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[size=35][size=35]Clarification from the Supreme Court regarding the role of the Court of Cassation in preserving public funds[/size]
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2020-02-03 | 02:30
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In a statement, Alsumaria News received a copy of it, the council said, "It is an embodiment of the legislative authority's keenness in various ages to preserve the public money. Article (97) of the Municipal Administration Law No. (165) of 1964 came in which it was stated (registered in the name of the municipality without all compensation." Streets located within its borders and which are left to be used for the public benefit that exist at the time this law comes into effect or that occur after that according to the laws in force or that fall within its limits when changing and the Land Registry departments must correct the registration of these streets in the name of the municipality directly if they are registered in the name of others without a fee).
He added, "From the analysis of this text, it is required to apply it to the property covered:
That there be an open street within the municipal boundaries, and therefore it does not include streets and roads outside the municipal boundaries, the provisions of which are regulated by other laws.
That this street be used for the public benefit by the public, actually.
And if this street was previously open when the law came into effect on 10/13/1964.[/size]
As for the streets that were created after its entry into force, the provisions of Article (97) were restricted by the provisions of the Expropriation Law No. (54) for the year 1970, which was repealed by the Expropriation Law No. (12) of 1981 which replaced it.
The fulfillment of these conditions results in the following:
1- The ownership of these streets is considered from the date of issuance and enforcement of Article (97) in the name of the municipality and its registration is considered a revealing of its ownership of the streets, not of its origin.
2-Because these streets were long ago in the public interest and provided countless services to the public, and for this reason, their registration in the public interest is without allowance.
And he added, "Based on the foregoing, the judicial work settled in all the courts of [You must be registered and logged in to see this link.] and at all levels of litigation, foremost of which is the Federal Court of Cassation, on the necessity of verifying whether the property included in the public street is covered by the provisions of Article (97) of the Municipal Administration Law or not when filing lawsuits to prevent opposition or demand Similarly paid by realtors that did not register the streets in the name of the municipality in the real estate registry house and the provisions of the civil judiciary in [You must be registered and logged in to see this link.] have been settled[You must be registered and logged in to see this link.]And the principles of the Federal Court of Cassation dismiss the lawsuit to prevent the opposition filed by the owner of the property going to the public street or demand a fee for the same if it is covered by the provisions of Article (97) and to say otherwise leads to the disruption of a vital public facility which is the public street and affects the public interest and public money in the heart. Because the legislative wisdom from the legislator’s age for this article is to protect public money from one side and achieve the public interest and ensure the continuity of the public facility from providing its services to citizens. This legislative wisdom is the result of the intrinsic relationship to the subject of expropriation of real estate in the public interest and its association with public money for real reasons related to the era of the old past To open these streets by the state in the fifties, fifties and thirties of the last century or earlier than that, for example, the opening of streets (cities of Kadhimiya, Adhamiya Karrada, Mansour, Bab Sharqi, Bab Al-Muadham, [url=https://www.alsumaria.tv/Entity/2630826764/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D8%B1%D8%B4%D9%8A%D8%AF/ar/]Al-Rashid[/url][url=https://www.alsumaria.tv/Entity/802298167/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D9%86%D9%87%D8%B1/ar/]Street[/url] , [url=https://www.alsumaria.tv/Entity/2630826764/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D8%B1%D8%B4%D9%8A%D8%AF/ar/]Al-[/url][url=https://www.alsumaria.tv/Entity/802298167/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D9%86%D9%87%D8%B1/ar/]Nahr Street[/url]Al-Kifah Street, [url=https://www.alsumaria.tv/Entity/3751078863/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D8%B3%D8%B9%D8%AF%D9%88%D9%86/ar/]Al-Saadoun Street[/url] ) as well as the streets of all of [You must be registered and logged in to see this link.] cities , for example (Mosul, Basra, Najaf, Karbala, Nasiriyah, Hilla, Kirkuk, Ramadi, etc.).
To advance the time period for opening these streets and because of the statute of limitations on the state and the position of the municipality on it and the use of it as streets that are used for public benefit, then this continuous possession of the municipality and its use for the public benefit shall be conclusive evidence of its ownership of these streets and the issuance of Article (97) except for the determination of this property.
