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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    The unconstitutionality of Law No. 42...full details of the Federal Court’s ruling regarding Khor Ab

    Rocky
    Rocky
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    The unconstitutionality of Law No. 42...full details of the Federal Court’s ruling regarding Khor Ab Empty The unconstitutionality of Law No. 42...full details of the Federal Court’s ruling regarding Khor Ab

    Post by Rocky Tue 24 Oct 2023, 4:03 am

    [size=35][size=35]The unconstitutionality of Law No. 42...full details of the Federal Court’s ruling regarding Khor Abdullah[/size]
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    2023-10-24 | 11:11
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    Al-Sumaria News - Local

    The Federal Supreme Court issued 26 decisions and rulings during the month of last September regarding constitutional cases and requests presented before it, during its successive sessions and in the presence of all its members.


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    Court Judge[url=https://www.alsumaria.tv/Entity/4286684761/%D8%AD%D9%8A%D8%AF%D8%B1 %D8%B9%D9%84%D9%8A %D9%86%D9%88%D8%B1%D9%8A/ar/]Haider Ali Nouri[/url]said, “The court issued several decisions and constitutional rulings in a number of cases before it, most notably the ruling issued in the case numbered (105 and consolidated 194/Federal/2023) dated 9/4/2023, according to which the following was decided:



    First: The ruling is unconstitutional[url=https://www.alsumaria.tv/Entity/1917377000/%D8%A7%D9%84%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%B1%D9%82%D9%85 (42) %D9%84%D8%B3%D9%86%D8%A9 2013/ar/]Law No. (42) of 2013[/url](The law on ratification of the agreement between a government[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]And government[url=https://www.alsumaria.tv/Entity/47647/%D8%AF%D9%88%D9%84%D8%A9 %D8%A7%D9%84%D9%83%D9%88%D9%8A%D8%AA/ar/]Kuwait[/url]Concerning the regulation of navigation in Khor Abdullah. Second: Abandoning what was stated in the decision of this court, No. (21/Federal/2014) dated 12/18/2014.

    The judge explained that “for not following[url=https://www.alsumaria.tv/Entity/1488748421/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A/ar/]Iraqi Council of Representatives[/url]At the time, the constitutional procedures necessary to vote on the law - the subject of the challenge - which require the approval of a two-thirds majority of its members, which was not achieved in the voting session on the contested law, as it was adopted[url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url]When issuing its aforementioned ruling, it was based on one of the reasons for its issuance, as the principle that lies in its conclusion (it is not permissible to suspend the provisions of the Constitution in exchange for local legislation that contradicts it in force before the enactment of the Constitution), and that is that the agreement between the government[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]And government[url=https://www.alsumaria.tv/Entity/47647/%D8%AF%D9%88%D9%84%D8%A9 %D8%A7%D9%84%D9%83%D9%88%D9%8A%D8%AA/ar/]Kuwait[/url]Regarding the regulation of maritime navigation in Khor Abdullah - the subject of the unconstitutionality appeal - it was done based on his powers[url=https://www.alsumaria.tv/Entity/2523160858/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]stipulated in Article (80/Sixth) of the Constitution[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]of 2005, which stipulates that (it is practiced[url=https://www.alsumaria.tv/Entity/2523160858/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The following powers: Sixth: Negotiating and signing international treaties and agreements (or whomever he authorizes).

    He continued: “Based on the commitment[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]With all its people, authorities and constitutional institutions, on the principle of good neighbourliness, non-interference in the internal affairs of other countries, seeking to resolve disputes by peaceful means, establishing relations with Iraq on the basis of common interests, reciprocity and respecting its international obligations in implementation of the provisions of Article (8) of the aforementioned Constitution, and on the basis of the above, a project was presented. The law of ratification of the aforementioned agreement[url=https://www.alsumaria.tv/Entity/1488748421/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A/ar/]Iraqi Council of Representatives[/url]In its session numbered (14) on (8/22/2013) for the purpose of voting on it, it was voted on by the (172) members of the House of Representatives present, with approval, based on the provisions of Article (61/Fourth) of the aforementioned Constitution, which stipulates that: (The House of Representatives is responsible for the following: Fourth: Regulating the process of ratifying international treaties and agreements, by law enacted by a two-thirds majority of the members of the House of Representatives). However, failure to achieve the quorum referred to in the aforementioned article (a two-thirds majority) makes the law issued regarding the process of ratification International treaties and agreements are tainted by a formal defect that undermines their constitutionality. This can be concluded from the number of representatives present (172) compared to the total number of members of the House of Representatives, with which a two-thirds majority cannot be achieved.

