The text of the federal decision on the demand to cancel accepting the resignations of the Sadrist bloc

[yota691]

The Federation sets the end of September as a date to consider an appeal regarding the resignation of the Sadrist bloc

2022.09.04 - 14:55

 

Baghdad - people   

The Federal Supreme Court has set, on Sunday, the end of September, the date to consider an appeal regarding the resignation of the Sadrist bloc.  

  

 

  

A court statement, a copy of which was received by "Nass", said (September 4, 2022), that "a lawsuit was filed with the Federal Supreme Court No. 181 / Federal / 2022 to challenge the acceptance of the resignations of the Sadrist bloc's deputies, and the first session will be held to consider the case on 09-2022. -28".  

  

[yota691]

 

 

 

Iraq.. The Sadrist movement is challenging the acceptance of the resignations of its deputies

The Federal Court has set September 28 as the date for hearing the case

04.09.2022

 

 

Istanbul

Istanbul/ Anatolia

On Sunday, the Sadrist movement in Iraq filed a lawsuit with the Federal Supreme Court, to challenge the acceptance of the resignation of its 73 deputies who formed the largest bloc in Parliament (total seats 329).

The official Iraqi News Agency stated that the Federal Supreme Court had set September 28 as the date to consider the appeal to accept the resignations of the Sadrist bloc's deputies.

The agency did not give more details on the matter.

Iraq has been experiencing a political crisis since the October 2021 elections, as a result of sharp differences over the formation of the new government between the Sadrist bloc, which won first place with 73 deputies, and political parties represented in what is known as the coordination framework.

The Sadrist bloc sought to form a "national majority" government with its two partners, the Kurdistan Democratic Party and the Sunni "Sovereignty Alliance." When these efforts failed, Muqtada al-Sadr ordered his deputies to resign in mid-June.

[yota691]

The Supreme Court of Iraq sets a date to consider the appeal against the resignations of Al-Sadr's representatives from Parliament

43 minutes ago

© AP Photo / Hadi Mizban

 

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The Federal Supreme Court of Iraq has set September 28 as the date for hearing the appeal against accepting the resignations of the Sadrist movement's deputies in the Iraqi parliament.

And the Iraqi News Agency reported, quoting a statement of the Supreme Court: "The Federal Supreme Court has set, today, Sunday, the date for considering the appeal to accept the resignations of the Sadrist bloc's deputies."

She added, "A lawsuit has been filed to challenge the acceptance of the resignations of the Sadrist bloc's deputies (in issue 181 / Federal / 2022)".

On Wednesday, the Federal Supreme Court of Iraq decided to postpone the hearing of the cases of dissolving the House of Representatives.

 

[yota691]

The Federal Supreme Court of Iraq: September 28 as the date for hearing the appeal against accepting the resignations of the Sadrist bloc

09-04-2022 | 16:05 Source : Al-Nahar Al-Arabi

 

 

Today, Sunday, the Federal Supreme Court of Iraq set the date for considering the appeal to accept the resignations of the Sadrist bloc deputies.

 

The court said in a statement received by the Iraqi News Agency (INA), that "a lawsuit has been filed to appeal the acceptance of the resignations of the Sadrist bloc's deputies (with issue 181 / Federal / 2022)".

 

"The first session to consider the case will be held on the 28th of September," she added.

[yota691]

'There is no solution without a solution'

A new comment from the Sadrist movement on the appeal to accept the resignations of its deputies

2022.09.05 - 01:19

 

Baghdad - people  

The Sadrist movement made a new comment regarding the lawsuit submitted by a lawyer to the Federal Court to challenge the resignation of the Sadrist bloc's deputies from the Iraqi parliament.  

  

 

  

The former MP for the Sadrist bloc, Ghayeb al-Amiri, said in a clarification received by "Nass" (September 5, 2022), "We know very well that the House of Representatives' procedures for accepting the resignation of the Sadrist bloc's deputies are against the law as it requires a parliamentary decision and not with the approval of the esteemed Speaker of the Council only because The law stipulates resignation and dismissal in one hierarchy, and therefore it is governed by a single procedure, which is voting on it whether or not it is approved.  