Although this text, whose legislation has passed for more than fifty-six years, according to which public money and infrastructure ownership represented in public streets have been preserved, the direction of [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the Federal Supreme Court with[/url] its decision issued in the number (108) and its unit (124 / Federal / 2019) on 1/20/ 2020, which ruled the constitutionality of the provisions of Article (97) of the Municipal Administration Law raises suspicion, surprise, and motives that called on the President of [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the Federal Supreme Court[/url] to adopt the issuance of such a decision and in these sensitive circumstances that the country is going through coupled with the difficult economic conditions that the state is in spite of that any text Legal is legislated to save public money The public interest is one of the sacred axioms consent to the Constitution.
What came with the above decision in the event of its adoption will lead to a real financial catastrophe that falls on the state and weighs its treasury with absolutely infinite deficit and debts and billions of dinars resulting from the value of these streets and their benefits, and the state is obligated to pay them to real estate owners whose condition has been in the streets for more than half a century.
However, what was missed by the one who issued this ruling is that [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the Supreme Federal Court[/url] in its composition that issued the ruling was missing the legal form stipulated in Article (3) of the Federal Court Law No. (30) for the year 2005 as it was formed with the membership of eight judges and the ninth member is a retired judge judge Mohammad Rajab al - Kubaisi , who has been referred to the retirement on 1/7/2018 and thus negating the judicial described and be nominated and then appointed as a member parented by the [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url] non - existent and the consequent court be when issued judgment spent unconstitutional Article (97) From the Municipal Administration Law, it is missing its original form Noni The ruling is non - existent unenforceable this article and still be valid and enforceable and applicable This principle approved by the [url=https://www.alsumaria.tv/Entity/3308576392/%D8%A7%D9%84%D9%87%D9%8A%D8%A6%D8%A9 %D8%A7%D9%84%D8%B9%D8%A7%D9%85%D8%A9/ar/]General Authority[/url] of the Federal Court of Cassation in its decision number (2 //[url=https://www.alsumaria.tv/Entity/3308576392/%D8%A7%D9%84%D9%87%D9%8A%D8%A6%D8%A9 %D8%A7%D9%84%D8%B9%D8%A7%D9%85%D8%A9/ar/]The General Authority[/url] / 2020 (on 27/1/2020 in the process of checking the lawsuit of the dispute between [url=https://www.alsumaria.tv/Entity/3357056853/%D9%85%D8%AF%D9%8A%D8%B1%D9%8A%D8%A9 %D8%A8%D9%84%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%A8%D8%B5%D8%B1%D8%A9/ar/]the Basra Municipality Directorate[/url] and [url=https://www.alsumaria.tv/Entity/3509492168/%D8%A7%D9%84%D8%B4%D8%B1%D9%83%D8%A9 %D8%A7%D9%84%D8%B9%D8%A7%D9%85%D8%A9 %D9%84%D8%AA%D8%B5%D9%86%D9%8A%D8%B9 %D8%A7%D9%84%D8%AD%D8%A8%D9%88%D8%A8/ar/]the General Company for Grain Processing[/url] regarding the opening of a street on the plot of land for the case where the Federal Court of Cassation ruled to implement Article (97) of the Municipal Administration Law No. ( 165) for the year 1964 the ruling that it was unconstitutional issued by the Federal Court by Decree No. (108 / its unit 124 / Federal / 2019) on 20/1/2020 lost the legal form as it was issued by an incomplete court in terms of the numerical composition in terms of the requirements of the provisions of the two articles (3 and 5) of [url=https://www.alsumaria.tv/Entity/3800408013/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the law of the Federal Supreme[/url] No. (30) for the year 2005 , and so this decision becomes See the binding for any court and is not prohibited as described in Article 94 of the Constitution , because the status bits are the decision of the Court of updated legal quorum , according to the law of its formation.
