[size=47]The Iraqi parliament resumes voting on the Federal Court law, amid widespread popular rejection[/size]
BaghdadJust MPs
08 March 2021
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Fears about the independence of the court (Sabah Arar / AFP)
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Today, Monday, the Iraqi parliament will hold a new session to pass the controversial [You must be registered and logged in to see this link.] law , after its failure to reach, during a session held at the end of last week, understandings regarding some provisions of the law, most notably the addition of Islamic Sharia jurists to the staff of the court, which is the highest judicial authority in Country.
Several political forces reject the move and consider it an attempt to subject the judiciary [You must be registered and logged in to see this link.] like other state institutions and at the same time to establish a religious rather than civil state, as the new law gives legal scholars the power to veto laws that contradict the provisions of Sharia, which is what the objectors see as a dangerous step that eliminates the plurality of religions and sects in Iraq too.
Last Thursday, the Iraqi parliament voted on most articles of the Federal Court Law, which is the last obstacle to holding early elections scheduled to take place on October 10, as the constitution stipulates that the Federal Court must certify the election results.
There are still 6 articles within the law that are considered controversial, but the most controversial is the paragraph related to adding Islamic law jurists from both Sunnis and Shiites to the members of the court and giving them the power to veto decisions that do not comply with the provisions of Sharia.
Since yesterday, Sunday, activists have launched a massive campaign on communication platforms to reject the law, believing that it eliminates the last chances of establishing a civil state in Iraq and threatens the independence of the entire judiciary. The hashtag "# Federal Court_Valid" has issued the "Twitter" and "Facebook" sites in Iraq.
Regarding the session scheduled today, Raad Al-Maksousi, the representative of the "Sairoun" coalition, said in a telephone conversation with Al-Araby Al-Jadeed that, "Until now, disputes over the provisions of the Federal Court Law have not been resolved, and the disagreement is profound despite the meetings and dialogues that took place in the past two days, but no The political forces reach any consensus among themselves. "
Al-Maksousi stated that "the dispute is focused on making experts of Islamic jurisprudence among the members of the Federal Court," adding that "there are those who believe that these experts are within a special advisory body, but they are not entitled to vote and interfere in the decisions made by the court."
He explained that "among the disagreements also is determining the party that can nominate judges to the Federal Supreme Court, especially since there are those who want this to be done through political parties, and some want it through the judiciary, and the other wants it to be through state institutions such as the prime minister or the republic. ".
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Arab Reports
He added, "The fact that these differences remain until today's session means that the vote on the law will be postponed, and the last hours before the session may be the decisive factor in resolving these disputes, especially since Parliament is used to resolving such files at the last moments."
In turn, the representative of the "Iraqi" coalition, Asaad Al-Morshedy, explained, in an interview with Al-Arabi Al-Jadeed, that "the political forces clinging to their views and trying to impose them on the rest of the parties are what hinders reaching a consensus between the contentious paragraphs in the Federal Supreme Court law, especially since there is Whoever wants to legislate this law according to political whims and interests. "
Al-Morshedy indicated that "there are political parties that want the Federal Supreme Court to be quotaed like other state institutions, and this constitutes a real threat to the constitutional and political system in Iraq, as this constitutional court must remain independent and far from any political agenda."
The MP for the "Iraqis" coalition suggested that "the political parties reach a consensus on some, but not all, contentious paragraphs, and the other paragraphs are postponed for another date to vote on them until agreement between all political parties, especially since this law differs from other laws, so it can only be passed by a two-thirds vote. Members of Parliament, meaning only after the vote of (220) deputies, and that is why everyone must agree on it without boycotting any party. "
The Iraqi legal expert, Ali Al-Tamimi, told Al-Arabi Al-Jadeed that "six articles remain in the draft law of the Federal Supreme Court that is being discussed in Parliament, the most important of which is how the Federal Court convenes, is it in the presence of all members, including the president, or by majority?" And how decisions are taken by simple majority or majority Two-thirds? "
And he added, "I believe, and because of the importance of this court, that it must be held in the presence of all members and that its decisions are only valid with the presence of all members. Simple decisions are taken by a simple majority and important decisions are taken by a two-thirds majority."
Al-Tamimi added that, "With regard to experts of Islamic jurisprudence and legal scholars, and whether they are part of the Federal Supreme Court or their role is advisory, I think that their role is advisory, in the sense of Article 92 of the Iraqi constitution, which made them within the composition of the court and not within its formation, and that the court should be made up of 7 members. Including the president, because Al Qaeda says every judge is a jurist, but not every jurist is a judge.
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Arab Reports
He added, explaining, "As for the rest of the points of disagreement, they are easy and solvable, but the presence of the Federal Supreme Court remains important with the great powers of Article 93 of the Iraqi constitution, which the legislator granted to it, the most important of which is the approval of the results of the legislative elections in Iraq," stressing that "there are no elections Without this court. "
The problem of the Federal Court began at the end of 2019 after the retirement of one of its members, Farouk Al-Sami, as the court was unable to appoint an alternate member, after it had earlier canceled the only legal text that regulates its work, pending the parliament's enactment of the "Federal Court Law", which from It would put in place appropriate mechanisms for selecting new members.
[You must be registered and logged in to see this link.]
