[size=36]Ruling on the unconstitutionality of the nomination of the Judicial Council to the President and members of the Federal Court[/size]
Political | 12:54 - 21/05/2019
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BAGHDAD -
The Supreme Federal Court ruled Tuesday, unconstitutional article in its law No. (30) for the year 2005 gave the Supreme Judicial Council the power to nominate the President and members of the Federal Supreme Court.
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the members of the judges and considered a lawsuit in which the prosecutor, both the President of the Republic and the Speaker of the House of Representatives, in addition to their job," the court's spokesman Ayas al-Samuk said in a statement.
Al-Samok added that "the plaintiff limited his petition to the unconstitutionality of Article (3) of the Federal Supreme Court Law No. (30) of 2005 and to request the House of Representatives to legislate an alternative article in accordance with the Constitution, .
He added that "the plaintiff based his request to rule on the unconstitutionality of Article (3) of the law of the Federal Supreme Court, citing the violation of the provisions of the Constitution, which gave the Council of the Supreme Judicial authority is not owned after the issuance of the Constitution of the Republic of Iraq for 2005.
"The prosecutor pointed out that the Federal Supreme Court has ruled implicitly unconstitutional of that article, on the occasion of the lawsuit established by the President of the Supreme Judicial Council No. (19 / Federal / 2017), which recognized the lack of competence of the Supreme Judicial Council after the issuance of the Constitution The Republic of Iraq, the nomination of the President and members of the Federal Supreme Court, and the Court issued on 11/4/2017 ruling, which ruled that the competence of the Supreme Judicial Council to nominate the President and members of the Federal Supreme Court and explained the reasons and circumstances of that provision.
He stated that "the Federal Supreme Court found that article (3) the subject of the appeal of unconstitutionality was initiated within the law of the Federal Supreme Court issued by the National Authority Legislative Decree No. (30) of 2005 under the provisions of the Transitional Administrative Law, The Federal Supreme Court is the President of the Supreme Judicial Council, and was not problematic in the Supreme Judicial Council nominate the President and members of the Federal Supreme Court.
He stressed that, "The Federal Supreme Court stated that it was completely different after the issuance of the Constitution of the Republic of Iraq and its implementation in 2005, where article (92 / I) of the Supreme Federal Court is a judicial body financially and administratively independent from the rest of the components of the judiciary provided for in Article Article 92 (II) of the Constitution provides for the special provisions of the Court, including its composition and the selection of members, and this shall be by virtue of a law enacted by a majority of the members of the House of Representatives. "
He pointed out that "the Federal Supreme Court stated that the competence of the Supreme Judicial Council under Article (91 / II) has become limited to the nomination of specific judicial addresses received exclusively and presented to the House of Representatives for appointment and is the President and members of the Federal Court of Cassation and Chief of Public Prosecution and Chairman of the Judicial Supervisory Authority "He said.
The Spokesman pointed out that "the court confirmed that the constitutional text stated that the nomination of the President and members of the Federal Supreme Court has become outside the jurisdiction of the Supreme Judicial Council as of the issuance of the Constitution of the Republic of Iraq and its implementation in 2005, but under the text of a law initiated by the House of Representatives, Its members in accordance with the provisions of Article (91 / II) of the Constitution, taking into account the terms of reference of this court and ensure its independence in the fullest to ensure the proper application of the Constitution and legitimacy.
He added that "the Federal Supreme Court found the audit of the defenses presented by the plaintiff / in addition to their function, that the payment made by the first defendant the President of the Republic on the tongue of his agent not to resort to the dispute in the case to find his support in the provision of Article (4) of the Civil Procedure Code No. (83) of 1969 ".
"The court found that the objections filed by the second defendant, the Speaker of the House of Representatives, in addition to his job on the tongue of his agent in the availability of interest to the plaintiff in the prosecution and the extent of damage to Article (3) of the Federal Supreme Court, "This is about the illegality of the existence of this article because it violates the provisions of the Constitution and because it relates to matters of justice, justice is obsessed with every citizen in Iraq, and is entitled to take legal means to establish and protect."
He stressed that "the Federal Supreme Court decided that the plaintiff's defenses on Article (2) of the Law of the Supreme Council of the Judiciary, has become the subject of consideration is not subject after the prosecutor at the end of the petition and at the hearing the request for unconstitutionality Article (3) of the Law of the Court And the Court is bound by what is stated in this request. "
"The court ruled that the plaintiff's claim against the first defendant, the president of the republic, should be reversed, in addition to his job, because the dispute is not justified in this case, based on the provisions of Article 4 of the Civil Procedure Law. Because it is not based on a reason of the Constitution and the law. "
He pointed out that "the Federal Supreme Court ruled not to Article (3) of the Federal Supreme Court Law issued by the National Authority Legislative Decree No. (30) in 2005 and the text, the Federal Supreme Court consists of the President and eight members are appointed by the Presidency Council on the nomination Of the Supreme Judicial Council in consultation with the Judicial Councils in the Region, as provided for in paragraph (e) of Article Forty-fourth of the State Administration of Transitional Law, insofar as it relates to the competence of the Supreme Judicial Council to nominate the president and members of the Federal Court, (91) (II) and (92) of the Constitution of the Republic of Iraq for the year 2005, and notice the Council of Representatives legislation of alternative article to him within the law of the Supreme Federal Court envisaged by the House of Representatives in accordance with the provisions of Article (92 / II) of the Constitution. "
The Supreme Federal Court ruled Tuesday, unconstitutional article in its law No. (30) for the year 2005 gave the Supreme Judicial Council the power to nominate the President and members of the Federal Supreme Court.
