Parliament is challenging the Federal Court

Parliament is challenging the Federal Court






2/17/2014 0:00

Judge Zuhair Kazem Abboud
knew the Civil Retirement Law in Article (1 / VII) an employee: that every person entrusted with the function civilian, military or within the security forces or assigned to public service and who receive a salary or Agra or remuneration from the state and are deducted from the arrests pensions.
was also known for in paragraph VIII temp that: Every person has been hired, and he fulfills the conditions of employment set forth in the Civil Service Act No. 24 of 1960 as amended.
thus limited the law definition of employee's continuous public service or contracted interim, however, the law contradiction with itself in the false Article (37) thereof, which stipulates the following:
First, an exception to the provisions of Article (21) of the Act ((which stipulates the existence of actual service of not less than 15 years and not taken to pay the pension, but after reaching the employee's 50 years old.)) is calculated pension for (President and Chairman of the House of Representatives and the President of the Council of Ministers and their deputies and members of the House of Representatives, ministers and their grade and Governing Council members and their alternates and members of the Interim National Council and the chairman and members of the National Assembly and deputy ministers and Bdrjtahm and receive salary and Undersecretary of the Ministry and advisers and those with special grades and rank of director general is paid salary Director General) in cases of retirement, death, resignation, with the approval of the competent authorities.
were crammed Governing Council members and all the alternates, were also crammed all the members of the National Assembly and its president, and all the members of the National Council of the boss, and all of the rank of minister, and all of the rank of Undersecretary of the Ministry, and all Who was paid salary and Undersecretary of the Ministry, even if not a degree agent, and all the advisers in the ministries and the presidency, and all those with special grades that are granted by the President and the Prime Minister, as well as all of the rank of director general.
and the separation of law benefits those in the following form:
first : (25 percent) Twenty-five percent of the last (salary Omkavoh or wages) and provisions which Tkadaha in service.
Secondly added proportion (2.5 percent), two and a half percent from last (salary or bonus or reward) and allowances for each year of years of service that not more than (80 percent), eighty percent of it.
that the error deliberate signed by the organizers of the legislation of such a law is that they are considered members of the House of Representatives ((staff continuing service)), while the law of Eshmlhm considering that Article 63 of the Iraqi Constitution stipulates defining the rights and privileges of the President of the House of Representatives and his deputies and members of the Board by law, and so the Constitution - a binding followers - select the particular rights and privileges that they deserve the President and Vice President and members of the Board, both during the period of the exercise of their work, or after the end of their mission, This on the one hand and on the other hand, the membership of the Board of Deputies is an important legislative Achmlha the provisions of the Civil Service Law are not subject to its provisions, and a member of the House of Representatives is supposed to be a representative of a certain number of people have been given the trust and agency to defend their interests and claim their rights in the legislative institution, does not it make sense that is regarded as a laborer deserves for that period rights pension for life, while he paid allowances and salaries and privileges throughout his tenure in the House of Representatives as a representative and the agents of the people.
also committed the House of Representatives sin legislative deliberate new when considered eliminating civilian job and his inclusion in the law of civil retirement, which he did dictator Saddam Hussein when he wanted to insult and curtail the role of the Iraqi judiciary, as the cancellation of the laws on the Elimination is vulnerable to an independent judiciary, which said the Iraqi constitution in more than one material (19, 47 and 87) on independence.
awarded as Article (37 / III. ) District Director and members of local councils and districts, counties and municipal councils (incisors and neighborhoods) who have a service more than four (4) years of salary minimum scheduled under the provisions of this law, without showing justification rationale for this salary for those who had served about 48 months, the deserves a pension for life for these months, while the law specify a period of 15 years, a minimum period of service that deserves whereby retired entitlement, thus violating this principle of equality before the law for all Iraqis, set by the Constitution in Article (14) thereof.
, and without any regardless of claim folk have hit Council wall display those demonstrations and popular demands that engulfed Iraq, and demanding that entitlement member of the House of Representatives and the President and his deputies, state pensions for the period of the electoral cycle, and strengthened those claims decisions of the Federal Supreme Court, the decisions are final and binding in accordance with Article (94 ) of the Constitution, and this has been passed the law at the expense of the people and a blatant challenge to his will and decisions of the Federal Supreme Court, and is a challenge stance disappointed to members of the House of Representatives who have to pass the law because they were able to pass a law that guarantees them rights to life, even at the expense of food and Iraqi public money , forgetting that people lookout for them, but most have not been elected by the people and did not Ichterhm, but was thrown into the responsibility of legislation, they are not worthy of this, the law of retirement Uniform Civil Code mined guaranteed rights for those Esthakha, a position that is not surprising to those who overcomes his interests and desires personal to the public good , as well as it's position reflects the difference in the look at the House of Representatives to the Iraqis in the rights issue, one of the most important and the most noble national tasks, and publicly say that the Iraqis will remember those names that have worked to convince the citizen and the enrichment of the account and is no stranger to come reasons for the law inconsistent with the provisions contained therein.



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