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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

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    Legal" lack of conviction confirmed the decision

    Rocky
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    • Post n°1

    Legal" lack of conviction confirmed the decision Empty Legal" lack of conviction confirmed the decision

    Post by Rocky Sat 24 Aug 2013, 7:22 am

    Legal" lack of conviction confirmed the decision



    2013-08-24 Special - New Morning

    Federal Supreme Court ruled unconstitutional the law to reduce the salaries of the Presidency of the Republic No. (26) for the year 2011, pointing out that approval was unconstitutional and a violation of the principle of separation of powers to override the House of Representatives on the powers of the government.
    In the meantime, the parliamentary legal committee expressed its disappointment at the decision, saying it is obliged to implement it, but it's expected ratification of the Law of the mandate of the three presidencies despite the similarity of the two cases.
    A judicial source said in a statement (New Morning) that "the Federal Court headed by Judge Medhat al-Mahmoud was formed recently to look into the lawsuit filed against House Speaker Osama Najafi stabbed in the salaries and allowances of the presidency No. (26) for the year 2011," explaining that "the representative of the President of the Republic He claimed the law unconstitutional because it proceeded from Parliament, surpassing the role of the executive branch, which means a breach of the principle of separation of powers, as passed by the Constitution. "

    The source continued that "the representative of the prime minister confirmed to the court when he was admitted a third party adherence to a unified draft law had been submitted by the government to the legislature," denying at the same time agreeing on a proposal impugned before Parliament legislation as alleged by the defendant. "

    The law impugned was originally part of a project a unified name (salaries and allowances of the President and the Prime Minister and his deputies, ministers and deputy ministers and their grade and receive a salary, consultants and those with special grades, general managers and their grade and receive their salaries and bonuses monthly House Speaker and his deputies and members of the House of Representatives ) has been submitted to the parliament for legislation, but the latter tended to pass a law for each of the Presidency and the Council of Representatives and the Council of Ministers and the notification to the judicial authority to prepare a draft of its own.

    He went on judicial source saying that ?the court ruled unconstitutional the law and decided to cancel it?, attributed the decision to ?The parliamentary vote came without following the constitutional contexts stipulated in Articles (60 / I) and (80 / I-II), which had the involvement of executive power in the prepare proposals for laws in order to turn them into projects before passing.
    In return, the Legal Committee confirmed lack of conviction the Federal Court's decision, but acknowledged that not only have applied, at the same time complaining robbed the validity of the legislation.
    Committee member said Hassoun Fatlawi in an interview (New Morning) ?that the Federal Court and through its decisions recently found contrary to the Constitution, which draw explicitly to pass laws; first draft submitted by the government, and the second proposal submitted by ten deputies or a parliamentary committee.

    He Fatlawi that ?the Constitution does not provide for sending proposals for laws to the executive branch to Tndejeha and rewritten as the Court says in its decisions?, warning that ?the rules of procedure of the House of Representatives is the other inventory send proposals in which the bush finance any financial burdens new Lama proposed impugned reduce the salaries of the presidency Republic means the benefit of the executive power.

    Fatlawi acknowledged that ?despite the surprise decision which we expect to be reversed but we have only implemented because what comes out of the Federal Supreme Court is obliged us and can not be violated, expressing concern about? the continued confiscation of the legislative role of Parliament through such decisions.

    On the possibility of making the Federal Court decision to overturn the law defining the mandates of the three presidencies for the same reasons Re Fatlawi that the commitment to previous resolutions is the duty of the Federal Court frequently often behave in different directions, as the case before it, diligence and the evolution of jurisprudence constitutional and seems so obvious through what is issued by the Court of Cassation? , stressing that ?the mandates of the three presidencies and constitutional misplaced because it prevents the emergence of a new dictatorship in the country, relying on the 'independence of the judiciary and not subjected to political pressure in the ratification of the law?.

    And the voice of Iraqi Council of Representatives during the second session of the second legislative term of the legislative year the third, which was held in, (the 26th of January 2013), the proposed law to limit the jurisdiction of the three presidencies , Central Province bloc State of Law coalition, led by Prime Minister Nuri al-Maliki , for the voting session that challenged it in federal court last but postponed consideration until its publication in the Official Gazette.

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