The ruling on unconstitutionality of two articles authorizing the House of Representatives to questi

Wednesday, March 6

ruled the Federal Court, Wednesday, unconstitutional articles in the House of Representatives and the Law No. formations (13) for the year 2018, pointing out that the provinces are not organized in the territory of the Law No. 21 of 2008 , drawing questioning conservative mechanisms. 

"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the attendance of all the judges and considered two unified appeals made by the governor of Anbar and Salah al-Din in addition to their functions, including the Speaker of the House of Representatives in addition to his job, to appeal," said Ayas al- Samuk, a spokesman for the court. Article (27 / Eleven) and Article (31) of the Law of the House of Representatives and its Formations No. (13) of 2018 ".


Al-Samok added that Article (27/11) of the law provided for the competence of the Council of Representatives to question the governor in accordance with the procedures related to the ministers and his dismissal by an absolute majority on the proposal of the Prime Minister and after proving one of the following reasons: 2 - causing the waste of public money, 3 - loss of one of the conditions of membership provided for in the law of provincial councils (21) for the year 2008 amended, 4 - negligence or default in the performance of duty and responsibility).

"Article (31) of the same law stipulates that the deputy and with the consent of twenty-five members to direct the questioning to the Prime Minister or ministers or officials of independent or conservative bodies to hold them accountable in matters within their jurisdiction," noting that " 61 / VII / C) of the Constitution has specified the titles of the positions that the Council of Representatives is concerned with the questioning of its occupants exclusively, namely the Prime Minister and the Ministers to hold them accountable in matters within their competence and did not mention the Governor within those positions. 

"The court stated that Article (61 / VIII / e) of the Constitution stipulates that" the Council of Representatives has the right to question officials of independent bodies in accordance with the procedures related to ministers. "Article 102-108 of the Constitution enumerated the independent bodies, (Conservative) among the independent bodies did not respond within the competence of the House of Representatives in Article (61) authority to question the governor.

He explained that "the Federal Supreme Court went to the Constitution in Article (61 / VII / C) and Article (61 / VIII / e), the owners of the titles of the positions of the House of Representatives the right to question them in matters that fall within their competence exclusively, "The court stated that Article (7 / VIII / A) of the Law of Governorates not organized in Region No. (21) for the year 2008 amended provided for the questioning of the governor by the provincial council, so that the interrogation of the governor Shall be in accordance with the provisions of this law. " 

He added that "the court based on the above ruled unconstitutionality of Article (27 / Eleven) and Article (31) of Law No. (13) for the year 2018 Law of the House of Representatives and its composition in violation of the provisions of the Constitution," explaining that "all issued by the Federal Supreme Court of Provisions and decisions binding and binding on all authorities in accordance with Article 94 of the Constitution.




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