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From 6 points .. The Federal Court issues a ruling regarding the dissolution of the Iraqi parliament
Shafaq News/ The Federal Supreme Court (the highest judicial authority in Iraq) announced on Wednesday that no authority in the country may "exceed the constitutional periods indefinitely", stressing at the same time that it is not within its jurisdiction to dissolve the Iraqi parliament.
The court said in a statement today, that it has ruled on lawsuit No. 132 and its units / Federal / 2022
She also stated that she sees the following:
1. The members of the House of Representatives, after being elected, 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 to dissolve 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 Council of Representatives in accordance with the provisions of Article (64/First) thereof.
5. The jurisdiction of the Federal Supreme Court is limited by Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law and does 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 the dissolution of Parliament, and therefore there is no room for applying the theory of constitutional omission.
The statement clarified that the purpose of the formation of the federal authorities is for the purpose of implementing the provisions of the constitution in accordance with the powers of each authority in order to guarantee the basic principles on which the constitution is based and to protect public rights and freedoms in accordance with the constitutional frameworks in a manner that ensures the preservation of civil peace and the unity of the country.
And the Federal Court continued in its statement by saying that the general reality in the country is in great decline, whether at the service level or at the level of the spread of financial and administrative corruption, which has greatly affected the citizen's confidence in state institutions and significantly affected the standard of living of the people.
Nassar al-Rubaie, Secretary-General of the Sadrist bloc, had filed a lawsuit against the President of the Republic, the Speaker of the House of Representatives, to rule to dissolve the House of Representatives for its fifth session, and to oblige the President of the Republic to set a date for holding legislative elections in accordance with the provisions of Article 64/second of the Constitution.
The leader of the Sadrist movement, Muqtada al-Sadr, had called on the Supreme Judicial Council to dissolve parliament within a period not exceeding the twentieth of this month, and assigning the President of the Republic to set a date for early elections, but the Council responded to al-Sadr's request to dissolve parliament, saying: "He does not have this authority." .
The content of the lawsuit deals with accusations of failing to elect a President of the Republic and violating the constitutional deadlines for forming the new government.
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The court said in a statement today, that it has ruled on lawsuit No. 132 and its units / Federal / 2022
She also stated that she sees the following:
1. The members of the House of Representatives, after being elected, 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 to dissolve 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 Council of Representatives in accordance with the provisions of Article (64/First) thereof.
5. The jurisdiction of the Federal Supreme Court is limited by Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law and does 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 the dissolution of Parliament, and therefore there is no room for applying the theory of constitutional omission.
The statement clarified that the purpose of the formation of the federal authorities is for the purpose of implementing the provisions of the constitution in accordance with the powers of each authority in order to guarantee the basic principles on which the constitution is based and to protect public rights and freedoms in accordance with the constitutional frameworks in a manner that ensures the preservation of civil peace and the unity of the country.
And the Federal Court continued in its statement by saying that the general reality in the country is in great decline, whether at the service level or at the level of the spread of financial and administrative corruption, which has greatly affected the citizen's confidence in state institutions and significantly affected the standard of living of the people.
Nassar al-Rubaie, Secretary-General of the Sadrist bloc, had filed a lawsuit against the President of the Republic, the Speaker of the House of Representatives, to rule to dissolve the House of Representatives for its fifth session, and to oblige the President of the Republic to set a date for holding legislative elections in accordance with the provisions of Article 64/second of the Constitution.
The leader of the Sadrist movement, Muqtada al-Sadr, had called on the Supreme Judicial Council to dissolve parliament within a period not exceeding the twentieth of this month, and assigning the President of the Republic to set a date for early elections, but the Council responded to al-Sadr's request to dissolve parliament, saying: "He does not have this authority." .
The content of the lawsuit deals with accusations of failing to elect a President of the Republic and violating the constitutional deadlines for forming the new government.
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