[size=35][size=35]Federal Court in 2023...more than 300 lawsuits, 47 state orders, and 11 interpretive decisions[/size]
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01-25-2024 | 04:17
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Al-Sumaria News - Local
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Court member Judge Haider Ali Nouri said, “On the occasion of the seventh anniversary of Iraqi Judiciary Day, the Federal Supreme Court, through its President, Judge Jassim Muhammad Abboud, and all its members, extends its highest congratulations and blessings to the Chairman of the Supreme Judicial Council, Judge Faiq Zaidan. May God Almighty restore the judiciary and judges with goodness and prosperity.” And the blessing.”
He added, "Many of the constitutions of the countries of the world adopted the dual judicial system, the ordinary and the administrative, whereby either of them exercises, depending on the circumstances and based on what the constitution stipulates, a jurisdiction in addition to its original jurisdiction, to consider the constitutionality of laws so that it thus assumes the duties of the constitutional judiciary, while the constitutions of other countries adopted Another is the tripartite system of the judiciary embodied in the constitutional, administrative, and ordinary judiciary, with an emphasis on the independence of any of them in terms of authority and jurisdiction. This is what the Constitution of the Republic of Iraq of 2005 adopted, in accordance with its texts and provisions, in response to the vision of the founding authority of the Constitution expressed clearly and explicitly in the preparatory work of the Constitution Writing Committee. Confirmed in the book of minutes of meetings of the Iraqi Constitution Writing Committee for the year 2005, first edition 2018, and the constitutional judiciary in Iraq is embodied in the Federal Supreme Court,” according to Al-Qadha newspaper.
He added, “The Federal Supreme Court in Iraq is an independent constitutional authority formed in accordance with its Establishment Law No. (30) of 2005, amended by Law No. (25) of 2021, of a president, a vice president, seven original members, and four part-time reserve members, exercising its powers and powers based on The provisions of the Constitution of the Republic of Iraq for the year 2005 in accordance with Articles (52 and 93) thereof and Article (4) of its amended founding law and some other special laws and its internal regulations.”
He continued, "The Federal Supreme Court is one of the components of the independent judiciary that enjoys complete and absolute independence based on the provisions of Articles (89 and 92/First) of the Constitution. It is inferred from the aforementioned two texts that the Federal Supreme Court enjoys two types of independence. The first is the formal independence that It is determined in accordance with the constitutional structure stipulated for the authorities in the state, which is based on the principle of separation of powers with the presence of cooperation, integration and harmony between them. It lies in the independence of the Federal Supreme Court from the legislative and executive authorities. The second type of independence is qualitative and objective independence based primarily on the nature of the tasks and powers. The powers exercised by the Federal Supreme Court are based on the provisions of the Constitution, its founding law, and its internal regulations referred to above, and are embodied in its independence from the ordinary judiciary and the administrative judiciary.”
Judge Nouri pointed out that “the Federal Supreme Court has proven the truth of its independence through the quality of the rulings it issued, its interpretive decisions, and the solid constitutional principles it contains, which are referred to as the Banu, confirming that it is the true protector of the Constitution, including the basic foundations it contains for building the state of law and constitutional institutions, such as rights, freedoms, independence of the judiciary, and deliberation.” Peaceful authority, periodic elections, etc.
He continued: Everything issued by the federal authorities is subject to the supervision and scrutiny of the Federal Supreme Court in accordance with its jurisdiction stipulated in Article (93/First and Third) of the Constitution, in addition to its other jurisdictions stipulated in the rest of the paragraphs of the aforementioned article and Article (52) thereof related to deciding on the validity of the MP’s membership in The House of Representatives is in addition to its powers stipulated in some other special laws.”
He stated that "the Federal Supreme Court has the authority to issue state orders that are considered non-conclusive decisions required by extreme necessity and a state of urgency, provided that they do not infringe on the origin of the right, until the origin of the case filed to challenge unconstitutionality or invalidity is decided."