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Policy
[You must be registered and logged in to see this link.]2020-02-03 | 02:30
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Source:
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1,090 views
[size=18]On Monday, the Supreme Judicial Council issued a clarification regarding the role of the Court of Cassation in preserving public funds.
In a statement, Alsumaria News received a copy of it, the council said, "It is an embodiment of the legislative authority's keenness in various ages to preserve the public money. Article (97) of the Municipal Administration Law No. (165) of 1964 came in which it was stated (registered in the name of the municipality without all compensation." Streets located within its borders and which are left to be used for the public benefit that exist at the time this law comes into effect or that occur after that according to the laws in force or that fall within its limits when changing and the Land Registry departments must correct the registration of these streets in the name of the municipality directly if they are registered in the name of others without a fee).
He added, "From the analysis of this text, it is required to apply it to the property covered:
That there be an open street within the municipal boundaries, and therefore it does not include streets and roads outside the municipal boundaries, the provisions of which are regulated by other laws.
That this street be used for the public benefit by the public, actually.
And if this street was previously open when the law came into effect on 10/13/1964.[/size]
As for the streets that were created after its entry into force, the provisions of Article (97) were restricted by the provisions of the Expropriation Law No. (54) for the year 1970, which was repealed by the Expropriation Law No. (12) of 1981 which replaced it.
The fulfillment of these conditions results in the following:
1- The ownership of these streets is considered from the date of issuance and enforcement of Article (97) in the name of the municipality and its registration is considered a revealing of its ownership of the streets, not of its origin.
2-Because these streets were long ago in the public interest and provided countless services to the public, and for this reason, their registration in the public interest is without allowance.
And he added, "Based on the foregoing, the judicial work settled in all the courts of [You must be registered and logged in to see this link.] and at all levels of litigation, foremost of which is the Federal Court of Cassation, on the necessity of verifying whether the property included in the public street is covered by the provisions of Article (97) of the Municipal Administration Law or not when filing lawsuits to prevent opposition or demand Similarly paid by realtors that did not register the streets in the name of the municipality in the real estate registry house and the provisions of the civil judiciary in [You must be registered and logged in to see this link.] have been settled[You must be registered and logged in to see this link.]And the principles of the Federal Court of Cassation dismiss the lawsuit to prevent the opposition filed by the owner of the property going to the public street or demand a fee for the same if it is covered by the provisions of Article (97) and to say otherwise leads to the disruption of a vital public facility which is the public street and affects the public interest and public money in the heart. Because the legislative wisdom from the legislator’s age for this article is to protect public money from one side and achieve the public interest and ensure the continuity of the public facility from providing its services to citizens. This legislative wisdom is the result of the intrinsic relationship to the subject of expropriation of real estate in the public interest and its association with public money for real reasons related to the era of the old past To open these streets by the state in the fifties, fifties and thirties of the last century or earlier than that, for example, the opening of streets (cities of Kadhimiya, Adhamiya Karrada, Mansour, Bab Sharqi, Bab Al-Muadham, [url=https://www.alsumaria.tv/Entity/2630826764/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D8%B1%D8%B4%D9%8A%D8%AF/ar/]Al-Rashid[/url][url=https://www.alsumaria.tv/Entity/802298167/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D9%86%D9%87%D8%B1/ar/]Street[/url] , [url=https://www.alsumaria.tv/Entity/2630826764/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D8%B1%D8%B4%D9%8A%D8%AF/ar/]Al-[/url][url=https://www.alsumaria.tv/Entity/802298167/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D9%86%D9%87%D8%B1/ar/]Nahr Street[/url]Al-Kifah Street, [url=https://www.alsumaria.tv/Entity/3751078863/%D8%B4%D8%A7%D8%B1%D8%B9 %D8%A7%D9%84%D8%B3%D8%B9%D8%AF%D9%88%D9%86/ar/]Al-Saadoun Street[/url] ) as well as the streets of all of [You must be registered and logged in to see this link.] cities , for example (Mosul, Basra, Najaf, Karbala, Nasiriyah, Hilla, Kirkuk, Ramadi, etc.).
