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On the challenge of the government and the law of the House of Representatives and composition
30/7/2018 12:00 am [rtl]Salam Makki Although the law of the House of Representatives and its formations, published on the website of the House of Representatives, within the framework of laws issued several months ago, but the legal and political controversy that has been raised around it, began since the publication of the Iraqi facts in the pre-last issue (4499) days. The rejection of the law reached its peak during the Prime Minister's appeal to the Federal Court to challenge a number of articles of the law, for the reasons stated in his petition. For its part, the Federal Court has shown the nature of the case, especially since the defendant (the Speaker of the House of Representatives in addition to his job) is not present because of the end of the parliamentary session . Where the court showed that his absence is not affected by the legal status of the Speaker of the House of Representatives, since the case is based on him as a functional rather than a personal, and that the change of the person of the president or the end of the parliamentary session does not affect the moral personality of the Council, as the acquisition of moral personality is in accordance with the law, And that the House of Representatives still exists as an existing legislative authority. It can be prosecuted, because the person who attends it is the legal representative who has already given that agency the power to contest and prosecute before the courts. After the court showed the validity of the dispute and showed the legal and constitutional bond, to plead the representative of the House of Representatives before the Federal Court, decided to stop the work of the legal texts challenged. The Prime Minister has not challenged the whole law, but certain texts, including those articles 5, 6, 11, 11, 13, 15, 17, VII, 19, 30 II, etc., of the articles contested. With regard to Article 5 I, which is contested as unconstitutional, it provides for the right to express opinion, thought, criticism and opposition, and to diagnose cases of corruption in the state departments. This paragraph contributes to the confusion of the work of the supervisory bodies concerned with the fight against corruption, in addition to violating the principle of separation of powers, as the function of the House of Representatives is the enactment and legislation of laws and control the work of the executive branch. Therefore, the follow-up cases of corruption and diagnosis of the jurisdiction of the executive departments such as the Integrity Commission, which is already subject to the control of the House of Representatives, as well as the Office of Financial Supervision. Therefore, there is no constitutional basis to grant the MP this power in the presence of cases of exploitation of the job to achieve personal interests. Article 6 Second, it is the most severe of Article 5, it gives the MP powers outside his jurisdiction originally, it gives him the right to represent the public interest (in all aspects) and has litigation before the judiciary as a representative of a hundred thousand people! Through this text, the deputy can bring a lawsuit against the will of the public interest, and he may enter the opponent in any lawsuit, whether between individuals between them or between them and the State represented by ministries or entities not associated with the Ministry. Especially that the phrase (the public interest in all aspects) is liable to take any legal action, by the MP. This is contrary to the general principles of the law, those principles which set certain conditions for the purpose of instituting a case before the competent courts. The most important of these conditions is the existence of the known interest and the possible situation. A deputy who is appealing to the courts in a particular case is not a party to it, and may not have a known or potential interest, which contravenes the Civil Procedure Law. The MP is part of the legislative authority whose constitution is defined by the Constitution under Article 61, and the concept of the Procuratorate is to exercise power on behalf of the people or voters who elected him. And that the prosecution is the legislation of laws and control the work of the executive branch. [/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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