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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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    After the withdrawal of the Kurdish judge.. What is the legal status of the Federal Court?

    Rocky
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    After the withdrawal of the Kurdish judge.. What is the legal status of the Federal Court? Empty After the withdrawal of the Kurdish judge.. What is the legal status of the Federal Court?

    Post by Rocky Wed 13 Mar 2024, 4:54 am

    After the withdrawal of the Kurdish judge.. What is the legal status of the Federal Court?

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    Baghdad today - Baghdad
    Legal expert Salem Hawass confirmed today, Tuesday (March 12, 2024), that the Federal Supreme Court cannot hold its sessions in accordance with its law except in the presence of all its members, and that its decisions revolve between a simple majority and a two-thirds majority, and the withdrawal of one of its members does not affect its composition, nor does the withdrawal of one of its members disrupt its holding. The presence of the four reserve members.
    Hawass told “Baghdad Today” that “the internal regulations of the Federal Supreme Court No. 1 of 2022, published in the Iraqi newspaper, issue No. 4679 on 6/13/2022, stipulate in Article 3: First: The court shall convene at the invitation of its president or vice president in In the event of his absence or the senior member in the event of their absence together, Third: The court shall be formed under the chairmanship of the president, the vice president, or the senior member in the event of their absence for any reason. The seniority of the judges shall be from the date of the presidential decree issuing the appointment and in accordance with the arrangement contained therein, but the legal text restricts this.”
    He stated that “the provisions of Article 4, Clause Three of the bylaws stipulate: The deputy president of the court shall replace its president in the event of his absence for any reason, and in the event of their absence together, the most senior member shall replace them in accordance with what is stated in Article (3) of this bylaw, and the provisions of Article 33 of the bylaws stipulates that: The court shall convene under the chairmanship of its president or whoever replaces him in accordance with what is stated in Article (3) of this bylaw and in the presence of eight of its members. It shall issue its decisions by majority, except for the rulings and decisions related to settling disputes occurring between the federal government and the regional government, governorates and municipalities. Local administrations must issue it (by a two-thirds majority).” 
    The legal expert added, “The provisions of Article 3 of Court Law No. 30 of 2005 stipulate: First: A - The Federal Supreme Court shall consist of a president and a vice president (and seven original members) chosen from among first-class judges continuing to serve whose actual service is not less than a year.” The judiciary for (15) fifteen years, and b - The court has (four part-time reserve members) chosen from among the first-class judges continuing to serve whose actual service in the judiciary is not less than (15) fifteen years.”
    Hawass concluded by saying: “The provisions of Article 5 of the Federal Court Law stipulate: First - The President of the Court shall call its members to convene sufficiently before the specified date, and shall attach to the letter of invitation the agenda and related documents. The court’s meeting shall not be valid unless in the presence of (all its members).” Rulings and decisions shall be issued (by a simple majority), except for rulings and decisions related to settling disputes occurring between the federal government and the governments of regions, governorates, municipalities, and local administrations, which must be issued (by a two-thirds majority).”
    Earlier, the Kurdish judge in the Federal Court, Abdul Rahman Zebari, announced his withdrawal from the highest judicial authority in the country in protest against a series of decisions taken by the court against the Kurdistan region.
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