The court member continued, “It is important to note that the authority of the Federal Supreme Court to issue an urgent state order, based on an independent request or implicitly in the constitutional cases brought before it, has not been addressed, nor has it been addressed in the amended Federal Supreme Court Law No. (30) of 2005.” Law No. (25) of 2021, nor the internal regulations of the Federal Supreme Court No. (1) of 2022, and thus it is subject to the provisions referred to in Articles (151 and 152) of the Civil Procedure Law No. (83) of 1969, as amended, to the extent that is commensurate with the nature of The constitutional lawsuit and its specificity, based on the provisions of Article (39) of the internal regulations of the Federal Supreme Court referred to above, which stipulates that (the court may consider requests for summary judgment and orders on petitions in accordance with the provisions stipulated in the Civil Procedure Law No. (83) of 1969 as amended. Or any other law that replaces it) and based on Article (36) thereof which stipulates that (the court’s decisions are final and binding on all authorities and persons and are not subject to appeal by any means of appeal...), and on the basis of the above, the issuance of a state order by the Federal Court The Supreme Court is governed only by the controls and conditions that must be met for its issuance referred to in the Code of Procedures to the extent that is commensurate with the specificity of the constitutional case, due to the finality of the decisions issued by this court and not being subject to methods of appeal.”
The rulings and decisions of the Federal Supreme Court are considered final and binding on all authorities based on the provisions of Article (94) of the Constitution, and failure to adhere to them results in a penalty similar to non-compliance with the provisions of the Constitution and breaching and violating its provisions, as they derive their authority, finality and bindingness from the provisions of the Constitution and thus rise to its provisions and texts.
The rulings and decisions of the Federal Supreme Court are issued in accordance with the provisions of the Constitution and the conviction of its judges based on the deliberations, discussions and pleadings that are conducted with high transparency and complete freedom as a logical result of the independence of the court and its judges in order to reach a just ruling in order to achieve the public interest and the highest constitutional interest in the state of law and constitutional institutions.
During the year 2023, the Federal Supreme Court heard (338) constitutional cases, of which (301) were settled with decisive rulings. It also issued (47) state orders and (11) interpretive decisions.
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Sweeteners
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01-25-2024 | 04:17
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Al-Sumaria News - Local
Great efforts were made by the Federal Supreme Court in Iraq last year, as the constitutional judiciary represented by the Federal Court decided 301 cases, and also issued 47 state orders and 11 interpretive decisions.
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Court member Judge Haider Ali Nouri said, “On the occasion of the seventh anniversary of Iraqi Judiciary Day, the Federal Supreme Court, through its President, Judge Jassim Muhammad Abboud, and all its members, extends its highest congratulations and blessings to the Chairman of the Supreme Judicial Council, Judge Faiq Zaidan. May God Almighty restore the judiciary and judges with goodness and prosperity.” And the blessing.”
He added, "Many of the constitutions of the countries of the world adopted the dual judicial system, the ordinary and the administrative, whereby either of them exercises, depending on the circumstances and based on what the constitution stipulates, a jurisdiction in addition to its original jurisdiction, to consider the constitutionality of laws so that it thus assumes the duties of the constitutional judiciary, while the constitutions of other countries adopted Another is the tripartite system of the judiciary embodied in the constitutional, administrative, and ordinary judiciary, with an emphasis on the independence of any of them in terms of authority and jurisdiction. This is what the Constitution of the Republic of Iraq of 2005 adopted, in accordance with its texts and provisions, in response to the vision of the founding authority of the Constitution expressed clearly and explicitly in the preparatory work of the Constitution Writing Committee. Confirmed in the book of minutes of meetings of the Iraqi Constitution Writing Committee for the year 2005, first edition 2018, and the constitutional judiciary in Iraq is embodied in the Federal Supreme Court,” according to Al-Qadha newspaper.
He added, “The Federal Supreme Court in Iraq is an independent constitutional authority formed in accordance with its Establishment Law No. (30) of 2005, amended by Law No. (25) of 2021, of a president, a vice president, seven original members, and four part-time reserve members, exercising its powers and powers based on The provisions of the Constitution of the Republic of Iraq for the year 2005 in accordance with Articles (52 and 93) thereof and Article (4) of its amended founding law and some other special laws and its internal regulations.”