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the members of the judges and considered a lawsuit in which the prosecutor, both the President of the Republic and the Speaker of the House of Representatives, in addition to their job," the court's spokesman Ayas al-Samuk said in a statement.
Al-Samok added that "the plaintiff limited his petition to the unconstitutionality of Article (3) of the Federal Supreme Court Law No. (30) of 2005 and to request the House of Representatives to legislate an alternative article in accordance with the Constitution, .
He added that "the plaintiff based his request to rule on the unconstitutionality of Article (3) of the law of the Federal Supreme Court, citing the violation of the provisions of the Constitution, which gave the Council of the Supreme Judicial authority is not owned after the issuance of the Constitution of the Republic of Iraq for 2005.
"The prosecutor pointed out that the Federal Supreme Court has ruled implicitly unconstitutional of that article, on the occasion of the lawsuit established by the President of the Supreme Judicial Council No. (19 / Federal / 2017), which recognized the lack of competence of the Supreme Judicial Council after the issuance of the Constitution The Republic of Iraq, the nomination of the President and members of the Federal Supreme Court, and the Court issued on 11/4/2017 ruling, which ruled that the competence of the Supreme Judicial Council to nominate the President and members of the Federal Supreme Court and explained the reasons and circumstances of that provision.
He stated that "the Federal Supreme Court found that article (3) the subject of the appeal of unconstitutionality was initiated within the law of the Federal Supreme Court issued by the National Authority Legislative Decree No. (30) of 2005 under the provisions of the Transitional Administrative Law, The Federal Supreme Court is the President of the Supreme Judicial Council, and was not problematic in the Supreme Judicial Council nominate the President and members of the Federal Supreme Court.
He stressed that, "The Federal Supreme Court stated that it was completely different after the issuance of the Constitution of the Republic of Iraq and its implementation in 2005, where article (92 / I) of the Supreme Federal Court is a judicial body financially and administratively independent from the rest of the components of the judiciary provided for in Article Article 92 (II) of the Constitution provides for the special provisions of the Court, including its composition and the selection of members, and this shall be by virtue of a law enacted by a majority of the members of the House of Representatives. "
He pointed out that "the Federal Supreme Court stated that the competence of the Supreme Judicial Council under Article (91 / II) has become limited to the nomination of specific judicial addresses received exclusively and presented to the House of Representatives for appointment and is the President and members of the Federal Court of Cassation and Chief of Public Prosecution and Chairman of the Judicial Supervisory Authority "He said.
The Spokesman pointed out that "the court confirmed that the constitutional text stated that the nomination of the President and members of the Federal Supreme Court has become outside the jurisdiction of the Supreme Judicial Council as of the issuance of the Constitution of the Republic of Iraq and its implementation in 2005, but under the text of a law initiated by the House of Representatives, Its members in accordance with the provisions of Article (91 / II) of the Constitution, taking into account the terms of reference of this court and ensure its independence in the fullest to ensure the proper application of the Constitution and legitimacy.
He added that "the Federal Supreme Court found the audit of the defenses presented by the plaintiff / in addition to their function, that the payment made by the first defendant the President of the Republic on the tongue of his agent not to resort to the dispute in the case to find his support in the provision of Article (4) of the Civil Procedure Code No. (83) of 1969 ".
"The court found that the objections filed by the second defendant, the Speaker of the House of Representatives, in addition to his job on the tongue of his agent in the availability of interest to the plaintiff in the prosecution and the extent of damage to Article (3) of the Federal Supreme Court, "This is about the illegality of the existence of this article because it violates the provisions of the Constitution and because it relates to matters of justice, justice is obsessed with every citizen in Iraq, and is entitled to take legal means to establish and protect."
He stressed that "the Federal Supreme Court decided that the plaintiff's defenses on Article (2) of the Law of the Supreme Council of the Judiciary, has become the subject of consideration is not subject after the prosecutor at the end of the petition and at the hearing the request for unconstitutionality Article (3) of the Law of the Court And the Court is bound by what is stated in this request. "
"The court ruled that the plaintiff's claim against the first defendant, the president of the republic, should be reversed, in addition to his job, because the dispute is not justified in this case, based on the provisions of Article 4 of the Civil Procedure Law. Because it is not based on a reason of the Constitution and the law. "
He pointed out that "the Federal Supreme Court ruled not to Article (3) of the Federal Supreme Court Law issued by the National Authority Legislative Decree No. (30) in 2005 and the text, the Federal Supreme Court consists of the President and eight members are appointed by the Presidency Council on the nomination Of the Supreme Judicial Council in consultation with the Judicial Councils in the Region, as provided for in paragraph (e) of Article Forty-fourth of the State Administration of Transitional Law, insofar as it relates to the competence of the Supreme Judicial Council to nominate the president and members of the Federal Court, (91) (II) and (92) of the Constitution of the Republic of Iraq for the year 2005, and notice the Council of Representatives legislation of alternative article to him within the law of the Supreme Federal Court envisaged by the House of Representatives in accordance with the provisions of Article (92 / II) of the Constitution. "
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