To advance the time period for opening these streets and because of the statute of limitations on the state and the position of the municipality on it and the use of it as streets that are used for public benefit, then this continuous possession of the municipality and its use for the public benefit shall be conclusive evidence of its ownership of these streets and the issuance of Article (97) except for the determination of this property.
Although this text, whose legislation has passed for more than fifty-six years, according to which public money and infrastructure ownership represented in public streets have been preserved, the direction of [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the Federal Supreme Court with[/url] its decision issued in the number (108) and its unit (124 / Federal / 2019) on 1/20/ 2020, which ruled the constitutionality of the provisions of Article (97) of the Municipal Administration Law raises suspicion, surprise, and motives that called on the President of [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the Federal Supreme Court[/url] to adopt the issuance of such a decision and in these sensitive circumstances that the country is going through coupled with the difficult economic conditions that the state is in spite of that any text Legal is legislated to save public money The public interest is one of the sacred axioms consent to the Constitution.
What came with the above decision in the event of its adoption will lead to a real financial catastrophe that falls on the state and weighs its treasury with absolutely infinite deficit and debts and billions of dinars resulting from the value of these streets and their benefits, and the state is obligated to pay them to real estate owners whose condition has been in the streets for more than half a century.
However, what was missed by the one who issued this ruling is that [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the Supreme Federal Court[/url] in its composition that issued the ruling was missing the legal form stipulated in Article (3) of the Federal Court Law No. (30) for the year 2005 as it was formed with the membership of eight judges and the ninth member is a retired judge judge Mohammad Rajab al - Kubaisi , who has been referred to the retirement on 1/7/2018 and thus negating the judicial described and be nominated and then appointed as a member parented by the [url=https://www.alsumaria.tv/Entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url] non - existent and the consequent court be when issued judgment spent unconstitutional Article (97) From the Municipal Administration Law, it is missing its original form Noni The ruling is non - existent unenforceable this article and still be valid and enforceable and applicable This principle approved by the [url=https://www.alsumaria.tv/Entity/3308576392/%D8%A7%D9%84%D9%87%D9%8A%D8%A6%D8%A9 %D8%A7%D9%84%D8%B9%D8%A7%D9%85%D8%A9/ar/]General Authority[/url] of the Federal Court of Cassation in its decision number (2 //[url=https://www.alsumaria.tv/Entity/3308576392/%D8%A7%D9%84%D9%87%D9%8A%D8%A6%D8%A9 %D8%A7%D9%84%D8%B9%D8%A7%D9%85%D8%A9/ar/]The General Authority[/url] / 2020 (on 27/1/2020 in the process of checking the lawsuit of the dispute between [url=https://www.alsumaria.tv/Entity/3357056853/%D9%85%D8%AF%D9%8A%D8%B1%D9%8A%D8%A9 %D8%A8%D9%84%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%A8%D8%B5%D8%B1%D8%A9/ar/]the Basra Municipality Directorate[/url] and [url=https://www.alsumaria.tv/Entity/3509492168/%D8%A7%D9%84%D8%B4%D8%B1%D9%83%D8%A9 %D8%A7%D9%84%D8%B9%D8%A7%D9%85%D8%A9 %D9%84%D8%AA%D8%B5%D9%86%D9%8A%D8%B9 %D8%A7%D9%84%D8%AD%D8%A8%D9%88%D8%A8/ar/]the General Company for Grain Processing[/url] regarding the opening of a street on the plot of land for the case where the Federal Court of Cassation ruled to implement Article (97) of the Municipal Administration Law No. ( 165) for the year 1964 the ruling that it was unconstitutional issued by the Federal Court by Decree No. (108 / its unit 124 / Federal / 2019) on 20/1/2020 lost the legal form as it was issued by an incomplete court in terms of the numerical composition in terms of the requirements of the provisions of the two articles (3 and 5) of [url=https://www.alsumaria.tv/Entity/3800408013/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]the law of the Federal Supreme[/url] No. (30) for the year 2005 , and so this decision becomes See the binding for any court and is not prohibited as described in Article 94 of the Constitution , because the status bits are the decision of the Court of updated legal quorum , according to the law of its formation.
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