The Federal Court decides that it is unconstitutional to grant the Minister of Finance the power to sell or lease agricultural lands

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The Federal Court issues a ruling on Iraqi ownership throughout the country

• Time: 02/27/2023 13:27:04
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{Politics: Al-Furat News} The Federal Supreme Court announced "its consolidation of the principle of {the right of Iraqis to own property without discrimination in all parts of Iraq}".

A statement to the court media, a copy of which {Euphrates News} received, stated that "the Federal Supreme Court issued a ruling in Case No. 8 / Federal / 2023, according to which the plaintiffs challenged the constitutionality of Legislative Order No. (12) of 2004 as far as the matter relates to the cancellation of Resolution (117) of 2000 Because the court found that the order under appeal was issued to remove discrimination between citizens to obtain residential lands, based on the desire of the Iraqi government to provide residential plots of land for all segments of society.

He added, "The appealed decision was a correct implementation of the principle of Iraqis' right to own property without discrimination in all parts of Iraq and in line with the principle of equality between citizens. It also enshrines the principle of equal opportunities for all people and does not contradict or conflict with any constitutional text."

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The Federal Court announces the issuance of a ruling that establishes the principle of "the right of Iraqis to own property without discrimination in all parts of Iraq"

Iraq

13:40 - 2023-02-27

 

Today, Monday, the Federal Supreme Court announced that it had issued a ruling that establishes the principle of "the right of Iraqis to own property without discrimination in all parts of Iraq."

And the court stated in a statement, that it "issued a ruling in Case No. 8 / Federal / 2023, according to which the plaintiffs challenged the constitutionality of Legislative Order No. (12) of 2004 as far as the matter relates to the cancellation of Resolution (117) of 2000, where the court found that the order in question had been issued to remove discrimination between citizens to obtain residential lands," indicating that "this came based on the desire of the Iraqi government to provide residential plots of land for all segments of society."

She added, "The appealed decision was a correct implementation of the principle of Iraqis' right to own property without discrimination in all parts of Iraq and in line with the principle of equality between citizens," pointing out that "this enshrines the principle of equal opportunities for all people and does not contradict or conflict with any constitutional text." .

[yota691]

The Federal Court confirms the obligation of the state to provide a decent life for retirees

• Time: 03/01/2023 13:30:10
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{Politics: Al Furat News} The Federal Supreme Court affirmed the obligation of the state to provide a decent life for its retirees

And a statement for it, which {Euphrates News} received a copy of, stated that “plurality of nationality for Iraqis is a constitutional right guaranteed under the provisions of Article (18 / Fourth) of the Constitution of the Republic of Iraq for the year (2005), so and because Article (26 / 1) of the Pharmacists Retirement Fund Law No. (44 of 1970) deprived the retired pharmacist of pension rights for him and his dependents if he acquired a non-Arab nationality.

He added, "The court decided to rule that the aforementioned legal text is unconstitutional because it conflicts with the provisions of the Constitution of the Republic of Iraq, according to what was stated in Article (18)."

[yota691]

The Federal Court publishes a statement regarding constitutional freedom of movement, residence, and travel

2023.03.03 - 13:19

 

  

Baghdad - Nas  

On Friday, the Federal Court published an article on the constitutional freedom of movement, residence and travel.  

  

  

  

The court said in the article, which was published on its website, followed by “Nass” (March 3, 2023), that “the Iraqi constitution guarantees freedom of movement, travel, and residence for the Iraqi citizen, whether inside or outside Iraq, and this did not comment on the issuance of a law regulating these rights, but rather considered them It is one of the basic rights that must be guaranteed to the Iraqi citizen based on the provisions of Article (44) of the Constitution.  

  

And she stressed, "All state institutions, whether they are subject to federal authorities, a region, or governorates that are not organized in a region, must not follow any method or procedure that leads to the Iraqi citizen not enjoying those rights, especially since Article (23 / Third / A) of the Constitution of the Republic of Iraq." It permitted the Iraqi to own real estate and movable property anywhere in Iraq, which requires that no law, regulation or instructions be enacted that contradict the provisions of the aforementioned constitutional articles, and that this is consistent with international covenants and declarations regarding freedom of movement, travel and residence.  

  

And she added, "Ensuring the freedom of a person to move from one region to another within his country, to leave it, or to return to it without restrictions that limit this is part of the general concept of freedom guaranteed by the constitutions in most countries of the world, as indicated by many international conventions."  