    The judge noted, in addition to the above, that “Law No. (42) of 2013 (the law ratifying the treaty that is being challenged as unconstitutional) was published in the Iraqi newspaper Al-Waqa’i, issue (4299, on 11/25/2013) at the time of entry into force of law No. (111) of 1979 (the law). Concluding treaties), and Article Three of it stipulates that (1- Approval - the expression of the will of the Iraqi Republic to adhere once and for all to the treaty, through rating or accession. 2 - Ratification - the legal procedures by which the[url=https://www.alsumaria.tv/Entity/2079964479/%D9%85%D8%AC%D9%84%D8%B3 %D9%82%D9%8A%D8%A7%D8%AF%D8%A9 %D8%A7%D9%84%D8%AB%D9%88%D8%B1%D8%A9/ar/]Revolutionary Command Council[/url]of the Iraqi Republic proves its final approval at the international level. To adhere to a treaty previously signed by the Iraqi Republic or its government, or previously approved by an international organization or international conference), and based on the provisions of Article (130) of the aforementioned Constitution, which stipulates that (the legislation in force shall remain in force, unless it is repelled or amended, according to the provisions of this Constitution), therefore, Law No. (111) of 1979 (the Treaty Contracting Law) was in effect at the time of ratification of the law being challenged as unconstitutional, until it was repealed pursuant to Article (30) of Law No. (35) of 2015. Which stipulates that ((The Law on Contracting Treaties No. (111) of 1979) shall be repealed), and despite its validity and enforcement, its provisions cannot be implemented and relied upon at the time, because the Mechanisms for implementing them have been disrupted, which requires the application of the provisions of Article (61/Fourth). ) of the Constitution, and classification of the law under challenge by a two-thirds majority of the members of the House of Representatives, as it is not possible to implement a legal text that contradicts the Constitution despite the validity of that text because the mechanisms for its implementation have been disrupted, as the dissolved[url=https://www.alsumaria.tv/Entity/2079964479/%D9%85%D8%AC%D9%84%D8%B3 %D9%82%D9%8A%D8%A7%D8%AF%D8%A9 %D8%A7%D9%84%D8%AB%D9%88%D8%B1%D8%A9/ar/]Revolutionary Command Council[/url]responsible for rating in accordance with Law No. (111) of 1979 is no longer It exists, and the type of government system, its institutions, their powers, and the mechanism for exercising those powers differed completely, and all of that became established in accordance with what was stated in the Constitution of the Republic of Iraq for the year 2005. Accordingly, the subject of negotiating international treaties and agreements, signing them, and the mechanism for ratifying them became radically different from what was decreed for it under Treaty Contracting Law No. (111) of 1979, and on the basis of the above, it is not permissible to suspend the provisions of the Constitution of the Republic of Iraq for the year 2005 in exchange for local legislation that conflicts with it and is effective before its entry into force. force. Rather, local legislation and other legislation resulting from it, in violation of the Constitution, become the subject of a ruling as unconstitutional, when Its constitutionality was not challenged before the Federal Supreme Court, based on the provisions of Article (13/Second) of the Constitution, which stipulates that (no law may be enacted that conflicts with this Constitution, and every text contained in the constitutions of the regions, or any other legal text that conflicts with it, is considered invalid) As it is the guarantor of Iraq's unity, independence and autonomy, and through it the interest of Iraq and its people is embodied in its past, present and future, until it truly becomes a faithful translation of the blood of the martyrs, and through it the building of true democratic institutions and independent authorities that believe in rights and freedoms and the necessity of protecting them in accordance with its provisions and the applicable laws have been achieved.

    Judge Nouri added:[url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url]It issued its interpretive decision No. (171/Federal/2023) on 9/21/2023, which relates to the interpretation of Article (49/Sixth) of the Constitution.[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]of 2005, which stipulates that (it is not permissible to combine membership in the House of Representatives with any other work or official position): The court concluded in its interpretive decision for the aforementioned article that: It is not permissible for a representative, during his term of office, to undertake any official work, and that work does not include work. Others that do not acquire official status, including work in non-governmental organizations, unions, or others, unless the competent authority decides to restrict or limit work in other informal work in accordance with or based on a law, provided that this restriction or limitation does not affect the essence of the right to work based on the text of Article (46) of the Constitution, in order to prevent influence on the representative when carrying out his parliamentary work, and to enable him to devote himself to his duties, in order to safeguard his role in this field, to preserve the prestige of the legislative authority represented by the House of Representatives and its members, which means that working in non-governmental organizations and unions does not conflict with Membership of a representative in the House of Representatives.

    Judge Nouri pointed out that the Constitution[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]For the year 2005, it is the primary guarantor of political, economic, social and cultural rights and freedoms for all Iraqis, because of the principles and provisions it contains that, when applied, aim to achieve democracy, security, stability and prosperity throughout the country, according to Al-Qadha newspaper. 

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