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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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    A new agreement between the heads of the blocs specifies the members of the Federal Court with 15 me

    Rocky
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    A new agreement between the heads of the blocs specifies the members of the Federal Court with 15 me Empty A new agreement between the heads of the blocs specifies the members of the Federal Court with 15 me

    Post by Rocky Mon 08 Mar 2021, 7:24 am

    [size=52]A new agreement between the heads of the blocs specifies the members of the Federal Court with 15 members[/size]

    [size=45]The new agreement reached by the heads of political blocs with the Presidency of Parliament and the Parliamentary Legal Committee limited the number of members of the Federal Court to “15” members, including Islamic law jurists and legal experts, and they were able to resolve four controversial articles out of six articles.[/size]
    [size=45]The House of Representatives postponed voting on six articles in the draft law of the Federal Court after it was able to complete eighteen articles due to the existing differences between the blocs and components over the number of members of the court and the nature of the powers of Islamic law jurists and legal jurisprudence experts.[/size]
    [size=45]Agreement on four articles[/size]
    [size=45]"The heads of the political blocs agreed in their last meeting with the Presidency of the Council and the Legal Committee to pass four contentious articles out of six in the Federal Court Act," said Vian Sabri, head of the Kurdistan Democratic Party bloc, in a statement to (Al-Range).[/size]
    [size=45]She adds that "the second article of the court law was included in the second article and the second paragraph of article 92 of the constitution," stressing that "the second article obliges not to legislate laws that contradict the tenets of Islam and the principles of democracy."[/size]
    [size=45]Article (2) of the Constitution states the following:[/size]
    [size=45]First: Islam is the official religion of the state, and it is a basic source for legislation:[/size]
    [size=45]A- It is not permissible to enact a law that contradicts the established rulings of Islam.[/size]
    [size=45]B - No law may be enacted that contradicts democratic principles.[/size]
    [size=45]C- No law may be enacted that conflicts with the fundamental rights and freedoms stipulated in this constitution.[/size]
    [size=45]Article 92 of the constitution states that:[/size]
    [size=45]First: - The Federal Supreme Court is a financially and administratively independent judicial body.[/size]
    [size=45]Second: The Federal Supreme Court consists of a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number is determined, the method of their selection and the work of the court is regulated by a law enacted by a two-thirds majority of the members of the House of Representatives.[/size]
    [size=45]Article two of the court’s law relates to the number of members of the court, the president and his deputy, experts in Islamic jurisprudence, and legal scholars and their powers, as political forces differ on the number of Islamic jurists and jurists and their powers.[/size]
    [size=45]The agreement defines the members of the court[/size]
    [size=45]The Kurdish MP adds that "the agreement limited the number of judges to nine members, including the president and the deputy, four Islamic law jurists, and two legal scholars, so the total is 15 members, in addition to the reserve."[/size]
    [size=45]MP Sabri adds that "the current meetings discuss articles (12) and (3) related to the Federal Court meeting and how to make decisions, and the party concerned with nominating members of the Federal Court," adding that "the meetings are continuing between the blocs to resolve or reach an agreement on these two articles."[/size]
    [size=45]The Parliamentary Legal Committee chose the draft law of the Federal Court sent by the government and neglected the draft amendment sent by the Presidency of the Republic, which proposes to amend only Article 3 of the law in force regarding the replacement of members of the court.[/size]
    [size=45]Among the most prominent of the Federal Court's competencies drawn up by the constitution in its Article (93) is to certify the election results, so that the winners, after approval, have the right to exercise their duties as members of the legislative authority.[/size]
    [size=45]It also has jurisdiction over the issues that arise from the application of federal laws, decisions, regulations, and instructions, and procedures issued by the federal authority, oversight of the constitutionality of laws and regulations in force, and the interpretation of the provisions of the constitution.[/size]
    [size=45]Law view[/size]
    [size=45]For his part, Deputy Muhammad al-Baldawi, a member of the Committee to Monitor the Implementation of the Governmental Program and the Parliamentary Strategic Planning for (Al-Mada), states that “the main articles on which the dispute revolves are related to the structure of the Federal Court, the presence of Sharia and legal scholars and their role,” adding that “the remaining articles are related to age and survival The President and Vice President ”.[/size]
    [size=45]He confirms that "the last meeting resulted in an agreement between the blocs, the Presidency and the Legal Committee to pass four articles out of six," explaining that "the dialogues are based on only two articles that will be decided in order to present these materials to the vote in today's session, Monday.[/size]
    [size=45]In August, the Legal Committee in the House of Representatives revealed efforts to pass the Federal Court Law in the upcoming sessions of the House, confirming that the Federal Court has become idle and cannot hold its sessions after referring one of its members to retirement due to health reasons and the death of another.[/size]
    [size=45]Al-Baldawi continues, "The agreement granted the four Sharia jurists to meet with each other to decide on matters relating to laws that contradict religious principles and vote on them, as well as the role of law jurists to discuss human rights issues."[/size]
    [size=45]Over the course of four consecutive parliamentary sessions, the blocs and components failed to pass the Federal Court bill for reasons related to differences based on the mechanism for nominating members of the court, the method of voting, and the powers of Sharia and legal scholars.[/size]
    [size=45]And Al-Baldawi continues, "negotiations are still ongoing regarding agreement on all six articles in order to vote on them."[/size]
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