  

And she continued: “Among the principles stipulated in the Constitution of the Republic of Iraq for the year 2005 is what was stated in Article (44) of it, which stipulates the freedom of Iraqis to move, travel, and live inside and outside the country, and the inadmissibility of exile, deportation, or deprivation of return to the homeland, which is one of the basic rights that must be guaranteed.” And not to transgress them, and that the citizen's right to obtain and carry a passport reflects a tributary of his personal freedom and an expression of his right to citizenship.  

  

She indicated that "a passport is a document issued by the state to an Iraqi so that he can exercise his constitutional right to travel outside Iraq and return to it, and therefore depriving him of it is considered a deprivation of the Iraqi citizen from exercising his aforementioned constitutional right, and that stipulating this in any legislation is considered contrary to the provisions of the constitution and is ruled unconstitutional." .  

[yota691]

Kurdistan: No comment on the decision on freedom of ownership in the region

second and third  2023/03/07

 

 

 Sulaymaniyah: Karim Al-Ansari

 

The Kurdistan region faced a legal and constitutional dilemma, which lies in the fact that the authorities in the Kurdistan region do not grant Iraqis of Arab nationalism the right to own property, contrary to the constitution, even if they are subject to security measures.

The Federal Court had stated that "Article (23/Third/a) of the constitution permitted the Iraqi to own the movable and real estate property anywhere in Iraq, which requires that no law, system or instructions be enacted to the contrary."

The academic from Sulaymaniyah, Majid Hamid, said: "We support the decision and support it. It is the right of every Iraqi to own any part of Iraq, not just a region." 

Kurdistan".

Hamid pointed out, in an interview with "Al-Sabah", to the need for "the region to respond to the decision, as any citizen in the region has the right to own real estate in Baghdad and the southern governorates, and vice versa should be in return."

In her turn, the former deputy from Sulaymaniyah, Rizan Sheikh Dalir, considered the federal decision correct, and said: "The regional government has a duty to agree. We know that we are committed to the constitution, which says: Every Iraqi has the right to own land anywhere inside Iraq."

Dler added, in an interview with "Al-Sabah", that "the decision is compatible with the constitution and it is necessary to approve it because there is no legal objection, because we as Iraqis want to buy a house and land anywhere, and that is our right as Arabs, Kurds, Turkmen or Christians."

 

Edited by: Ali Abdel-Khalek

[yota691]

Federal ruling unconstitutional article in the Law of Sale and Rent of State Funds

2023.03.08 - 14:21

 

Baghdad - people   

On Wednesday, the Federal Supreme Court issued a ruling that an article in the Sale and Lease of State Funds Law was unconstitutional.  

  

  

  

A statement of the court, a copy of which "NAS" received, (March 8, 2023), stated that it "today considered the constitutional lawsuit No. (17 / Federal / 2023) filed by the plaintiff, Representative Raed Hamdan Al-Maliki / member of the Parliamentary Legal Committee, against the defendant, the Speaker of Parliament In addition to his job, to challenge the unconstitutionality of Article (25 bis) of the Law of Sale and Lease of State Funds No. (21) of 2013, as amended, published in the Iraqi Al-Waqa’iyyah newspaper, issue (4415) on 9/5/2016, which stipulates that (the Minister of Finance may sell or rent Agricultural lands that fall outside the prohibitions of roads from which the water share is cut off without public bidding, and the Minister of Agriculture must remove the hand of agricultural reform from those lands, and the sale and rent allowances are recorded as final revenue for the state treasury, provided that easement rights are taken into account).  

  

And she added, that she "decided to rule the aforementioned article unconstitutional because it violated the provisions of Articles (14 and 27/First) of the Constitution of the Republic of Iraq for the year 2005 as a final and binding ruling for all authorities."  

[yota691]

The Federal Court rules that an article of the Sale and Lease of State Funds Law is unconstitutional

• Time: 03/08/2023 14:19:51
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• Read: 1,248 times

  

{Politics: Al Furat News} The Federal Supreme Court ruled that Article (25 bis) of the Law on the Sale and Lease of State Funds is unconstitutional.