He continued, "The Federal Supreme Court is one of the components of the independent judiciary that enjoys complete and absolute independence based on the provisions of Articles (89 and 92/First) of the Constitution. It is inferred from the aforementioned two texts that the Federal Supreme Court enjoys two types of independence. The first is the formal independence that It is determined in accordance with the constitutional structure stipulated for the authorities in the state, which is based on the principle of separation of powers with the presence of cooperation, integration and harmony between them. It lies in the independence of the Federal Supreme Court from the legislative and executive authorities. The second type of independence is qualitative and objective independence based primarily on the nature of the tasks and powers. The powers exercised by the Federal Supreme Court are based on the provisions of the Constitution, its founding law, and its internal regulations referred to above, and are embodied in its independence from the ordinary judiciary and the administrative judiciary.”
Judge Nouri pointed out that “the Federal Supreme Court has proven the truth of its independence through the quality of the rulings it issued, its interpretive decisions, and the solid constitutional principles it contains, which are referred to as the Banu, confirming that it is the true protector of the Constitution, including the basic foundations it contains for building the state of law and constitutional institutions, such as rights, freedoms, independence of the judiciary, and deliberation.” Peaceful authority, periodic elections, etc.
He continued: Everything issued by the federal authorities is subject to the supervision and scrutiny of the Federal Supreme Court in accordance with its jurisdiction stipulated in Article (93/First and Third) of the Constitution, in addition to its other jurisdictions stipulated in the rest of the paragraphs of the aforementioned article and Article (52) thereof related to deciding on the validity of the MP’s membership in The House of Representatives is in addition to its powers stipulated in some other special laws.”
He stated that "the Federal Supreme Court has the authority to issue state orders that are considered non-conclusive decisions required by extreme necessity and a state of urgency, provided that they do not infringe on the origin of the right, until the origin of the case filed to challenge unconstitutionality or invalidity is decided."
The court member continued, “It is important to note that the authority of the Federal Supreme Court to issue an urgent state order, based on an independent request or implicitly in the constitutional cases brought before it, has not been addressed, nor has it been addressed in the amended Federal Supreme Court Law No. (30) of 2005.” Law No. (25) of 2021, nor the internal regulations of the Federal Supreme Court No. (1) of 2022, and thus it is subject to the provisions referred to in Articles (151 and 152) of the Civil Procedure Law No. (83) of 1969, as amended, to the extent that is commensurate with the nature of The constitutional lawsuit and its specificity, based on the provisions of Article (39) of the internal regulations of the Federal Supreme Court referred to above, which stipulates that (the court may consider requests for summary judgment and orders on petitions in accordance with the provisions stipulated in the Civil Procedure Law No. (83) of 1969 as amended. Or any other law that replaces it) and based on Article (36) thereof which stipulates that (the court’s decisions are final and binding on all authorities and persons and are not subject to appeal by any means of appeal...), and on the basis of the above, the issuance of a state order by the Federal Court The Supreme Court is governed only by the controls and conditions that must be met for its issuance referred to in the Code of Procedures to the extent that is commensurate with the specificity of the constitutional case, due to the finality of the decisions issued by this court and not being subject to methods of appeal.”
The rulings and decisions of the Federal Supreme Court are considered final and binding on all authorities based on the provisions of Article (94) of the Constitution, and failure to adhere to them results in a penalty similar to non-compliance with the provisions of the Constitution and breaching and violating its provisions, as they derive their authority, finality and bindingness from the provisions of the Constitution and thus rise to its provisions and texts.
The rulings and decisions of the Federal Supreme Court are issued in accordance with the provisions of the Constitution and the conviction of its judges based on the deliberations, discussions and pleadings that are conducted with high transparency and complete freedom as a logical result of the independence of the court and its judges in order to reach a just ruling in order to achieve the public interest and the highest constitutional interest in the state of law and constitutional institutions.
During the year 2023, the Federal Supreme Court heard (338) constitutional cases, of which (301) were settled with decisive rulings. It also issued (47) state orders and (11) interpretive decisions.
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