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[size=36]Federation announces its mechanism to replace 4 deputies[/size]
Political | 11:39 - 27/05/2019
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Baghdad - Mawazine News
The Federal Court, Monday, the mechanism that was adopted the process of replacing four deputies of the current session of the House of Representatives.
"The Iraqi Constitution of the Federal Supreme Court has set forth a set of competencies, including the authorization provided for in article 52 (II) of it, and article 52 of the Constitution states that" 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. Second: The decision of the Council may be appealed to the Federal Supreme Court within thirty days from the date of its issuance.
He added that "through the review of this text shows that the court exercise this jurisdiction after the formation of the House of Representatives, that is a separate process and subsequent ratification of the results of the general elections, which is also the jurisdiction of the Federal Supreme Court also under Article (93 / VII) of the Constitution.
"The Supreme Federal Court has exercised this jurisdiction on more than one occasion, and it is not related to a challenge to a law or a regime, but to a particular fact, is the object of the objection worthy of this seat or not ?, in light of the implementation of the Constitution, Distribution of seats in the right way ".
He pointed out that "the decision issued is the object of the objector only, and can not be applied specifically to others, which means that any objector to obtain a judicial decision must go through the mechanisms provided for in Article (52) of the Constitution."
Abizaid said: "The objection before the Federal Supreme Court is in accordance with a lawsuit in accordance with legal contexts in order to issue the verdict ordered. The Supreme Federal Court decided in the current electoral cycle and until now the claims of four objectors, all concerned with the application of the Constitution and the law and the system of distribution of parliamentary seats No. 12, Of 2018, where the Court conducted its investigations into the appeals and used the experts of former officials of the Independent High Electoral Commission to evacuate the technical aspects in the process of distribution of parliamentary seats in order to establish full conviction of what is necessary to issue the ruling in accordance with the authority provided for Of Article (52 / II) of the Constitution. "
He said that, "the court confirmed in its provisions, that the defenses that submitted the lack of jurisdiction in the consideration of these cases returned by virtue of the Constitution."
He pointed out that "the first paragraph of Article (52) of the Constitution has taken the House of Representatives jurisdiction to consider the objection submitted to him in interest of the validity of the membership of a member of the House of Representatives," noting that, "This objection - according to the Federal Supreme Court - be either Due to the failure of one or more of the required conditions or the presence of error or defect in the application of laws and regulations related to the process of election or in the procedures and distribution of seats in accordance with the system and in accordance with the approved rules and ratios contained in the Constitution and law and order, and then the House of Representatives to decide to accept the objection or refund. Light of his investigations. "
He explained that, "the Court found that the purpose of the Constitution of the mandate of this jurisdiction in the House of Representatives is to ensure the safety of the position of the deputy objected to the integrity of the legislative institution and to establish confidence in the health and safety of the election of its members and the power of this House of Representatives find their support as provided in Article (52 / I) First and second of Article (13) of the Constitution. "
He said that "this jurisdiction exercised by the majority of the House of Representatives in the year, including for example in Egypt, Kuwait, Jordan, the United Arab Emirates, Italy and Japan."
In the second paragraph of Article (52), the Constitution of the Council of Representatives issued the result of the objection, whether the acceptance or response of the Constitution, the competence to consider the appeal filed in the Supreme Federal Court within thirty days from the date of its issuance, The appeal shall be considered by the decision of the Council of Deputies issued exercising the same jurisdiction exercised by the Council of Representatives when it took the investigation of all aspects raised in the objection of the plaintiff even though it was on the other hand previously.
He added that, "The Supreme Federal Court's consideration is based on the constitutional authorization provided for in Article 52 / II of the Constitution, because its texts are supreme in the application of the texts in the laws and regulations related to the overall processes of electing the members of the House of Representatives and the distribution of seats Alawiteha in Article (13) of the Constitution. "
"Article (13) of the Constitution states the following: First: - This Constitution is the supreme and supreme law in Iraq, and shall be binding in all its aspects and without exception Second: - It is not permissible to enact a law that contradicts this Constitution, Any text contained in the constitutions of the territories or any other legal provision that conflicts with it ").
He explained that "the defenses related to the technical aspect have been answered in the reports of experts based on the provisions of the Constitution and the law of the election of the House of Representatives and the system of seats of the House of Representatives and the correct and productive."
He concluded that "the adoption of the Federal Supreme Court came to the expert reports as a reason to rule on the basis of the provisions of Article (140) of the law of evidence, and accordingly issued its rulings on objections filed, and decided to replace four people replaced four others in the House of Representatives of the same electoral lists and not from Other lists "
The Federal Court, Monday, the mechanism that was adopted the process of replacing four deputies of the current session of the House of Representatives.
