives, which was established by the Sadrist movement.

The court was scheduled to hold its session yesterday, but it was postponed due to the disruption of official working hours in the country, in light of the recent events in the Green Zone.

[yota691]

The Iraqi Federal Court postpones the lawsuit to dissolve parliament until Thursday

In its first session after the end of the curfew in the country and the return of the work of state institutions, according to local media

31.08.2022

 

 

Baghdad / Anatolia

The Federal Supreme Court of Iraq decided, on Wednesday, to postpone the hearing of the case for dissolving the House of Representatives until tomorrow, Thursday, in the first session it will hold after the end of the curfew in the country and the return of the work of state institutions.

A judicial source said, "The Federal Supreme Court decided to postpone the hearing, claiming the dissolution of Parliament, for tomorrow, Thursday," according to local media, including the "Baghdad Today" website and the "Al-Sumaria" channel.

And yesterday, Tuesday, the Federal Supreme Court decided to postpone the session scheduled to consider the lawsuit to dissolve the House of Representatives "because of the general curfew and the disruption of the work of all state institutions" following the events and clashes that took place in the capital, Baghdad, since Monday.

A statement of the Supreme Judicial Council, seen by Anatolia, stated that "all courts, including the Federal Court, did not consider the cases presented to it."

On August 17, the Federal Supreme Court announced the postponement of the date for deciding on the case of dissolving the House of Representatives, which was filed by the Sadrist movement until Tuesday (yesterday), despite the confirmation of the Supreme Judicial Council that it does not have the power to dissolve the Council, in response to al-Sadr's request, in order to go to early elections.

The content of the lawsuit deals with accusations of failing to elect a president of the republic and violating the constitutional deadlines for forming the new government.

Iraq is witnessing vigorous efforts to find a way out of a political crisis that has been going on for more than 10 months, which led to clashes and security chaos in the capital, Baghdad, and other provinces for 18 hours, Monday and Tuesday.

And on Monday, protests, clashes and security chaos took place in Baghdad and other Iraqi provinces, against the backdrop of the Sadrist movement's announcement that he was retiring from political work once and for all, before the demonstrations stopped and life returned to normal in the country, following unremitting efforts made by local parties to stop the crisis.

The country is experiencing a political crisis, the severity of which has increased since last July 30, when followers of the Sadrist movement began a sit-in inside the Green Zone in Baghdad, rejecting the nomination of the "coordinating framework" coalition, Muhammad Shia Al-Sudani for the position of prime minister, and calling for the dissolution of the House of Representatives and the holding of early elections.

The differences between the political forces, especially the Shiite ones, prevented the formation of a new government.

[yota691]

 

The Federal Court postpones hearing the lawsuit to dissolve Parliament

 2022-08-31 08:04

 

Shafaq News/ The Federal Court (the highest judicial authority in Iraq) decided to postpone consideration of the case for dissolving the House of Representatives until tomorrow, Thursday.

The Federal Court had set August 30 as the date to consider the Sadrist movement’s lawsuits to dissolve parliament, but it postponed its decision due to the disruption of official working hours and the curfew against the backdrop of the bloody clashes that occurred in the heavily fortified Green Zone in the center of the capital, Baghdad.

Nassar al-Rubaie, Secretary-General of the Sadrist bloc, had filed a lawsuit against the President of the Republic, the Speaker of the House of Representatives, to rule to dissolve the House of Representatives for its fifth session, and to oblige the President of the Republic to set a date for holding legislative elections in accordance with the provisions of Article 64/second of the Constitution.

The leader of the Sadrist movement, Muqtada al-Sadr, had called on the Supreme Judicial Council to dissolve parliament within a period not exceeding the twentieth of this month, and assigning the President of the Republic to set a date for early elections, but the Council responded to al-Sadr's request to dissolve parliament, saying: "He does not have this authority." .

The content of the lawsuit deals with accusations of failing to elect a President of the Republic and violating the constitutional deadlines for forming the new government.

[yota691]

The Iraqi Federal Court postpones the pronunciation of the lawsuit to dissolve parliament.. Al-Abadi proposes an initiative to solve the crisis

Arabic reports

Baghdad

Safa Al Kubaisi

August 31, 2022

 

During a protest by Sadr's supporters in front of parliament on August 16 (Ahmed al-Rubaie/AFP)

 

The Federal Supreme Court of Iraq, (the highest judicial body in the country), has postponed the decision on the request to dissolve parliament submitted by the Sadrist movement, until tomorrow, Thursday.