  

Al-Amiri added, "Some of our people have missed that the reason for the resignation of the Sadrist bloc's deputies is to object to the parliamentary will of the blocking third to force us to accept quotas with them and maintain the cause of the plight of Iraq and its people."  

  

He continued, "They did not accept us to establish the rule of the majority to bear responsibility. They did not accept us even to be in opposition and go to form the government as well. In fact, they wanted to dye us with them in the quotas and keep it until they enjoy corruption and the people continue to suffer."  

  

He explained that "Mr. Al-Sadr's" long-term success" for this decision was aimed at dissolving the Sadrist movement from participating with this parliament in drawing a new ordeal for the country.  

  

 He concluded by saying, "The bottom line is that we are not going to discuss the legality of accepting the resignation or not until it is challenged. We are drawing for our generations, history and future sessions in Parliament that they do not commit the sin of quotas that the people reject. We draw how the representative acts under the pain of whoever assigned this prosecution and its source, which is the people until If it cost us a lot, the historical steps are difficult and need difficult men to bear them."  

  

Al-Amiri stressed that "there is no solution except by dissolving the blocking third parliament in order to deter those who come after them and not commit the sin again."  

[yota691]

 

“Al-Halbousi singled out and departed from the constitution.” The lawyer of the case for the return of the Sadrist MPs reveals the secrets of his case

 

 2022-09-04 13:14

 

Shafaq News/ Today, Sunday, Iraqi lawyer Dia Al-Din Rahmat Allah Al-Budairi revealed the secrets of the lawsuit he filed to challenge the resignation of the Sadrist bloc's deputies, noting that Parliament Speaker Muhammad Al-Halbousi was unique in his decision when he signed those resignations. 

Al-Budairi told Shafaq News Agency, "The public interest called him to file a legal case to appeal the decision of the resignation of 73 deputies from the Sadrist bloc, because the constitution was written in the name of the Iraqis and its official preamble confirms this," noting that "any departure from the constitution is considered a transgression and a violation of the rights of Iraqis." .

Al-Budairi explained that "the Sadrist bloc has nothing to do with the appeal it submitted to the Federal Court, but rather the personal injunction and the sense of responsibility," stressing the need to "distinguish between the appeal for the return of the Sadrist bloc's deputies and an appeal to limit the uniqueness of the Speaker of the House of Representatives by making decisions without referring to members of Parliament. Which is a dangerous precedent."

He pointed to the need to "reduce the uniqueness of the Speaker of the House of Representatives in taking important decisions without referring to the members of the Council and according to the constitutional provisions, which prompted me as a president to submit a legal case that meets the requirements to the Federal Court."

He added, "As a judicial specialist, I found these violations and searched the laws related to this and found that the Speaker of Parliament violated the law and the constitution," stressing, "As an Iraqi citizen and a man of law, we must be confronted from the position of responsibility for such issues and three appeals were submitted in the aforementioned research topic."

A number of deputies and leaders in the Sadrist bloc denied their relationship to the lawsuit submitted to the Federal Court to appeal the acceptance of the resignation of deputies of the Sadrist bloc.

The lawyer pointed out that “Paragraph Two of Articles 48.47 of the Law of the Iraqi Council of Representatives and its formations No. 13 of 2018, mentioned the powers of the Speaker of the Council,” explaining that “by a simple examination of these texts, we find that the Speaker of Parliament cannot take any decision without referring to his two deputies, so how if It was related to the resignation of one of his deputies (a mandatory governor and 72 deputies from the same bloc)."

He added that "the articles referred to also relate to the resignation of employees in the House of Representatives, meaning that their resignation or dismissal cannot be accepted without referring to his two deputies, let alone the resignation of the largest parliamentary bloc in Parliament that hails from one current."

He pointed out that "if we want to accept the resignation of any deputy and according to the legal and constitutional articles and paragraphs that say that the appointed body is the same that dismisses or accepts the resignation of the one who appointed him, and since the people authorized or chose whomever represents him in parliament, it is better to refer to them before accepting their resignations."