"The Iraqi Constitution of the Federal Supreme Court has set forth a set of competencies, including the authorization provided for in article 52 (II) of it, and article 52 of the Constitution states that" 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. Second: The decision of the Council may be appealed to the Federal Supreme Court within thirty days from the date of its issuance.
He added that "through the review of this text shows that the court exercise this jurisdiction after the formation of the House of Representatives, that is a separate process and subsequent ratification of the results of the general elections, which is also the jurisdiction of the Federal Supreme Court also under Article (93 / VII) of the Constitution.
"The Supreme Federal Court has exercised this jurisdiction on more than one occasion, and it is not related to a challenge to a law or a regime, but to a particular fact, is the object of the objection worthy of this seat or not ?, in light of the implementation of the Constitution, Distribution of seats in the right way ".
He pointed out that "the decision issued is the object of the objector only, and can not be applied specifically to others, which means that any objector to obtain a judicial decision must go through the mechanisms provided for in Article (52) of the Constitution."
Abizaid said: "The objection before the Federal Supreme Court is in accordance with a lawsuit in accordance with legal contexts in order to issue the verdict ordered. The Supreme Federal Court decided in the current electoral cycle and until now the claims of four objectors, all concerned with the application of the Constitution and the law and the system of distribution of parliamentary seats No. 12, Of 2018, where the Court conducted its investigations into the appeals and used the experts of former officials of the Independent High Electoral Commission to evacuate the technical aspects in the process of distribution of parliamentary seats in order to establish full conviction of what is necessary to issue the ruling in accordance with the authority provided for Of Article (52 / II) of the Constitution. "
He said that, "the court confirmed in its provisions, that the defenses that submitted the lack of jurisdiction in the consideration of these cases returned by virtue of the Constitution."
He pointed out that "the first paragraph of Article (52) of the Constitution has taken the House of Representatives jurisdiction to consider the objection submitted to him in interest of the validity of the membership of a member of the House of Representatives," noting that, "This objection - according to the Federal Supreme Court - be either Due to the failure of one or more of the required conditions or the presence of error or defect in the application of laws and regulations related to the process of election or in the procedures and distribution of seats in accordance with the system and in accordance with the approved rules and ratios contained in the Constitution and law and order, and then the House of Representatives to decide to accept the objection or refund. Light of his investigations. "
He explained that, "the Court found that the purpose of the Constitution of the mandate of this jurisdiction in the House of Representatives is to ensure the safety of the position of the deputy objected to the integrity of the legislative institution and to establish confidence in the health and safety of the election of its members and the power of this House of Representatives find their support as provided in Article (52 / I) First and second of Article (13) of the Constitution. "
He said that "this jurisdiction exercised by the majority of the House of Representatives in the year, including for example in Egypt, Kuwait, Jordan, the United Arab Emirates, Italy and Japan."
In the second paragraph of Article (52), the Constitution of the Council of Representatives issued the result of the objection, whether the acceptance or response of the Constitution, the competence to consider the appeal filed in the Supreme Federal Court within thirty days from the date of its issuance, The appeal shall be considered by the decision of the Council of Deputies issued exercising the same jurisdiction exercised by the Council of Representatives when it took the investigation of all aspects raised in the objection of the plaintiff even though it was on the other hand previously.
He added that, "The Supreme Federal Court's consideration is based on the constitutional authorization provided for in Article 52 / II of the Constitution, because its texts are supreme in the application of the texts in the laws and regulations related to the overall processes of electing the members of the House of Representatives and the distribution of seats Alawiteha in Article (13) of the Constitution. "
"Article (13) of the Constitution states the following: First: - This Constitution is the supreme and supreme law in Iraq, and shall be binding in all its aspects and without exception Second: - It is not permissible to enact a law that contradicts this Constitution, Any text contained in the constitutions of the territories or any other legal provision that conflicts with it ").
He explained that "the defenses related to the technical aspect have been answered in the reports of experts based on the provisions of the Constitution and the law of the election of the House of Representatives and the system of seats of the House of Representatives and the correct and productive."
He concluded that "the adoption of the Federal Supreme Court came to the expert reports as a reason to rule on the basis of the provisions of Article (140) of the law of evidence, and accordingly issued its rulings on objections filed, and decided to replace four people replaced four others in the House of Representatives of the same electoral lists and not from Other lists "
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