Iraqi Federal Court standstill about independent bodies

[k98nights]

09 Mar 2011

Iraqi Federal Court standstill about independent bodies

By Raman Brosk Baghdad - The legal adviser of the Iraqi Prime Minister Nouri al-Maliki assured Wednesday that the Federal Court did not reverse its decision about the linkage of the independent bodies, indicating that the interpretation came in line with what the constitution stated about articles related to the reference of independent bodies.

Fadel Mohammed Jawad told AKnews that the Constitution was not clear about the link of bodies where sometimes it stated that some bodies are linked to the parliament and others associated with it and others are under its supervision.

The Federal Court issued on Jan. 18 a ruling that links a number of independent bodies to the chairmanship of the Council of Ministers and not to the chairmanship of the parliament in response to Prime Minister Nouri al-Maliki's request to interpret the constitutional article concerning independent bodies.

"The Parliament is responsible for all mentioned paragraphs that are linked to the parliament and not the government, but the word accountable to the parliament or subjected to its supervision, all the executive powers are responsible and under the control of the parliament."

"The bodies that the constituiton pointed out to that they are accountable to the parliament and are subjected to its supervision and have executive functions are directly related to the Council of Ministers and not the parliament on one condition that the linkage must not affect their financial and administrative independence."

"All bodies are independent in accordance with the laws that define its powers and its relations with other governmental institutions," noting that "these bodies must have a reference."

The Iraqi parliament issued a statement yesterday morning saying that the clarification of the Federal Court on the interpretation of its earlier decision to link independent bodies of the Cabinet ended the ambiguity in its previous about selecting a reference to its independent bodies.

The statement noted that the Federal Court confirmed on the need to respect the provisions of the Constitution that bind the independent bodies professionally and administratively and financially in reference to the association of the Financial Inspection Office and the Communications and Media Commission and the National Commission for Accountability and Justice and Property Claims Commission to the parliament and the link of Endowment Foundation and the martyrs institution to the Cabinet."

The bodies that the federal court ruling put under the jurisdiction of Maliki's cabinet earlier included the Supreme Commission of Human Rights, the Independent Higher Electoral Commission (IHEC), the Integrity Commission, the Iraqi Central Bank, the Financial Inspection Office and the Media and Communications committee.

The ruling contravenes both articles 103 and 104 of the Iraqi constitution's chapter IV which clearly state that these bodies are financially and administratively independent and subject to the supervision of parliament which regulates their work according to the law. © AK News 2011

http://www.zawya.com/story.cfm/sidZAWYA20110310063341/Iraqi%20Federal%20Court%20standstill%20about%20independent%20bodies

[aaanth]

i don't get it. how cam maliki's attorney say that the law ruling is not reversed and shold stand. as you point out in the last paragraph, the independant bodies are clearly under the supervision of parliment and parliment alone. what IS HE talking about?