He added, "The Sadrist bloc, when I learned to file a lawsuit with the Federal Court on the first of last August, members of the Sadrist bloc contacted me and rejected the lawsuit and asked me to withdraw it, but my insistence on recovering my right as an Iraqi citizen protesting in legal ways after I completed all the payments related to the lawsuit."

Al-Budairi stressed, "I am not affiliated with the Sadrist bloc or the Sadrist movement," expecting "the appeal to be accepted for two important reasons, the first being the existence of a personal interest, as the personal interest was harmed and my right as an Iraqi citizen was violated through the exclusivity of decision-making by the Speaker of Parliament."

As for the second reason, Al-Budairi says, “If the court decides to reject the appeal in a form that it is supposed to accept as a subject, because Article 46 of the Federal Court’s internal system stipulates that the court has the right to automatically respond in the event of a harm or a legislative text that is contrary to the constitution and laws,” explaining, “The court is supposed to address the On its own, which is what we witnessed regarding Resolution No. 1000 regarding the reduction of the pleading, it was rejected in form and accepted in substance.

And earlier today, Sunday, a judicial source told Shafak News Agency; That the Federal Supreme Court received a case to appeal the acceptance of the resignations of deputies of the Sadrist bloc by the Presidency of the House of Representatives (No. 181 / Federal / 2022), and he explained  that "the Federal Court has set a date for the first session to consider the case on September 28 this year.

On June 13, al-Sadr directed deputies of the Sadrist bloc in the Iraqi parliament to hand over their resignations to the speaker of the parliament, Muhammad al-Halbousi, while he thanked his allies in the "Save the Homeland" coalition and told them that they "are in a solution."

Parliament Speaker Muhammad al-Halbousi signed the resignations of the Sadrist bloc’s deputies, in the presence of the parliamentary bloc’s leader, Hassan al-Adhari, and then commented, “Their resignations took place reluctantly,” referring to efforts made to dissuade al-Sadr from this step.

[yota691]

The lawyer appealing the resignation of the Sadrist bloc’s deputies explains his motives for filing the lawsuit before the Federal

 

 

2,079 Policy 06/09/2022 14:50 Baghdad today -

Baghdad Lawyer Dia Al-Din Rahmatullah Al-Budairi confirmed that an explicit legal violation prompted him to file an appeal regarding the resignation of the Sadrist deputies, pointing out that he submitted a "second appeal" regarding the acceptance of the replacement deputies.

 

Al-Budairi said in a televised interview, which was followed by (Baghdad Today), that the invitation "is not related to the return of the Sadrist movement to parliament, but rather the issue is whether the Speaker of the House of Representatives has the authority to take fateful decisions related to the interests of the people or not?"

 

He added that the appeal "was based on several grounds, including administrative, legal and constitutional," noting that "there was no explicit text or an implicit reference that grants the Speaker of Parliament the authority or the right to accept resignations," according to the parliament's internal system, the law to replace its members, and formations No. 13 and others.

 

Lawyer Dia Al-Din Al-Budairi, indicated that with reference to the amended Law No. 6 of 2006 on replacing members of the House of Representatives, “we find the requirement of Article 1, third of it, that three conditions must be met by a representative enjoying a certain privilege, which is first that the resignation be submitted by the representative, and secondly That the resignation be submitted to the House of Representatives and be voted on by approval according to an absolute majority, and the third condition is that the membership of the representative should not be less than one year.

 

He continued, "According to Article 12 first of the bylaws of the House of Representatives, there is an explicit legal provision, which is when a member of the Presidency submits his resignation, it must be submitted to Parliament and voted on by approval."

 

He pointed out that what prompted him to submit the appeal was "the existence of an explicit legal violation," wondering: "How can the Speaker of Parliament overlook or overlook this matter?!"

 

Al-Budairi explained, "The purpose behind this is up to the Speaker of Parliament, which will be answered by his legal representative on the day of the session, set on September 28, 2022, and if there are political goals, this issue is not known to me, and the final decision is in the hands of the Federal Court." .