And a statement of the court, of which {Euphrates News} received a copy, stated that "the Federal Supreme Court today, Wednesday, considered the constitutional case number (17 / federal / 2023) filed by the plaintiff, Representative Raed Hamdan Al-Maliki / member of the Parliamentary Legal Committee, against the defendant, the Speaker of Parliament / In addition to his job, to challenge the unconstitutionality of Article (25 bis) of the Law of Sale and Lease of State Funds No. (21) of 2013, as amended, published in the Iraqi Al-Waqa’i newspaper, Issue (4415) on 5/9/2016, which stipulates that (the Minister of Finance may sell or lease lands Agricultural lands that fall outside the prohibitions of roads from which the water share is cut off without public bidding, and the Minister of Agriculture must remove the hand of agricultural reform from those lands, and the sale and rent allowances are recorded as final revenue for the state treasury, provided that easement rights are taken into account.

The statement added, "The court decided to rule the aforementioned article unconstitutional because it violated the provisions of Articles (14 and 27/First) of the Constitution of the Republic of Iraq for the year 2005 as a final and binding ruling for all authorities."

[yota691]

The Federal Court rejects a lawsuit by the Iraqi Communist Party regarding breaching the constitution

2023-03-14 08:20

 

 

Shafaq News/ The Secretary of the Communist Party, Raed Fahmy, announced, on Tuesday, that the Federal Supreme Court issued its decision to dismiss the lawsuit filed by the party regarding violating the constitution in not submitting the final accounts with the draft general budget.

 

Fahmy said in a statement today, that the Federal Court issued a decision to dismiss the lawsuit in terms of formality, because it was set up by the secretary of the Central Committee of the Iraqi Communist Party in his moral capacity, and according to Articles 18 and 19 of the Parties Law, because he is not considered a stakeholder in the subject matter of the complaint.

 

He explained that Article 19 of the Political Parties Law stipulates that the party leader represents it in everything related to its “affairs before the courts.” We wonder if preserving public money and monitoring how it is disposed of through the general budget and the way it is spent is a matter of all citizens, including party members. And his audience?

 

Fahmy added, "Does Article 27 of the constitution not stipulate that public funds are inviolable, and protecting them is the duty of every citizen?"

 

As the Secretary of the Communist Party indicated, the Federal Court did not find any legal basis that contradicts the subject matter of the case and the flagrant violation of Article 62, First of the Constitution, which has continued over five sessions of the House of Representatives.

 

Fahmy continued by saying that it is surprising that no deputy interacted with the effort to stop the violation of the constitution by successive governments by not submitting final accounts with the draft budget, despite its importance in enabling the House of Representatives to exercise its oversight role on government spending.

[yota691]

The Federal Court decides that it is unconstitutional to grant the Minister of Finance the power to sell or lease agricultural lands

• Time: 04/16/2023 13:17:02
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• Read: 1,339 times

  

{Politics: Al Furat News} The Federal Supreme Court ruled that it was unconstitutional to grant the Minister of Finance the power to sell and lease agricultural lands.

And its statement, which {Euphrates News} received a copy of, stated that "the Federal Court considered in a public session the extent of the constitutionality of a text contained in the Law of Sale and Lease of State Funds No. (21) of 2013 as amended, granting the Minister of Finance the power to sell or lease agricultural lands that fall outside the boundaries of taboos Roads cut off from the water share without public bidding.
He added, "The court has issued its decision that the text of Article (25) bis of the aforementioned law, which granted the Minister of Finance this authority, is unconstitutional for violating the principle of equality stipulated in Article (14) of the Constitution of the Republic of Iraq for the year 2005."

[yota691]

Details of the federal decision regarding the validity of selling and renting agricultural lands

2023.04.16 - 13:36

 

Baghdad - people   

Today, Sunday, the Federal Supreme Court decided that it is unconstitutional to grant the Minister of Finance the power to sell or lease agricultural lands.  

  

  

  

A court statement, which “NASs” received a copy of, (April 16, 2023), stated that “the Federal Court considered, in a public session, the constitutionality of a provision contained in Law No. (21) of 2013 as amended, which gives the Minister of Finance the power to sell or lease lands. Agricultural areas that fall outside the limits of road prohibitions for which the water share is cut off without public bidding.  

  

He added, "The court issued its decision unconstitutional the text of Article (25) bis of the aforementioned law, which granted the Minister of Finance that authority for violating the principle of equality stipulated in Article (14) of the Constitution of the Republic of Iraq for the year 2005."