 

 

 At a time when Baghdad witnessed the first political initiative after al-Sadr’s decision to withdraw his supporters from the Green Zone, presented by former Prime Minister Haider al-Abadi , based on the idea of agreeing on a transitional phase that establishes early parliamentary elections.

And Iraqi news websites quoted judicial sources in Baghdad, that "the decision to postpone came for one day only, and that tomorrow, Thursday, the court will consider the case," without giving further details.

The Federal Supreme Court had postponed the decision on the lawsuit filed by the Sadrist movement  to dissolve Parliament, to the 30th of this month, which coincided with yesterday, Tuesday, but it did not consider the case, justifying this because of the curfew that was imposed throughout the country.

 

Al-Abadi presents a new initiative to solve the crisis

Meanwhile, the former prime minister and leader of the " Victory " coalition , which is part of the "coordinating framework", backed by Tehran, put forward a new initiative to resolve the crisis, hours after an attack by a close associate of al-Sadr (Saleh al-Iraqi), the efforts of the " coordinating framework " to hold a session. Parliamentary and heading towards forming a government, calling on Iran to "rein in their control", which may push towards a new tension between the two parties.

In a statement, the "Victory" coalition called on the political forces to "zero the crisis and to embark on a serious and constructive basis in drawing the stages of a national constitutional solution agreed upon by all parties, with quick time ceilings, away from the mentality of the victor and the spirit of hatred and breaking wills."

He added, "Any solution must be translated by a clear roadmap that is agreed upon by all, based on legitimate constitutional, legal and institutional rules. In order to achieve it, dialogue, positive spirit, bearing joint responsibility, lowering the ceilings of demands, and adopting mutual concessions must be pursued in the service of the public interest." .

He stressed the need to agree on a roadmap according to two phases: the first is to solve the current crisis in a way that ends the existing blockage, and the second is to agree on broad lines for reforming the political system so that it can overcome its own barriers, and be efficient, fit and capable of managing the state.

 

He also stressed "the necessity of considering the next phase as transitional, agreed upon for its duration, and ends with new and fair early elections, subject to agreement on its laws and mechanisms, and the formation of a new government subject to agreement among all parties, whose primary mission is to align the affairs of the state and prepare for fair elections that establish a sound constitutional stage."

He pointed out that "the constitutional stage resulting from the upcoming early elections must adopt reform and change in political life and the political system to avoid recurring crises." And he considered that "without taking bold and real reforms to everything that is wrong and corrupt, there is no hope for a better system that can perform the state's political, security, economic and sovereign tasks."

The Sadrist Movement: What the "Victory" Alliance proposes will not be accepted by the "coordinating framework"

For his part, a former deputy from the Sadrist movement confirmed to "The New Arab" that what the Victory Alliance proposes will not be accepted by the "Coordination Framework" coalition, and that the initiative contradicts the orientations of the framework that seeks to fully capture the gains.

The deputy, who asked not to be named, stated that Al-Sadr's direction is clear to end the state of quotas and consensus governments and resort to the ballot boxes through the governments of the political majority, and that any initiative and any proposal that preserves the corrupt or their roots in the political process, is rejected by Al-Sadr.

He added, "There is no doubt that al-Sadr, despite his retirement from political work, is with the solution and not with the crisis, but he rejects lame solutions that do not put an end to Iraq's crises, most of which are related to corruption and the corrupt."

In turn, Iraqi politician Izzat al-Shabandar stressed that "the problem in Iraq is not related to dialogue or early elections, but rather to mechanisms." He said in a tweet to him: "There is no problem about the importance of dialogue or early elections, as they are the subject of consensus among the parties (...) that any official in the Iraqi state, when this presents a solution to the current crisis, ignores the mechanism and details of access to it."

 

Yesterday, Tuesday, Al-Sadr ended a dangerous page of the political crisis that culminated after the sit-ins turned into armed confrontations between Al-Sadr's supporters on the one hand and the security of the "Popular Mobilization" on the other, which left more than 25 dead and hundreds wounded, which prompted Al-Sadr to withdraw his supporters. And permanently cancel the sit-in of his supporters, which lasted for an entire month inside the Green Zone in Baghdad.

[ronscarpa]

Thanks Yota ... will this nonsense ever end..? 

It seems to me that the only solution is a new election using a system like ours (rather than the parliamentary system) - where the majority rules. Whoever gets the most votes wins. JMHO..! RON 

[yota691]

The Federal Court begins its session to consider the case for the dissolution of the House of Representatives

2022.09.01 - 12:56

 

Baghdad - people   

On Thursday, the Federal Court began its special session to consider the case for the dissolution of the House of Representatives.  