 

The plaintiff confirmed that there was no political party that asked him to file the appeal, not from the Sadrist movement or the coordination framework and others, indicating that he is "a politically independent person, and the honor of the profession requires him to confront everything that is against the law."

 

Dia al-Din al-Budairi believed that it would have been more appropriate to "present these resignations to the House of Representatives to find out their reasons, or address them at the very least, out of respect for the votes of the voters who elected members of the Sadrist movement and others."

 

Al-Budairi indicated that two people “claiming” to be from the Sadrist movement contacted him, in order to withdraw the appeal, stressing his “rejection” of the issue after “consulting with himself,” and that he had not been “so far” subjected to any threat.

 

He concluded that the absence of an explicit legal text granting the Speaker of Parliament accepting resignations, in this case, "drops what was issued by the corner of jurisdiction, and therefore the decisions are considered null and void."

 

And regarding the alternate deputies, he stated that “there is a second appeal submitted by us to hold an extraordinary session,” noting that according to “the jurisprudential legal rule (what is built on falsehood is false), their membership will be cancelled.”

 

A member of the Sadrist movement, Ghayeb al-Amiri, had confirmed that the movement was not aware of the lawsuit submitted to the Federal Court to challenge the decision to resign from parliament, indicating that the movement demanded the withdrawal of the case from the court.

 

Al-Amiri said in a tweet on Twitter, last Sunday, that "we have no knowledge of the appeal and we have not directed it," adding that "we asked the one who appealed to withdraw his appeal."

 

Earlier, lawyer Dia Al-Din Al-Budairi filed a lawsuit with the Federal Supreme Court to challenge the acceptance of the Sadrist bloc's deputies' resignations from the parliament.

 

According to the plaintiff's lawyer's document, "a lawsuit was filed with the Federal Supreme Court, No. 181 / Federal / 2022, to challenge the acceptance of the resignations of the Sadrist bloc deputies."

 

The lawyer relied on the legal text that says that the resignation of any deputy who wishes to resign must be presented to the House of Representatives, and that it must be voted on by the House by rejection or acceptance.

[yota691]

A law indicates a new principle of the federal decision.. The resignations of the current deputies are 'contrary to the constitution'

2022.09.07 - 16:55

 

Baghdad - people  

Today, Wednesday, the legal expert, Jamal Al-Asadi, considered the resignations of the Sadrist MPs, a "constitutional violation", based on the recent decision of the Federal Court.  

  

  

  

Al-Asadi said in a blog post, followed by “Nass” (September 7, 2022): “A new principle was stated in the Federal Court’s decision issued today 9/7/2022 in the case No. 132 and its units on the subject of rejecting the case for dissolving the House of Representatives, which is: that the members of the House of Representatives after their election do not They represent themselves, not 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 as a whole.  

  

He continued, "This means that the resignations of the Sadrist movement's deputies are in violation of the constitutional texts, as they were submitted by the head of a political bloc under the direction and order, and not from themselves, and this violates constitutional principles."  

  

 

 

 

The Federal Court received, earlier today, the decision on the lawsuit 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 in 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 the dissolution of 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 competencies of the Federal Supreme Court are specified under Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law and do 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 dissolving Parliament, and therefore there is no room for applying the theory of constitutional omission.     

[yota691]

With the withdrawal of the Sunnis and the Kurds will lose legitimacy

Al-Sadr announces his position on the possibility of his deputies returning to Parliament through the judiciary

2022.09.08 - 15:16

 

Baghdad - people   

On Thursday, the leader of the Sadrist movement, Muqtada al-Sadr, announced his position on the possibility of the resigned Sadrist bloc's deputies returning to the House of Representatives through the judiciary.  

  

 

  

Al-Sadr’s Minister stated in a blog post followed by “Nass” (September 8, 2022), quoting Al-Sadr: “If we return, the solution must be satisfactory to our Sunni and Kurdish allies, and I do not think it is. Parliament has its legitimacy and will be dissolved immediately.”  

