Parliament is making a series of amendments to the Federal Court Act in preparation for its adoption

[size=52]Parliament is making a series of [/size]
[size=52]amendments to the Federal Court Act in preparation for its adoption[/size]

[size=45]Baghdad / Mohammed Sabah
[size=45]The Legal Committee of the House of Representatives completed its preparations for the presentation of the Federal Court's second reading bill at the mid-week session. She said she had made a series of amendments to the government draft and defined the jurisdiction of the court at nine years and the age of the member by 73 years.[/size]
[size=45]The amendments, although controversial, have not been able to address some of the gaps in the government project which gave Sharia experts the right to veto any law or decision concerning the principles of Islam, which means the possibility of disrupting the court's ruling and exploiting it in all laws and decisions that deal with civil liberties and peaceful demonstration .[/size]
[size=45]On the other hand, differences between the Supreme Judicial Council and the Federal Court on the eligibility of any party to nominate the members of the Federal Court after the failure of the legislative powers for three sessions in passing this law.[/size]
[size=45]"The House of Representatives has completed its amendments to the draft law of the Federal Court and is ready to be presented for the second reading at this mid-week session," said Deputy Speaker of the Legal Committee in the House of Representatives Mohammad al-Ghazi.[/size]
[size=45]"The amendments included the development of several options to overcome the differences between the Supreme Judicial Council and the Federal Court on the body entrusted with the nomination of the members of the Court, including the formation of a committee of the three presidencies to select members or to mandate the House of Representatives process Filtration and selection ".[/size]
[size=45]The House of Representatives has completed the first reading of the draft law of the Federal Court in April, after agreeing with the government of Adel Abdul Mahdi, the legislation of more than fifteen laws have been suspended since previous sessions.[/size]
[size=45]"The amendments also included defining the jurisdiction of the Federal Court by nine years and the age of the member of the Court with (73) years," adding that "the vote within the Federal Court will be the principle of majority."[/size]
[size=45]Al-Ghazi pointed out that "the draft law proposes that the number of members of the Federal Court seven members to be added to two of the jurisprudents and two experts of law," pointing out that "the jurists will calculate their votes (within the members of the Federal Court) in the sessions that discuss the discussion and discussion of laws Which concerns Islamic jurisprudence. "[/size]
[size=45]The deputy chairman of the Legal Committee in the House of Representatives that "the jurists will be in the sessions of the Federal Court and have the right to vote on any law or abstention," asserting that "the draft law gives veto to the jurisprudents to veto and reject any law that differs with the principles of Islamic jurisprudence.[/size]
[size=45]The draft of the previous draft law limited the number of members of the Federal Court to 11 members, including jurists and law. The function of Islamic jurisprudents is limited to monitoring legislation approved by the House of Representatives which violates the principles of Islam. .[/size]
[size=45]Al-Ghazi said that his committee "will hold a meeting before Tuesday's session to resolve the issue of the faitwa of Islamic jurisprudents and the possibility of amending it and limiting it to voting or not."[/size]
[size=45]The House of Representatives postponed the previous session vote on the draft law of the Federal Court for a number of sessions after the sharp differences were to give the scholars of Sharia and law the status of membership and vote on the decisions taken.[/size]
[size=45]"There is a problem facing the passage of the Federal Court in the next parliamentary sessions is to achieve the approval of two-thirds of the members of parliament," says Ghazi, saying that "the Federal Court Act of the laws that affect the lives of citizens."[/size]
[size=45]According to the federal constitution, the Federal Supreme Court has several functions, including the interpretation of constitutional texts, as well as the supervision of new laws, non-violation of the Constitution and the settlement of disputes between the federal government and provincial and territorial councils.[/size]
[size=45]In turn, another member of the Legal Committee in the House of Representatives that "one of the most controversial points in the draft law of the Federal Court is to determine the candidate of the members of the Court," noting that "the bill proposes the formation of a high committee composed of the Prime Minister and Vice-President Parliament, Vice-Presidents, President and Vice-Presidents to nominate, select and nominate members of the Court. "[/size]
[size=45]"The government proposal was rejected by the majority of the members of the legal committee on the grounds that the selection of members of the court is the jurisdiction of the legislative authority," says the member of the parliamentary committee Hussein al-Aqabi said "the other points of contention are to determine the head of the judiciary. "[/size]
[size=45]"There is a tendency from the presidency of the House of Representatives to expedite the submission of the Federal Court Law for the second reading in the next parliamentary sessions," adding that "the age of members of the Federal Court is still one of the controversial paragraphs."[/size]
[size=45]He stressed that "the government project gives jurists the right to veto any law that contradicts the principles and principles of the Islamic religion," pointing out that "the mechanism of selection of experts of Sharia has not yet been resolved."[/size]
[size=45]The member of the Legal Committee that "the mechanism of legislation of the Sunni jurist is done through the Sunni Endowment and the Ministry of Awqaf in the Kurdistan Regional Government, while the Shiite will be through the Office of the Shiite Waqf and through the reference," asserting that "the process of nominating the scholars of Sharia is still a dispute between the political forces and Decide yet. "[/size]
[size=45]As for the proposal to amend the law of the Federal Court No. 30 of 2005 in force, the Deputy Chairman of the Legal Committee Mohamed al-Ghazi said that the parliament will go to amend the current law in the event of failure to vote on the draft government.[/size]
[size=45]"The proposal includes defining the age of members of the Federal Court by 65 years and determining the Supreme Judicial Council as the body responsible for the nomination," Ghazi said. "These amendments need not be passed to two-thirds of the members of parliament, but only by a simple majority."[/size]
[size=45]He added that "the second article in this proposal, which gave the Supreme Judicial Council nomination of members vetoed by the Federal Court, and therefore we will have to modify," noting that "Parliament will try to pass the bill, if not able to pass the proposal."[/size]
[size=45]The problem was specifically raised with the judiciary during the legislation of the House of Representatives Law of the Supreme Judicial Council No. (45) of 2017, which gave it the power to submit the budget of the judiciary and the nomination of members of the new Federal Court.[/size]
[size=45]The Federal Court ruled earlier that Articles 2 (1) are unconstitutional (1, 3 and 4) and Article (3 / Third - Eleventh of the Supreme Judicial Council Law No. 45 of 2017) based on the provisions of Article (92) of the Constitution with its two paragraphs (I) and (ii) of the Constitution, which considered that the Federal Supreme Court is a financially and administratively independent judicial body that must set its own annual budget.[/size]
[size=45]Al-Ghazi pointed out that "one-third of the members of the Federal Court do not enjoy complete physical integrity after the age of ninety years, which was reflected even on their signatures," calling for "to accelerate the adoption of the law of the Court to avoid the process of constitutional vacuum because of the problem currently taking place on the authority in the process of nomination. [/size]


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