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Hadithi reveals the constitutional violations of the law of the privileges of the House of Representatives
26/7/2018 12:00 am [rtl]Baghdad / Al-Sabah / conscious A spokesman for the Prime Minister's Office, Saad al-Hadithi, on Wednesday, that the law of the privileges of the House of Representatives violated previous decisions of the Federal Supreme Court, so challenged by Prime Minister Haider Abadi, while the Federal Supreme Court, not affected by the lawsuits filed by the President of the House of Representatives in addition to his job In the absence of a person after the end of his term, indicating that the agency that gave it remain valid as long as issued in accordance with the requirements of the law. Al-Hadithi said in a statement to the Iraqi News Agency "conscious" that the court's decisions "do not allow the House of Representatives to issue laws or legislation that entail spending within the general budget of the country, only to return to the executive authority represented by the Council of Ministers," noting that " Who is under the age of 50 and does not have 15 years of service to receive pension rights, and this also contravenes the legislation in force and in force in Iraq, the National Pension Law. Al-Hadithi added that "the law is a waste of public money as a result of the large funds that will be spent in the event of its application and work." He stressed that "the government goes to the Federal Court to decide on it by a final decision after it was challenged by the Prime Minister a few days ago. In the same context, a member of the alliance of victory, Hussein al-Marabi, said in a press statement that "the law of retirement of deputies, which was rejected some of its paragraphs by the Federal Court after the appeal by Prime Minister Haider Abadi is a provocation to the people and the reference." Al-Marabi added that "the law of the retirement of MPs set the salary of one deputy three million dinars," noting that "the law of the House of Representatives gives the deputy really to buy years of service." The Federal Court, which rejected some paragraphs of the law of the House of Representatives, after being challenged by the Prime Minister not to be affected by the actions of the President of the House of Representatives in addition to his job in the absence of his person after the end of his term of office. The court spokesman, Ayas al-Samuk, said in a statement received by the "morning": The "Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of judges, on Wednesday, and considered the request of the Secretariat of the House of Representatives, For his job in cases in the absence of the person of the President by the end of his term. " "The Court, by extrapolating the provisions of the Constitution of the Republic of Iraq in 2005 in its articles (1), (47), (48), (49) and (54), found that the Republic of Iraq is a single federal state, One of the components of the federal authorities, and that the House of Representatives is one of the components of this authority, which consists of a number of members who represent the people and the election of a president among them (to represent) the House of Representatives as a personality of an entity independent of the personality of its president. Al-Samok explained that "the court and reference to the texts that define the moral personality found that the Civil Code No. (40) of 1951, in Article (47) defines the moral personality and goes to its census in the forefront (the state), and paragraph (1) of Article (48) (2) of which stipulates that "every legal person shall have a representative who expresses his will" and that he shall have "the right to sue" for the legal person. He pointed out that "the Federal Supreme Court on the basis of the above stated that the House of Representatives - as one of the authorities that make up the Republic of Iraq - is a moral person and that the President of the House of Representatives is his representative and does not disappear this moral figure from the House of Representatives by change of the representative, and is not a natural person in itself A condition necessary for the establishment of the moral entity, and that the agency issued by him in addition to his job remains valid as long as it has been issued in accordance with its legal requirements and is not canceled by the change or change of the President of the Council at the end of his term of office, as long as the Agency has issued it and it can issue at the time; Who owns Issued shall remain in force until such time as any of the conditions provided for in Article 946 of the Civil Code shall be repealed, amended or amended. " Al-Samok pointed out that "the court affirmed in its ruling that this is what the concept contained in Article 130 of the Constitution goes to, which is required by the continuation of the functioning of the public utilities in the State in the performance of its functions and the change of its superiors. (The Iraqi Council of Representatives) and not to the person of the president in his capacity as the personal who ended his tenure for the post mentioned at the end of the electoral cycle [/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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