  

  

A source from within the court stated to "Nass" (September 1, 2022), that "the special session to consider the case for dissolving the House of Representatives has begun."   

  

And yesterday, Wednesday, the Federal Supreme Court announced the postponement of its decision regarding the lawsuit to dissolve the Iraqi parliament until today, Thursday.  

  

A source in the Supreme Judicial Council said in a statement to "Nass" (August 31, 2022), that "the court held a session and considered the lawsuit filed to dissolve the Iraqi parliament."    

  

"The court decided to postpone the announcement of the final decision until today, Thursday," he added.   

[yota691]

After lifting today's session

The Federal Court sets the date for issuing the decision on the lawsuit to dissolve Parliament

2022.09.01 - 13:47

 

Baghdad - people   

The Federal Court has set Thursday, next Wednesday, as the date for issuing the decision to dissolve Parliament.   

  

  

 

  

And the judiciary’s media stated in a statement that “Nass” received a copy of it, September 1, 2022, that “the Federal Court raises its session in the cases of dissolving Parliament and sets next Wednesday as a date for issuing the decision.”   

  

  

This morning, Thursday, the Federal Court began its special session to consider the case for dissolving the House of Representatives.  

  

A source from within the court stated to "Nass" (September 1, 2022), that "the special session to consider the case for dissolving the House of Representatives has begun."     

  

And yesterday, Wednesday, the Federal Supreme Court announced the postponement of its decision regarding the lawsuit to dissolve the Iraqi parliament until today, Thursday.  

  

A source in the Supreme Judicial Council said in a statement to "Nass" (August 31, 2022), that "the court held a session and considered the lawsuit filed to dissolve the Iraqi parliament."      

  

"The court decided to postpone the announcement of the final decision until today, Thursday," he added.      

[yota691]

The Federal Court begins its session to consider the claim of dissolving Parliament

• Time : 09/01/2022 12:49:03
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• Reading: 949 times

  

{Political: Al Furat News} The Federal Supreme Court began its session to consider the claim of dissolving the House of Representatives.

Yesterday, the court adjourned its session to consider the case until today.

[yota691]

The Federal Court sets next Wednesday as the date for issuing a decision in the cases of dissolving Parliament

• Time: 09/01/2022 13:43:14
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• Reading: 1,144 times

  

{Political: Al Furat News} The Federal Supreme Court adjourned its session to consider the cases of dissolving the House of Representatives.

The court set next Wednesday as the date for issuing the decision on the cases.

[yota691]

The Federal Court of Iraq postpones the issue of dissolving Parliament until next Wednesday

 

Source:

• d b

Date: 01 September 2022

 

 Today, Thursday, the Federal Supreme Court of Iraq decided to adjourn its session in the cases of dissolving Parliament until next Wednesday.

A brief statement to the court said today that the Federal Supreme Court in Iraq has set next Wednesday as the date for deciding on the issue of dissolving parliament.

[yota691]

Iraq: The Federal Supreme Court sets the date for issuing its decision on the lawsuit to dissolve parliament

Arabic reports

Baghdad

fair deputies

01 September 2022

 

The Federal Court is obliged to issue its decision next Wednesday (Sabah Arar / AFP)

 

Today, Thursday, the Federal Supreme Court in Iraq decided to set next Wednesday as the date for issuing the final ruling regarding the lawsuit filed before it regarding the dissolution of the House of Representatives, submitted by the Sadrist movement and other civil forces and figures.

The Federal Court had postponed the decision on the case to dissolve Parliament to the 30th of August, which coincided with the day before yesterday, Tuesday, but it did not consider the case, justifying this because of the curfew that was imposed throughout the country.

 

The " coordinating framework " wants to proceed with holding a parliamentary session to elect a president of the republic and launch the process of forming a new government headed by Muhammad Shiaa al-Sudani.

A judicial source told "Al-Araby Al-Jadeed", "The Federal Court held, today, a special session to consider the case for dissolving Parliament submitted by the Sadrist movement and civil forces and personalities, and the two calls were unified with one lawsuit, and to listen to the defense team assigned by the Presidency of Parliament and the Presidency of the Parliament." The Republic and the ministers, and after hearing the statements of the plaintiffs and the defendants, the court decided to issue the final ruling regarding this case next Wednesday.

 

The source explained that "the decision to dissolve the House of Representatives was postponed in order to study the case well and study the statements of the plaintiffs and defendants, and then issue the final decision."