  

[yota691]

The Federal Supreme Court rejects the appeal submitted that the resignation of the Sadrist bloc's deputies is invalid

09.28.2022 - 13:41

 

  

Baghdad - people  

On Wednesday, the Federal Supreme Court rejected the appeal submitted that the resignation of the Sadrist bloc’s deputies was invalid.  

  

  

A brief statement of the court, a copy of which was received by "Nass", (September 28, 2022), stated that "the Federal Supreme Court rejects the appeal submitted that the resignation of the Sadrist bloc's deputies is invalid due to the lack of public interest of the plaintiffs."  

  

  

The President of the Federal Supreme Court, Jassim Muhammad Aboud, had said in a statement to the official agency, followed by "Nas", regarding the Sadrist representatives, that "the issue of the return of the resigned deputy cannot give the President of the Federal Court his opinion in this regard because it becomes a subject of discussion among all members of the court and therefore must To look into a constitutional light,” he pointed out, noting that there were “several lawsuits filed regarding the resignation of the Sadrist bloc’s deputies, some of which were rejected because the method of its establishment is incorrect, while other lawsuits are still being filed and will be considered in due course.”  

He stressed that "the lawsuit filed to challenge the resignation of the Sadrist bloc's deputies was not filed by the stakeholders (the Sadrist movement), but was filed by parties that have no legal relationship with this issue," noting that each lawsuit has its own circumstances, but the interest of the Iraqi people is above all.  

[yota691]

The text of the federal decision on the demand to cancel accepting the resignations of the Sadrist bloc

2022.10.05 - 17:55

l

Baghdad - people  

The Federal Supreme Court issued its decision regarding the lawsuit filed against the decision to accept the resignations of the Sadrist movement's representatives by the Speaker of the House of Representatives.  

  

  

  

  

  

Earlier, the Sadrist movement made a comment regarding the lawsuit submitted by a lawyer to the Federal Court to challenge the resignation of the Sadrist bloc's deputies from the Iraqi parliament.  

  

For more:  A former deputy from the Sadrist bloc comments on the appeal of the resignations  

  

The former MP for the Sadrist bloc, Ghayeb al-Amiri, said in a clarification received by "Nass" (September 5, 2022), "We know very well that the House of Representatives' procedures for accepting the resignation of the Sadrist bloc's deputies are against the law as it requires a parliamentary decision and not with the approval of the esteemed Speaker of the Council only because The law stipulates resignation and dismissal in one hierarchy, and therefore it is governed by a single procedure, which is voting on it whether or not it is approved.    

  

Al-Amiri added, "Some of our people have missed that the reason for the resignation of the Sadrist bloc's deputies is to object to the parliamentary will of the blocking third to force us to accept quotas with them and maintain the cause of the plight of Iraq and its people."    

  

He continued, "They did not accept us to establish the rule of the majority to bear responsibility. They did not accept us even to be in opposition and go to form the government as well. In fact, they wanted to dye us with them in the quotas and keep it until they enjoy corruption and the people continue to suffer."    

  

He explained that "Mr. Al-Sadr's" long-term success" for this decision was aimed at dissolving the Sadrist movement from participating with this parliament in drawing a new ordeal for the country.    

  

 He concluded by saying, "The bottom line is that we are not going to discuss the legality of accepting the resignation or not until it is challenged. We are drawing for our generations, history and future sessions in Parliament that they do not commit the sin of quotas that the people reject. We draw how the representative acts under the pain of whoever assigned this prosecution and its source, which is the people until If it cost us a lot, the historical steps are difficult and need difficult men to bear them."    

  

Al-Amiri stressed that "there is no solution except by dissolving the blocking third parliament in order to deter those who come after them and not commit the sin again."    

  

Retired judge Rahim Al-Aqili, earlier, mortgaged the return of the resigned MPs with "political will", indicating that it does not need a legal way out, as he put it.  

