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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 to consider the request to rule unconstitutional mandate of the President of the Repub

    Rocky
    Rocky
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    Posts : 272022
    Join date : 2012-12-21

    Federal Court to consider the request to rule unconstitutional mandate of the President of the Repub Empty Federal Court to consider the request to rule unconstitutional mandate of the President of the Repub

    Post by Rocky Wed 30 Jan 2019, 6:32 am


    Federal Court to consider the request to rule unconstitutional mandate of the President of the Republic to the Prime Minister

    13:41 - 30/01/2019


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    Information / Baghdad ..
    The Federal Supreme Court announced on Wednesday that it is considering a case to rule unconstitutional decree of the President of the Republic to mandate the Prime Minister to form a Council of Ministers.
    "The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the members of the judges and considered a lawsuit in which the plaintiff, both the President of the Republic and the Prime Minister, in addition to their job," the court's spokesman Ayas al-Samuk said in a statement.
    "The prosecutor said that the first defendant, the president of the republic, in addition to his job, has assigned the second defendant, the prime minister, in addition to his job as prime minister to form the cabinet," Samok said.
    He added that "the plaintiff stated that the constitutional article (18 / IV), it is not permissible for a person with a foreign nationality to assume a sovereign position, and obliges him to relinquish his acquired nationality, and regulated by law, and Article (9 / IV) 26) for the year 2006, ruled the same provision mentioned in Article (18 / IV) of the Constitution.
    "The prosecutor asked the Federal Supreme Court to confirm the resignation of the second defendant, the Prime Minister, in addition to his job, the French nationality acquired, otherwise the provision unconstitutional mandate and cancel the order of the first prosecutor, the President of the Republic, in addition to his function by entrusting the formation of the Council of Ministers.
    The Spokesman pointed out that "the Federal Supreme Court examined what was stated in the petition and found that the subject of the abandonment of foreign nationality by the Iraqi who assumes a senior position or security has been provided for in Article (18 / IV) of the Constitution and Article (9 / IV) of The Constitution of the Iraqi Nationality, but the constitutional article mentioned, has stipulated that the abandonment of foreign nationality acquired by law is issued in application of the provisions of the article mentioned (18 / IV) of the Constitution, and this requires the accuracy and accuracy of its application.
    Al-Samok said that "the Federal Supreme Court stated that the constitutional and legal articles mentioned above did not specify what is (sovereign positions) or (high security) did not specify how and when to abandon the acquired nationality, and left it to the law issued as stipulated in the provisions of Article (18) (IV) of the Constitution, whose acts can not be governed except by the issuance of that law. "
    He pointed out that "the Federal Supreme Court confirmed that this trend was followed in a ruling issued on 19/1/2015 number (100 / federal / 2013), and the text of ((Upon the scrutiny and deliberation of the Federal Supreme Court found that the term (sovereign position) or ( (18 / IV) of the Constitution is limited to the political orientations in Iraq, and those who determine these positions and the extent of their influence in the public policy of the state and organize their meanings in accordance with that law.
    He pointed out that "the court stated that the ruling was issued at the request of the House of Representatives on the occasion of receipt (the draft law on the abandonment of acquired nationality) from the Ministry of State for Parliamentary Affairs to the House of Representatives."
    He stressed that "the Federal Supreme Court went to the request of the plaintiff to verify the resignation of the second plaintiff, the Prime Minister, in addition to his job, the French nationality acquired is outside the jurisdiction specified in Article (4) of the law No. (30) of 2005, 93) of the Constitution of the Republic of Iraq, and accordingly decided to respond to the lawsuit for not based on the basis of the Constitution. Ending / 25

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