The judicial source revealed that "there are pressures exerted on the judges in the Federal Court from different sides, some of which push towards dissolving the House of Representatives and others against dissolving the House of Representatives, and there are parties who want to postpone the settlement of the case until a political solution is found, and this court is very cautious in issuing any decision." Because of the pressures you are facing.

For his part, political analyst Ahmed Al-Sharifi said, in a telephone conversation with Al-Araby Al-Jadeed, that "the successive postponement of the Federal Court regarding the resolution of the case for dissolving Parliament is because it does not want to issue any decision that could have major consequences on the political scene or the Iraqi street."

Al-Sharifi indicated that "the successive postponement of resolving the issue of dissolving Parliament by the Federal Court wants to give room for the political forces to find solutions before issuing any decision. Any decision that will be issued by the court will be very fateful, and it will map the next scene."

He added that "the Federal Court gave a long period to issue the final decision on the lawsuit to dissolve Parliament, in the hope that the political forces would reach solutions and understandings, especially since there is movement and efforts to resolve the crisis by some friendly political parties close to the leader of the Sadrist movement Muqtada al-Sadr, and the Federal Court will be obligated to issue its decision on Wednesday, even if there is no political agreement on the crisis."

 

Last Monday, Iraq witnessed bloody confrontations that erupted after al-Sadr's retirement from political work, as hundreds of his supporters demonstrated inside and outside the Green Zone and in other provinces, and clashed with the security of the "Popular Mobilization", which caused the death of dozens of demonstrators and the wounding of hundreds, amid confusion. Dangerous security.

The country is experiencing the longest crisis of its kind, as differences between the political forces have prevented the formation of a new government since the last elections that took place on October 10, 2021.

[yota691]

A law clarifies the possibility of disabling some provisions of the constitution and the competent authorities

 

642 Policy 2022/09/01 15:19 Baghdad today -

Baghdad Legal expert advisor Salem Hawass clarified today, Thursday, that some politicians who are not specialized in legal affairs are tweeting outside the flock to get out of the political crisis. And Hawass told (Baghdad Today), that "some politicians who are not specialized in legal and constitutional affairs are tweeting outside the logical and philosophical flock of law on the issue of disrupting some constitutional texts to get out of the political crisis." The suffocation, as disabling one of the constitutional texts is not within the power of any party, including the Federal Supreme Court and the House of Representatives." He added, "The issue of obstruction is not included at all, not in a constitutional text, in a judicial decision, or in a parliamentary power. Rather, Article 13 of it stipulates that: First: - This constitution is the supreme and supreme law in Iraq, and it is binding in all parts of it, without exception. Second: - It is not permissible to enact a law that contradicts this constitution, and every text that appears in the constitutions of the regions, or any other legal text that contradicts it, is considered “void.” Hawass questioned: “If a law that contradicts it cannot be enacted, then a fortiori, it is absolutely not permissible to agree to amend or suspend it, in the light of Article 144 which states: This constitution is considered effective, after the people’s approval of it in a general referendum, its publication in the Official Gazette, and the formation of the government according to it. And on his many texts and materials. He stressed that "there is no way to escape from the political impasse except by objectively applying the provisions of the law and the constitution and moving away from the corrupt political norms that have prevailed over the past years and have led to the deterioration of the situation. .

[yota691]

Can the Federal Court's decision be appealed if it decides to dissolve Parliament?

• Time: 09/03/2022 14:51:18
•  
• Reading: 923 times

  

{Political: Al Furat News} Legal expert Haider Al-Sufi confirmed, today, Saturday, that if the Federal Court decides to dissolve Parliament, its decision will be final and binding.

Al-Sufi told {Euphrates News}, "If the Federal Court issues a decision to dissolve Parliament, it will be binding and final, and it cannot be appealed or appealed."

He added: "Parliament is dissolved from the date of issuing the decision, and it can call the expired President of the Republic to early elections, and fixing the date is by specifying between the Presidency of the Republic and the Electoral Commission."

From: Raghad Daham

Editing: Mustafa Al-Marsoomy

[yota691]

The Federal Court rejects a lawsuit filed by former MP Qutaiba Al-Jubouri (documents)

2022.09.05 - 11:52

 

Baghdad - people  

On Monday, the Federal Supreme Court issued its decision to dismiss the lawsuit filed by former MP Qutaiba Al-Jubouri, challenging the validity of the membership of MP Miqdam Al-Jumaili, who replaced the withdrawn MP Mishaan Al-Jubouri, and considered Al-Jumaili's membership valid.  

