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by Rocky Wed 02 Jan 2019, 2:36 am
The Federal Court announces the total of its cases in 2018
[You must be registered and logged in to see this link.]BAGHDAD / The Federal Supreme Court announced on Wednesday that it had resolved 210 constitutional claims during the past year, noting that it worked during that period in complex circumstances, stressing its contribution to the completion of the files of the most important laws related to the conduct of the electoral process and the formation of the House of Representatives and the government Current."The Supreme Federal Court has ended a new year in an atmosphere that is less complicated to say. In 2018, it received crucial cases concerning important joints in the state and issued rulings according to the constitution in letter and spirit," said Ayas al-Samuk, spokesman for the court."The last year witnessed a large number of constitutional cases established by official bodies or organizations and political parties or citizens."He pointed out that "this indicates the growing confidence in the existence of a supreme judicial body in Iraq that will take the right and proper resolution of disputes of a constitutional nature.""Even in cases that have been rejected because they are not based on a constitution, their provisions include principles that provide for the proper application of the provisions of the constitution and guarantee the rights and freedoms of all components of the Iraqi people in various fields," Samok said.The spokesman confirmed that "the Federal Supreme Court held during the last year in a month at least two or three per month, a record number for the courts and the constitutional councils in the region."He pointed out, "the Court's keenness to complete all the procedures by listening to the statements of the parties and all that would bring the suits to the decisive stage.""All the hearings that were held were public and in the presence of the media to ensure that the public is informed about the proceedings," Samok said. "The court has not taken any decision to make any session secret, although the law gives it authority when necessary.""During the past year, the Tribunal has received international and Iraqi researchers who have documented their work by reviewing the procedures on the ground and obtaining all their verdicts," he said."All judgments and interpretative decisions are published directly on the court's website in both Arabic and English," Samok said.He said, "The Federal Supreme Court has achieved during the past year an achievement that strengthens the status of Iraq in international forums through the membership of the Executive Office of the Union of Courts and Arab Constitutional Councils."Al-Samok continued that "Iraq ended last year a very sensitive file, the general elections, which the Court had the main role in not being postponed after the Federal Supreme Court confirmed the commitment to the provisions of Article 56 of the Constitution of the term should not be exceeded for the age of the electoral cycle."He continued that "the court considered successive amendments to the three amendments to the Law of the elections of the House of Representatives No. (45) for the year 2013, and issued judgments in respect of which contributed to the completion of the electoral process and the formation of the House of Representatives and the current government."He went on to say that "many cases involving the technical aspect of the court was keen on the assignment of senior Iraqi experts to express their opinion in the reports they submitted to be taken in accordance with the law."Al-Samok stressed that "the court strengthened the status of women in political life through the emphasis in a number of provisions issued last year on the principle of (quotas) the allocation of at least (25%) of the seats of the House of Representatives for women."He added that "the court went in its rulings on the protection of family and childhood, where it stressed the constitutionality of the dowry of women who are divorced in gold, as compensation and contribute to redress the damage caused by divorce. Islamic law does not prevent the reparation of harm if the most recent is arbitrary in its creation. ""The court responded to the request of the plaintiff to rule unconstitutional and cancel the decision of citizens to own the land of the state at nominal prices with loans after the failure of the requirement to establish a nursery by the owners of it, and considered that the return of land to state ownership is approved by the Constitution.He pointed out that "the Federal Supreme Court confirmed in another case that the provisions of the custody of the young person is subject to the interests of the child without the interests of the contestants against the custodians of the custody, and not far from this area, the Court secured the rights of the families of the martyrs, including those who fought against the organization calling the terrorist by emphasizing the Constitutional constitution that gives them a share in the school seats. ""The court has kept within its jurisdiction public funds through the provisions of one of the stressed the non-occupancy of state-owned property without pay, and has canceled the articles in laws that impede the investment process."He said, "The Federal Supreme Court has been on the issue of equality among Iraqis, saying it has ruled for example unconstitutional article in the House of Representatives and its composition related to the pensions of the President of the Council and his deputies and members contrary to the provisions of the unified pension law, and this approach is silent among Iraqis In the subject of retirement did not differentiate between a member of the House of Representatives and any employee in the Iraqi state. "He added that "the court took over the protection of the legislative and oversight role of the House of Representatives, which lost at the beginning of last year and during the previous election session a number of appeals to the questioning of ministers and officials of independent bodies, where it confirmed that the evaluation of the facts is the responsibility of the House of Representatives, To complete the formalities guaranteed by the constitution for the interrogation process. ""In contrast, the Supreme Federal Court has committed that the House of Representatives does not go beyond its powers stipulated in the Constitution, where it ruled unconstitutional article in the law of the House of Representatives and its formations authorizing the issuance of legislative decisions have the force of law, except as contained in the Constitution resolutions Responded exclusively ".He stressed that "in the area of independence of the judiciary, the Federal Supreme Court also ruled the provisions of the unconstitutional materials that empower non-working judges of the federal judiciary, powers of arrest and detention."Samok reported that "the total cases registered in the Federal Supreme Court in 2018 amounted to (260) cases, where 210 were resolved at the rate of completion of 80.76%, and the balance of the remainder, and that the reason for the postponement is the issues related to notifications or requests from the parties, Or it was made in the month of December ie in the last month of the year.He concluded that "the doors of the court are open to all, both in terms of receiving constitutional cases or attending hearings, in light of the powers set forth in the Constitution and its Law No. 30 of 2005 and the relevant laws." Finished [You must be registered and logged in to see this link.]
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