Federal Court: The accountability of the President of the Republic must be accompanied by a law issued by the House of Representatives
The Federal Supreme Court confirmed that the exercise of its powers in the accountability of the President of the Republic for the charges against him must be accompanied by the issuance of a law of the Council of Representatives organize this process as stipulated by the Iraqi Constitution.
A statement issued by the Information Office of the Federal Supreme Court obtained "Trend Press" a copy of it, "The Court considered a constitutional lawsuit filed by a former member of the Najaf provincial council against both the President of the Republic / in addition to his job, the Prime Minister in addition to his job, The House of Representatives / in addition to its function. "
The statement continued that "the plaintiff asked to rule unconstitutionality of Resolution No. (333) issued by the Council of Ministers on 8/9/2015, which he considered falls within the jurisdiction of the House of Representatives Legislative."
He explained that "the prosecutor assigned to the President of the Republic / in addition to his job not to address the decision subject of the appeal, and considers it has abandoned its functions and violated the right that he swore," noting that "the Court finds in this aspect that exercise its jurisdiction to dismiss any charges attributed to the President of the Republic in addition to his job In accordance with Article 93 / VI of the Constitution. "
The statement pointed out that "the exercise of this jurisdiction is subject to the issuance of a law regulating the procedures of separation in such cases in light of the provisions of Article (61 / VI / B) of the Constitution and without the issuance of this law remains the jurisdiction of the Federal Supreme Court in the accounting is disabled, Issued on 13/6/2017 ".
The statement added that "the court found in assigning the plaintiff to the defendant the Speaker of the House of Representatives, in addition to his job to give up his legislative role. The Court replied that the House of Representatives issued a decision on 16/8/2015 number (15) guarantees the ratification of the Council of Ministers' Reformist, and was conditional on its approval of the Constitution and the law, and that does not mean the delegation of any of his legislative powers.
The statement added that "the court indicated that the plaintiff's appeal against the decision of the Council of Ministers is out of the powers stipulated in Article (93) of the Constitution and Article (4) of its law No. (30) of 2005, where that decision is the administrative decisions that other jurisdictions To consider the appeals contained therein, and accordingly decided to retaliate. " Sf
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