  

Below is the full text of the case details and court decision:  

  

  

[yota691]

The Federal Supreme Court of Iraq: Dissolving Parliament is not within our competence

The Federal Supreme Court of Iraq
7 September 2022
03:15 PM
141   

Today, Wednesday, the Federal Supreme Court of Iraq decided to reject the case regarding the dissolution of Parliament.

The official Al-Iraqiya TV said today that the court began holding the session after all the parties to the case and defense representatives from the Sadrist movement and other independent movements and personalities arrived.

The television revealed that the number of plaintiffs in the case of dissolving parliament today amounted to 1036 plaintiffs from the Sadrist movement and other independent movements and personalities.

The Sadrist movement and independent forces had previously submitted a separate case to the Federal Supreme Court to consider the dissolution of Parliament.

The court held five sessions since last month and early this month regarding the case.

On Monday, the political forces in Iraq held the second round of national dialogue in the presence of the representative of the Secretary-General of the United Nations, Jenin Plaschaert, and it was agreed to form a technical team from the various political forces to mature common visions and ideas on the roadmap for a national solution and bring the views closer in order to reach early elections and achieve their requirements. To review the electoral law, and to reconsider the Iraqi Electoral Commission.
 

[yota691]

Text of the Federal Court's decision to dismiss the case for dissolving Parliament

2022.09.07 - 15:10

 

Baghdad - people   

On Wednesday, the Federal Court rejected the decision to dissolve Parliament.   

  

  

According to a statement published by the court after the session, and "Nas" received a copy of it, (September 7, 2022), it considers:   

  

1. The members of the House of Representatives, after their election, do not represent themselves or their political blocs, but rather the people. Therefore, it was necessary for them to work to achieve what they were elected for, which is the people’s interest, not to be a reason to obstruct their interests and threaten their safety and the safety of the people completely.

  

2. The stability of the political process in Iraq requires everyone to abide by the provisions of the constitution and not to exceed it, and no authority may continue to exceed the constitutional periods indefinitely, because this is a violation of the constitution and a demolition of the entire political process and a threat to the security of the country and citizens.

  

3. The penalty imposed on the House of Representatives for not carrying out its constitutional duties is to dissolve the House when there are justifications for it.

  

4. The Constitution of the Republic of Iraq for the year 2005 has drawn up the constitutional mechanism for dissolving the House of Representatives in accordance with the provisions of Article (64/First) thereof.

  

5. The jurisdiction of the Federal Supreme Court is specified under Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law and does not include the dissolution of Parliament.

  

6. The Constitution of the Republic of Iraq for the year 2005 did not overlook the regulation of the provisions of the dissolution of Parliament, and therefore there is no room for applying the theory of constitutional omission.

[yota691]

Federal Court: The incomplete formation of the executive branch is a violation of the provisions of the Constitution

 

- 09-07-2022 04:01 PM - Number of readings: 711

 

Today, Wednesday, the Federal Supreme Court confirmed that the incomplete formation of the executive authority despite exceeding all constitutional periods, and the failure of the legislative authority to approve the budget law, is a violation of the provisions of the constitution.

In a statement received by Dijla, the court said, “The failure to complete the formation of the executive authority, despite exceeding all constitutional deadlines for the election of the president of the republic and the formation of the Council of Ministers, and the failure of the legislative authority to fulfill its constitutional duties, especially approving the budget law as it is legally related to the people’s food, is a violation of the provisions of the constitution and a violation of the goal.” for which these powers existed.

She added that "all constitutional institutions, state institutions and parliamentary blocs must abide by the constitution and all its articles and foundations without selectivity or special interpretations and jurisprudence, as well as adherence to the legal and administrative contexts in force and emphasizing the unity of the state and the unity of policies drawn up in accordance with laws and regulations."

And she added, "The difference between state institutions or between parliamentary blocs is not resolved by imposing the other opinion, but by effective legislative, executive and judicial institutions, emphasizing the importance of work and participation in legislative and executive institutions, adherence to the legal powers of each authority, and non-interference in the affairs of institutions, authorities and ministries, contrary to the provisions of the Constitution."

She pointed out that "the failure to complete the formation of the executive authority despite exceeding all constitutional periods and the failure of the legislative authority to fulfill its constitutional duties, especially the adoption of the budget law, is a violation of the constitutional purpose for which the legislative and executive authorities were established."