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Fears about the independence of the court (Sabah Arar / AFP)
+Line-
Today, Monday, the Iraqi parliament will hold a new session to pass the controversial [You must be registered and logged in to see this link.] law , after its failure to reach, during a session held at the end of last week, understandings regarding some provisions of the law, most notably the addition of Islamic Sharia jurists to the staff of the court, which is the highest judicial authority in Country.
Several political forces reject the move and consider it an attempt to subject the judiciary [You must be registered and logged in to see this link.] like other state institutions and at the same time to establish a religious rather than civil state, as the new law gives legal scholars the power to veto laws that contradict the provisions of Sharia, which is what the objectors see as a dangerous step that eliminates the plurality of religions and sects in Iraq too.
Last Thursday, the Iraqi parliament voted on most articles of the Federal Court Law, which is the last obstacle to holding early elections scheduled to take place on October 10, as the constitution stipulates that the Federal Court must certify the election results.
There are still 6 articles within the law that are considered controversial, but the most controversial is the paragraph related to adding Islamic law jurists from both Sunnis and Shiites to the members of the court and giving them the power to veto decisions that do not comply with the provisions of Sharia.
Since yesterday, Sunday, activists have launched a massive campaign on communication platforms to reject the law, believing that it eliminates the last chances of establishing a civil state in Iraq and threatens the independence of the entire judiciary. The hashtag "# Federal Court_Valid" has issued the "Twitter" and "Facebook" sites in Iraq.
Regarding the session scheduled today, Raad Al-Maksousi, the representative of the "Sairoun" coalition, said in a telephone conversation with Al-Araby Al-Jadeed that, "Until now, disputes over the provisions of the Federal Court Law have not been resolved, and the disagreement is profound despite the meetings and dialogues that took place in the past two days, but no The political forces reach any consensus among themselves. "
Al-Maksousi stated that "the dispute is focused on making experts of Islamic jurisprudence among the members of the Federal Court," adding that "there are those who believe that these experts are within a special advisory body, but they are not entitled to vote and interfere in the decisions made by the court."
He explained that "among the disagreements also is determining the party that can nominate judges to the Federal Supreme Court, especially since there are those who want this to be done through political parties, and some want it through the judiciary, and the other wants it to be through state institutions such as the prime minister or the republic. ".
[You must be registered and logged in to see this link.]
[You must be registered and logged in to see this image.]
[You must be registered and logged in to see this link.]
Arab Reports
[You must be registered and logged in to see this link.][/size]
He added, "The fact that these differences remain until today's session means that the vote on the law will be postponed, and the last hours before the session may be the decisive factor in resolving these disputes, especially since Parliament is used to resolving such files at the last moments."
In turn, the representative of the "Iraqi" coalition, Asaad Al-Morshedy, explained, in an interview with Al-Arabi Al-Jadeed, that "the political forces clinging to their views and trying to impose them on the rest of the parties are what hinders reaching a consensus between the contentious paragraphs in the Federal Supreme Court law, especially since there is Whoever wants to legislate this law according to political whims and interests. "
Al-Morshedy indicated that "there are political parties that want the Federal Supreme Court to be quotaed like other state institutions, and this constitutes a real threat to the constitutional and political system in Iraq, as this constitutional court must remain independent and far from any political agenda."
The MP for the "Iraqis" coalition suggested that "the political parties reach a consensus on some, but not all, contentious paragraphs, and the other paragraphs are postponed for another date to vote on them until agreement between all political parties, especially since this law differs from other laws, so it can only be passed by a two-thirds vote. Members of Parliament, meaning only after the vote of (220) deputies, and that is why everyone must agree on it without boycotting any party. "
The Iraqi legal expert, Ali Al-Tamimi, told Al-Arabi Al-Jadeed that "six articles remain in the draft law of the Federal Supreme Court that is being discussed in Parliament, the most important of which is how the Federal Court convenes, is it in the presence of all members, including the president, or by majority?" And how decisions are taken by simple majority or majority Two-thirds? "
And he added, "I believe, and because of the importance of this court, that it must be held in the presence of all members and that its decisions are only valid with the presence of all members. Simple decisions are taken by a simple majority and important decisions are taken by a two-thirds majority."
Al-Tamimi added that, "With regard to experts of Islamic jurisprudence and legal scholars, and whether they are part of the Federal Supreme Court or their role is advisory, I think that their role is advisory, in the sense of Article 92 of the Iraqi constitution, which made them within the composition of the court and not within its formation, and that the court should be made up of 7 members. Including the president, because Al Qaeda says every judge is a jurist, but not every jurist is a judge.
[You must be registered and logged in to see this link.]
[You must be registered and logged in to see this image.]
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Arab Reports
[You must be registered and logged in to see this link.][/size]
He added, explaining, "As for the rest of the points of disagreement, they are easy and solvable, but the presence of the Federal Supreme Court remains important with the great powers of Article 93 of the Iraqi constitution, which the legislator granted to it, the most important of which is the approval of the results of the legislative elections in Iraq," stressing that "there are no elections Without this court. "
The problem of the Federal Court began at the end of 2019 after the retirement of one of its members, Farouk Al-Sami, as the court was unable to appoint an alternate member, after it had earlier canceled the only legal text that regulates its work, pending the parliament's enactment of the "Federal Court Law", which from It would put in place appropriate mechanisms for selecting new members.
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