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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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    Parliament puts the judiciary under the mercy of the leaders of the political blocs

    Rocky
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    • Post n°1

    Parliament puts the judiciary under the mercy of the leaders of the political blocs Empty Parliament puts the judiciary under the mercy of the leaders of the political blocs

    Post by Rocky Sun 15 Jan 2017, 2:05 am

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    Parliament puts the judiciary under the mercy of the leaders of the political blocs


     Baghdad / Wael blessing 

     MPs are preparing to challenge the legislation vague and does not include clear mechanisms

    It expanded the powers of the House of Representatives following the approval of the Supreme Judicial Council Act comfortable majority in a hearing last Thursday. Under the new law, the first of the parliament authority over judicial appointments within the institution, which he considered a clear violation of constitutional deputies. 
    The opponents of the Judicial Council Act , the legislation allows the parliament, and leaders of the blocks behind him, lay hands on the judiciary, and threatens to beat up the principle of separation of powers and independence. 
    On the other hand criticized the members of the Legal Committee not to determine the law to the term of the President of the Council for the post. As the law is silent about other details are no less important, as a mechanism to choose replacements President and members of the Judicial Council in the event of their absence. 
    Although the law was passed a relaxing and comfortable majority, the parliamentary parties confirmed their quest to challenge the law, stressing that the bloc approved version differs by 100% from the draft presented by the government. 
    In addition to informed sources confirmed the determination of the Federal Court to challenge the law, by hiring one of Representatives to move the lawsuit. 
    And he gave members of the Legal Committee a written objection to the law in a hearing Thursday. The interventions of the House of Representatives at the meeting included several objections to some of the paragraphs of the law. 
    It did not include the statement of the House of Representatives, for Thursday 's meeting, referring to the interventions of the House of Representatives on the controversial legislation, as usual at the end of each session. 
    It will judge high Zeidan, head of the Federal Court of Cassation , the current, rather than Medhat al - Mahmoud at the head of the Judicial Council, in accordance with Article (2 / I) of the Act to show that ( the Supreme Judicial Council is composed of the President of the Federal Court of Cassation, and the Vice - President of the Federal Court of Cassation, the chief prosecutor, the head of the judicial oversight body, and the heads of the Federal courts of appeal, and the chairmen of the judiciary in the provinces). 
    The House passed last Thursday, the Supreme Judicial Council Act, a majority of its members. It is the first legislation for the judiciary after the Coalition Provisional Authority Order. 
    The law was passed in the second session held by the House of Representatives in the new legislative term, was chaired by Salim al - Jubouri, it was attended by 230 deputies. 
    And canceled the new legislation, which includes 11 articles only, the Coalition Provisional Authority Order (dissolved) No. (35) for the year 2003, it is working with the judiciary for more than a decade. 
    And stipulates (Article / 1) of the Act provides that "A council called the (Supreme Judicial Council) enjoys legal personality and financial and administrative independence, and is represented by the President or his nominee, based in Baghdad. 

    Eradicate However , Parliament 
    MP Jabbar al - Abadi, a member of State of Law bloc, said the legislation new will put the judiciary under the control of the House of Representatives, which must be independent according to the Iraqi constitution. 
    separated (Article 47) of the Constitution of the Federal authorities that they consist of a "legislative, executive and judicial powers, and exercise their competencies and tasks on the basis of the principle of separation of powers." 
    MP says Abadi in a telephone conversation with (range) yesterday, said that " the parliament to impose the appointment of Vice - President of the Federal Cassation Court and the President of the Federal Court of appeal and vice president of judicial oversight body," adding that "these powers are outside the boundaries of legislative power that have been identified in accordance with Article 61 of the Constitution . " 
    Article (61 / V / a) that the House of Representatives approves the appointment , " chairman and members of the Federal Cassation Court, the chief prosecutor, the head of the judicial oversight body, an absolute majority, on the proposal of the Supreme judicial Council. " 
    early appeals 
    and asserts MP Jabbar al - Abadi that " the law passed by the House of Representatives the text has been changed from the government version of 100%, and did not take the opinion of the elimination of those amendments , " stressing he would challenge the law as soon as its release officially. 
    Furthermore, early parliamentary source revealed that the determination of the Federal Court to challenge the constitutionality of the law. 
    Said the source, who spoke to (range) on condition of anonymity because of the sensitivity of the information, said that "You can not Bchksa court of appeal, but it will cost one of Representatives to move the lawsuit instead." 
    The head of parliament Saleem al - Jubouri was considered, in a statement issued in April 2015, the Federal Court decision determining the powers of Parliament as a major achievement of the Council, in advance thanks to the Iraqi judiciary , which said it "took into account the right of the House of Representatives in the legislation." 
    The Federal Court has confirmed, at the time, that the legislative branch exercised its powers to the full in accordance with Article 60.61, 62.64 / I of the Constitution At the forefront of the tasks done by legislation laws that required by the public interest and in accordance with constitutional contexts. 
    Federal Court emphasized that " the legislative competence of the House of Representatives must be mindful of the principle of separation of powers." 
    The Sadr movement had opened fire on the Islamic Supreme Council leader Ammar al - Hakim, accusing him of stalling Judicial Council Act, which was on the agenda of the Council late last year. 
    The Liberals accused the Shiite Alliance bloc of obstructing the vote on the law with the support of his boss, to pay certain destinations in the task of the judiciary positions. 
    Hakim received block on the accusations of the Liberal bloc, attributed the request to withdraw the law to its quest for a broader political consensus, and legislation more sedate law. 
    The dispute revolves around the time a few articles of the law, such as determining the position of Chairman of the Judicial Council, and the relationship of the recent Federal Court. 
    Hakim confirmed the block that the law will be presented again to vote in the new legislative term. 
    The scenes of the voting session 
    and although no signal parliament statement, issued after Thursday 's meeting, objections to the House of Representatives on the Judicial Council Act, but the MP Jabbar al - Abadi said , "my criticisms recorded on the modified all sent from the government during the voting session version." 
    For his part, MP Hassan Turan, a member of the parliamentary legal committee, said he and MP Hassan Shammari forward objection in writing to the terms of the law, and handed over the presidency to parliament. 
    He said Tauran, told the (range) yesterday, said that "MP Abbas al - Bayati , also objected to the law in the same meeting , " explaining that the objectors have confirmed that the law includes a violation of the Constitution and Aarai the principle of separation of powers. 
    Tauran said the parliamentarian saying that " the Judicial Council , the law did not specify the mandate of the President of the Council , " referring to the rejection of the Legal Committee of the proposal made by the mandate includes the head of the Judicial Council in four years , renewable once. 
    And member of the committee sees that the new law allows the survival of the current President of the Judicial Council in office "from the cradle to the grave", as he put it . 
    And merely a brief paragraph within the Judicial Council Act Select alternative to the president in his absence, without giving details of the action that will happen after that. 
    And Article (2 / II) that "solves the oldest members of the Council, replaces the president during his absence for any reason whatsoever."
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