[yota691]

Great anticipation in the Iraqi street for the decision of the Federal Court regarding the lawsuit to dissolve Parliament

• Time: 07/09/2022 09:28:20
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• Reading: 2,483 times

  

{Political: Al-Furat News} The political and popular circles in Iraq are awaiting today, Wednesday, the issuance of the Federal Supreme Court's final decision regarding the lawsuit to dissolve Parliament, submitted by the "Sadr Movement".

And political actors in the country confirm that any decision issued by the court today will shape the Iraqi political scene during the next stage.

This comes especially with the anticipation of another Federal Court session at the end of this September, regarding the constitutionality of Parliament Speaker Muhammad al-Halbousi’s decision to accept the resignations of the Sadrist movement’s representatives on June 12, without holding a parliamentary session with a full quorum. The court today's case to dissolve Parliament, the end of the month's session will be unnecessary.

And the Federal Supreme Court in Iraq decided, last Thursday, to set a session to pronounce the final ruling on the case brought before it to dissolve the House of Representatives, its date today.

The session will be held at twelve noon today, according to the local time of the capital, Baghdad, inside the Federal Supreme Court building located inside the Green Zone.

The decision of the Federal Supreme Court may throw the ball into Parliament's court and obligate it to proceed with the constitutional entitlements, within a certain period of time. 

[yota691]

The Federal Court rejects the case for dissolving Parliament..and this is the text of its decision

• Time : 09/07/2022 15:12:03
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• Reading: 2,353 times

  

{Political: Al Furat News} The Federal Supreme Court decided to reject the case for dissolving the House of Representatives.

In light of its decision, the Federal Supreme Court held the following:

1. The members of the House of Representatives, after being elected, do not represent themselves or their political blocs, but rather the people. Therefore, it was necessary for them to work to achieve what they were elected for, which is the people’s interest, not to be a reason to obstruct their interests and threaten their safety and the safety of the people completely.

2. The stability of the political process in Iraq requires everyone to abide by the provisions of the constitution and not to exceed it, and no authority may continue to exceed the constitutional periods indefinitely, because this is a violation of the constitution and the demolition of the entire political process and a threat to the security of the country and citizens.

3. The penalty imposed on the House of Representatives for not carrying out its constitutional duties is to dissolve the House when there are justifications for it.

4. The Constitution of the Republic of Iraq for the year 2005 has drawn up the constitutional mechanism for dissolving the House of Representatives in accordance with the provisions of Article (64/First) thereof.

5. The jurisdiction of the Federal Supreme Court is limited by Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law and does not include the dissolution of Parliament.

6. The Constitution of the Republic of Iraq for the year 2005 did not overlook the regulation of the provisions of the dissolution of Parliament, and therefore there is no room for applying the theory of constitutional omission.

[yota691]

Legal expert: The Federal Court ruled that Parliament should be dissolved, but it did not fulfill it

• Time: 07/09/2022 15:54:49
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• Reading: 702 times

  

{Political: Al Furat News} A legal expert explained the decision of the Federal Supreme Court regarding the response to the case for dissolving the House of Representatives.

Ali Al-Tamimi said in a statement that {Euphrates News} received a copy of it: “In the Federal Court’s decision, condemning the Iraqi parliament for violating the constitutional terms, which leads to the demolition of the entire political process and threatens its safety and the integrity of the country as a whole. Its dissolution is based on Article 93 and Article 4 of the Constitution, that it is not within its competence to dissolve Parliament, but rather the matter is left to the political blocs and the executive authority.”
The Federal Supreme Court rejected, at its session today, the lawsuit submitted by the Sadrist movement regarding the dissolution of the House of Representatives.
The court considered that its competencies are “determined by Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law, and it does not include the dissolution of Parliament, but the penalty imposed on the House of Representatives for failing to fulfill its constitutional duties is to dissolve the Council when there are justifications.”
The court reminded the members of the House of Representatives that they “do not represent themselves or their political blocs, but rather the people, and therefore it was necessary for them to work to achieve what they were elected for, which is the people’s interest, not to be a reason to obstruct their interests and threaten their safety and the safety of the people completely.”
And she stressed that "the stability of the political process in Iraq requires everyone to abide by the provisions of the constitution and not to exceed it, and no authority may continue to exceed the constitutional periods indefinitely, because this is a violation of the constitution and the demolition of the entire political process and a threat to the security of the country and citizens."
She noted that "the Constitution of the Republic of Iraq for the year 2005 has drawn up the constitutional mechanism for dissolving the House of Representatives in accordance with the provisions of Article (64/First) of it."