  

Al-Akaili said in his analysis, which was followed by “Nass” (October 2, 2022), that “it is not easier than finding a legal way out to nullify all the procedures for accepting the resignation of (73) representatives of the Sadrist bloc from membership in the House of Representatives with the approval of the Speaker of the House of Representatives, and nullifying what was done later. Accordingly, because these procedures were marred by the defect of violating the law, on the one hand, the third item of Article 1 of the Law on Replacing the Members of the House of Representatives, which indicated that approval of the resignation of the representative is subject to a vote in the House of Representatives by an absolute majority of the number of its members, as it states: (Paragraph applies First of Order No. 9 of 2005 on a member of the House of Representatives and members of the Presidency in the event that his resignation is submitted and accepted by the House by an absolute majority, provided that his term of membership in the House of Representatives is not less than one year).    

  

He added: "Although this item talks about the entitlement to the retirement salary for the resigned deputy, it specified the mechanism for accepting the resignation by saying (and its acceptance by the parliament by an absolute majority), meaning that the resignation request is presented in the House of Representatives. 2005, and the resignation request may receive the approval of a simple majority, and the House of Representatives may reject it, and each of these assumptions has its effects on the rights of the resigning representative, except that the cut-off limit of the provision of the text is that the representative’s resignation must be presented to the House of Representatives for a vote.    

  

Al-Ugaili continued, "We do not have another text that defines the mechanism for the resignation of a member of the House of Representatives. It is inevitable that the only legal text that determines the mechanism for accepting the resignations of members of the House of Representatives and work according to it."    

  

He explained, "As for those who go to the safety of accepting the resignations of the Sadrist bloc's deputies by the Speaker of the House of Representatives, they do not have any legal text to rely on, especially since the constitution and the law did not mention among the powers of the Speaker of the House of Representatives to accept the resignations of representatives, and therefore he has no jurisdiction to accept them. The resignation of the Sadrist bloc’s deputies is void for lack of jurisdiction. As for saying that the Speaker of Parliament replaces the parliament during his recess, it is an opinion outside the framework of what is legally acceptable. There is no provision for that, and it is not possible to say such authority or dangerous solutions without a conclusive constitutional text, and its adoption It means that the Speaker of the Council may issue laws and decisions during that holiday, as long as he replaces the entire Council, which is not acceptable to reason or logic.    

  

Read also:  A judge details the legal path for the return of Sadr's deputies to Parliament  

 

And he added, "The House of Representatives has proceeded in many cases of the resignations of members of the House of Representatives to vote on those resignations, such as its vote for the resignation of Representative Dr. Ali Al-Tamimi in 2013 and others."    

  

He stressed that "therefore, the path for the Sadrist bloc's deputies to return to their parliamentary seats is an easy and straight path from a legal point of view," noting that "their return remains more complicated by political will and political consensus among the political forces affecting the political scene. Politics in Iraq governs much more than the law controls." ".    

[yota691]

2022-09-29 11:19:00

Federal Court Renews Its Attitude on Dissolution of Parliament and Resignation of Sadrist Bloc Members and Sets Conditions for Holding Elections

 

 

 

 

 

Baghdad – INA

Photography by Safa’a Alwan

    The President of the Federal Supreme Court, Jassim Mohammed Abboud, stressed that the Iraqi constitution is the result of the will of the people and expresses their interest, and while referring to the amendment of the electoral law, he explained his position on the resignation of the Representatives of the Sadrist bloc and the dissolution of the Council of Representatives.

Abboud added in an interview with the Iraqi News Agency (INA), that "all federal authorities must work under the Constitution to put the interest of the people in their calculations when any action, pointing out that the Federal Court under article 93 of the Constitution exercises its powers starting with monitoring the constitutionality of laws and interpreting texts in addition to the mentioned competencies."

 Guardianship of the Constitution and Dissolution of Parliament

"The purpose of the Federal Court is to safeguard the constitution and prevent the abuse of powers," he added, stressing that "no proposals have been made by us regarding granting the Federal Court wider powers."

He added that "the problem that Iraq is going through is not in the constitution or the competencies of the Federal Court, but the problem in the application of the constitution and mishandling it," noting that "the dissolution of the Federal Court or the replacement of its members or how to refer members to retirement is done through the Constitution, and that the Federal Court is a financially and administratively independent judicial body and exercises its powers following what is stated in the Constitution."

