New crisis in parliament awaiting a judicial decision!

[ltr]New crisis in parliament awaiting a judicial decision![/ltr]

 Since 2017-10-06 at 12:58 (Baghdad time)
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[ltr]Baghdad Mawazine News[/ltr]
[ltr]The political crisis escalates between Baghdad and Erbil, without a glimmer of hope in the opportunity for dialogue and solving problems at the negotiating table because of the hardening of the positions of both parties after the independence referendum on the Kurdistan region on 25 September last.[/ltr]
[ltr]It came to the request of Iraqi Parliament Speaker Salim al-Jubouri to hold the Kurdish deputies involved in the referendum judicially, and to guide a letter to the Federal Court in this matter, to cover the question about the future of the Kurdish deputies after this judicial escalation.[/ltr]
[ltr]MP Mahmoud al-Hassan member of the parliamentary legal committee said, "The House of Representatives addressed the book to the Federal Court in this regard and awaits a response."[/ltr]
[ltr]"Any action or step coming from the Iraqi parliament depends on the opinion of the Federal Court and the measures that it will recommend against those who participated in the referendum, which resulted in supporting independence," al-Hassan told al-Hurra.[/ltr]

• What is the opinion of the law?
  
  

[ltr]"The constitution put a formula for the section, which express the commitment to the independence of Iraq and the maintenance of the Constitution, and thus could be a basic rule resorted to the Federal Court to give an interpretive opinion of the House of Representatives regarding the position of the deputies who participated in the referendum," says Iraqi legal expert and Maitham Handal.[/ltr]
[ltr]"It is likely that the federal court based on the state order issued by the unconstitutionality of the referendum before it was conducted," and see in the act of deputies a violation, and therefore correct the practice of accountability against them in the House of Representatives or even trigger complaints in other jurisdictions may be adopted by the prosecution.[/ltr]
[ltr]On September 27, prosecutors demanded that legal proceedings against those responsible for holding the referendum in the Kurdistan region be held before the Central Investigation Court, the official spokesman of the Supreme Judicial Council, Judge Abdul Sattar Birqdar, said.[/ltr]
[ltr]Judge Birkdar said that "the action came on the basis of the decision of the Ministerial Council for National Security approved by the House of Representatives, and to contravene the decision of the Federal Supreme Court."[/ltr]
[ltr]"The prosecutor asked the Ministerial Council for National Security and the competent authorities a list of persons violating the Constitution and the decision of the Federal Court to take legal action against them according to the law."[/ltr]

• Expected scenarios
  
  

[ltr]"Constitutional laws are legal texts regulating political action," he said, noting that the Federal Court would "take into account" this aspect of its recommendations in a way that does not impede political action in the government.[/ltr]
[ltr]The "suspension" of the membership of the parliament, according to Hantal, is likely until the matter is decided, while ruling out the abolition of membership, because it disrupts the work of the House of Representatives.[/ltr]
[ltr]He explains that the decision of the Federal Court expected, may give the House of Representatives powers to take action within certain mechanisms.[/ltr]
[ltr]Among the expected measures, "lifting immunity by the House of Representatives and then follow the rest of the proceedings, or may be the formation of investigative committees within the House of Representatives, or refer the matter to the ordinary judiciary and the public prosecutor to move complaints against them," predicted Hanzal.[/ltr]
[ltr]If the participation of these deputies in the referendum according to the laws followed, "then the right of defense will be guaranteed to all."[/ltr]
[ltr]In the end, he believes that the escalation in the crisis between Baghdad and Erbil "will continue until a political solution to the issue is reached, and therefore no action will be taken at this stage."[/ltr]




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