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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

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    Federal Court clarifies the provisions of the opposition to the parliamentary seat Sunday, October 2

    Rocky
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    Federal Court clarifies the provisions of the opposition to the parliamentary seat Sunday, October 2 Empty Federal Court clarifies the provisions of the opposition to the parliamentary seat Sunday, October 2

    Post by Rocky Sun 21 Oct 2018, 3:51 am

    Federal Court clarifies the provisions of the opposition to the parliamentary seat


    Sunday, October 21,



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    The Federal Court clarified Sunday, the provisions of the objection to the occupants of the parliamentary seat, pointing out that it is starting before the House of Representatives and then challenged the decision of the Council before it. 

    The official spokesman of the court Iyas al-Samuk in a statement received Alsumaria News, "The Federal Court ended most of its terms of reference for the general elections, in record time, from the ratification of the final results, to resolve the appeals of candidates for the post of President of the Republic who were excluded from Before the presidency of the House of Representatives. "

    "The court has only one jurisdiction left in this matter, which is contained in Article (52) of the Constitution, which states first: The Council of Representatives shall determine the validity of the membership of its members within thirty days from the date of registration of the objection by a two-thirds majority of its members. May be appealed against the decision of the Council before the Federal Supreme Court , within thirty days from the date of issue). 

    He stressed that "through the analysis of the text above it turns out that whoever has an objection to the occupant of a parliamentary seat to register that objection starting with the House of Representatives, which in turn presents the subject to vote within thirty days from the date of registration of this objection, and to take the vote constitutional and legal impact of refusal or response must To be by a two-thirds majority of the members, that is, not less than (220) deputies according to the number of members of the House of Representatives during the current session. "

    He added that "what is decided by the House of Representatives can be challenged before the Federal Supreme Court within a specific time frame, which is thirty days from the date of the issuance of the Council's decision," pointing out that "In this regard we quote the judgment of the Federal Supreme Court No. (13 / Federal / 2013) That this jurisdiction has been limited exclusively to the Federal Supreme Court in the Constitution because it has special jurisdiction on how to appeal the decision of the House of Representatives, which must be issued in accordance with paragraph (II) of Article (52) of the Constitution.

    He explained that "what can be observed from this constitutional text that he set a time limit of thirty days to oppose before the Federal Supreme Court from the date of the decision of the House of Representatives, but the objection in principle before the House of Representatives did not specify a specific time and can register the objection starting with the House of Representatives at any time During the electoral cycle, as confirmed by the Federal Supreme Court ruling No. (7 / Federal / 2015), which states that "the legislator, when opening an objection to membership, did not specify a period for its submission, because of considerations that may arise. Which undermines the health of the MP's membership). "

    Samok pointed out that "of these reasons explains the ruling of the Federal Supreme Court as if it appears after a period that the required academic certificate for membership forged, or that the owner of the seat objected previously sentenced, or other reasons that lose one of the conditions of membership," stressing that " Appeal to the decision of the House of Representatives before the Federal Supreme Court found the judicial judgment referred to above an inevitability and consequent non-observance and exceeded the fall of the right to appeal to ensure the stability of legal centers. 

    He said that "the summary of the above, the objection to the occupant of the seat is two ways linked to some of the hierarchy: the first through the House of Representatives is not associated with a certain time, but the Council to decide within thirty days from the date of registration, and the second way is to appeal the decision of the House of Representatives In front of the Supreme Federal Court and is required to be within a specific time frame, which is thirty days from the date of the decision of the House of Representatives.

    He stressed "the issuance of several judgments from the Federal Supreme Court to respond to objections to the occupants of parliamentary seats after the ratification of the final results without taking into account the hierarchy provided for in Article (52) of the Constitution."



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