"The Federal Court is the guard over all powers so that they do not exceed the constitution and it is not its prerogative to dissolve parliament and that the constitution has drawn up the ways and bodies that have the right to dissolve it," he said.

Resignation of Sadrist Bloc Members

He pointed out that "the issue of the return of the resigned representative cannot give his opinion in this regard because it becomes the subject of discussion among all members of the court and therefore must be discussed in a constitutional light," pointing out that "there are several lawsuits filed regarding the resignation of the deputies of the Sadrist bloc and some of them have been rejected because the method of their establishment is incorrect, while other cases are still pending that will be considered in due course."

He stressed that "the lawsuit filed to challenge the resignation of the representatives of the Sadrist bloc was not carried out by the stakeholders (Sadrist Movement) but was filed by parties that have no legal relationship with this issue," pointing out that each lawsuit has its circumstances, but the interest of the Iraqi people is above all. 

Elections Law

"The Federal Supreme Court has ruled that a section of the articles in the electoral law is unconstitutional and parliament must enact legal articles within the law to replace these articles and no elections can be held unless the electoral law is fully completed, including the articles that have been repealed," he said.

He pointed out that "the election of the President of the Republic in accordance with article 70 is clear and cannot be exceeded, and that the court applies the constitution in accordance with the supreme interest of the people," pointing out: "In constitutional jurisprudence, there is the subject of reversal, and this is possible for the constitutional courts to modify some of their opinions regarding legal principles, and not regarding judgmental decisions issued by the Federal Court."

He pointed out that "the Federal Court if it considers that it is in the interest of the people to reverse its opinions, it will change its consideration in a way that does not contravene the Constitution."

He added that "the representative does not represent himself but represents all the people and the parliament must work in the interest of the people, especially the legislation of the budget law," noting that "the failure to complete the federal powers, including the executive branch, was not completed due to the non-election of the President of the Republic, and that the Constitution created the powers for the benefit of the people and not for their benefit."

Budget Law

He pointed out that "the members of parliament are not only their tasks to work in parliament, but they must work for the interest of Iraq," pointing out that the current government is a caretaker government and cannot send the budget law, and the legislative authority must overcome differences and work for the people, noting that "the Federal Court has not been presented to it concerning the budget law in the caretaker government."

He added: "The budget law can only be sent to parliament by a permanent government," pointing out that Iraq now suffers from two big things, the first of which is political differences and the second is corruption and not the problem of Iraq in the constitution.

Political blockage

He clarified that "the main cause of the political blockage in Iraq are political differences," noting that "corruption hinders the building of the state, which is now two types: corruption of great importance, and the other of less importance, and that the Iraqi citizen has lost his confidence in the public function, public money is inviolable and must be protected."

He explained that "the supervisory bodies represented by the Federal Board of Supreme Audit and the Integrity Commission have not yet put an end to corruption in Iraq, and the state cannot be built as long as social justice is absent, and there is no real intention to end corruption."

He explained that "the caretaker government in general considered resigned, and does not have the right to dismiss ministers or appoint higher degrees, and there is a lawsuit filed regarding the resignation of Finance Minister Ali Allawi and set a date for its consideration."

Oil File

He pointed out that "oil and gas are the property of the people, and must be acted upon by the people, not a particular authority, and that the Federal Court said its statement regarding oil and gas in the Kurdistan region and the implementation of this decision lies with the competent authorities according to the interest of Iraq and not to sacrifice its interest." 

He pointed out that "the establishment of the National Oil Company and the assignment of Minister Ihsan Abdul Jabbar is illegal and the Federal Court has already been challenged before it by a previous decision of the law of the company and annulled many substantial articles, and thus the formation of the National Oil Company cannot proceed with the abolition of these articles unless other articles are legislated to replace the articles annulled by the Council of Representatives.

 

[horsesoldier]

I get a good laugh when they use " the will of the people" like it's really supposed to mean something and expect " the people " to swallow that bitter pill.