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[size=36]The judiciary issues a statement regarding the Federal Court law and provides solutions related to the clause of the jurists[/size]
Political| 02:14 - 09/03/2021
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BAGHDAD - Mawazine News
The Supreme Judicial Council issued, on Tuesday, a statement on the differences over the remaining articles of the Federal Court Law.
In a statement, Mawazine News received a copy, the House said that it "appreciates and supports the efforts of the House of Representatives in approving this long-awaited law since 2005, and this is a historic achievement for the House of Representatives in its current session."
He added, "The difference of viewpoints that have emerged since the beginning of the voting process on the articles of the Federal Court Law, especially the remaining articles that have failed to be approved, bear the responsibility of the current Federal Court, which introduced the constitutional judiciary into a constitutional vacuum by canceling Article (3) of Order No. (30) of 2005. In accordance with its Resolution No. (38) on 5/21/2019.
He explained, "This article used to define the nomination mechanism and appoint the president and members of the court, in violation of the provisions of Article (130) of the constitution, which stipulated that the legislation in force would remain in force unless it was canceled or amended in accordance with the provisions of the constitution, which has suspended the court from working for more than a year."
And the council continued, "If that article was currently in effect, it would have been possible to address the current shortage of the court’s quorum by having the Supreme Judicial Council nominate, in consultation with the Judicial Council in the Kurdistan region, two judges to the President of the Republic to address the quorum defect and without getting into problems and diverging views." Concerning the remaining articles that have not yet been approved, which are related to the participation of experts in Islamic jurisprudence and legal scholars, as a member of the court or not. "
The council’s statement continued, “In view of the existence of a constitutional vacuum and the approaching date of the next elections that require the presence of a court with a full quorum to certify the election results, the Supreme Judicial Council, by virtue of its constitutional responsibility under Article (89 and 90) of the constitution, is in managing the affairs of judicial bodies and because the Federal Court is One of these bodies, the Supreme Judicial Council wishes to express an opinion on that. "
The statement indicated, "Although the council’s opinion that the role of Islamic jurisprudence experts and legal jurists is intended to provide expertise and advice to the court in the field of jurisdiction, especially since the judges also already have knowledge of Islamic jurisprudence, the issue of rights and freedoms, and the principles of democracy, but because of the necessary need to approve the remaining articles." From the law based on the desire of the majority of parliament members to include experts in Islamic jurisprudence and legal scholars in the membership of the court as they are original members and not just experts.
The Council stressed that " the Supreme Judicial propose to the House of Representatives the idea of an intermediate between the vision of the Supreme Judicial Council and to see a majority of the members of the House of Representatives in this regard are summarized the following: the
original that the court is composed of the President and Vice-President and seven judges to consider their competence contained in Article 93 of the Constitution.
The share Islamic jurisprudence experts in the membership of the court in principle in lawsuits related to the constitutionality of laws and regulations that conflict with the principles of the provisions of Islam based on the provisions of Article (2 / First / A) of the Constitution
The legal jurists participate in the membership of the original court in cases related to the constitutionality of legislation that may conflict with the principles of democracy And the basic rights and freedoms stipulated in the constitution based on the provisions of Article (2 / First / B and C) of the Constitution, and the
Council concluded its statement by saying: “With this, the issue of approving the remaining articles of the law becomes possible.” Ended 29 / A43
The Supreme Judicial Council issued, on Tuesday, a statement on the differences over the remaining articles of the Federal Court Law.
In a statement, Mawazine News received a copy, the House said that it "appreciates and supports the efforts of the House of Representatives in approving this long-awaited law since 2005, and this is a historic achievement for the House of Representatives in its current session."
He added, "The difference of viewpoints that have emerged since the beginning of the voting process on the articles of the Federal Court Law, especially the remaining articles that have failed to be approved, bear the responsibility of the current Federal Court, which introduced the constitutional judiciary into a constitutional vacuum by canceling Article (3) of Order No. (30) of 2005. In accordance with its Resolution No. (38) on 5/21/2019.
He explained, "This article used to define the nomination mechanism and appoint the president and members of the court, in violation of the provisions of Article (130) of the constitution, which stipulated that the legislation in force would remain in force unless it was canceled or amended in accordance with the provisions of the constitution, which has suspended the court from working for more than a year."
And the council continued, "If that article was currently in effect, it would have been possible to address the current shortage of the court’s quorum by having the Supreme Judicial Council nominate, in consultation with the Judicial Council in the Kurdistan region, two judges to the President of the Republic to address the quorum defect and without getting into problems and diverging views." Concerning the remaining articles that have not yet been approved, which are related to the participation of experts in Islamic jurisprudence and legal scholars, as a member of the court or not. "
The council’s statement continued, “In view of the existence of a constitutional vacuum and the approaching date of the next elections that require the presence of a court with a full quorum to certify the election results, the Supreme Judicial Council, by virtue of its constitutional responsibility under Article (89 and 90) of the constitution, is in managing the affairs of judicial bodies and because the Federal Court is One of these bodies, the Supreme Judicial Council wishes to express an opinion on that. "
The statement indicated, "Although the council’s opinion that the role of Islamic jurisprudence experts and legal jurists is intended to provide expertise and advice to the court in the field of jurisdiction, especially since the judges also already have knowledge of Islamic jurisprudence, the issue of rights and freedoms, and the principles of democracy, but because of the necessary need to approve the remaining articles." From the law based on the desire of the majority of parliament members to include experts in Islamic jurisprudence and legal scholars in the membership of the court as they are original members and not just experts.
The Council stressed that " the Supreme Judicial propose to the House of Representatives the idea of an intermediate between the vision of the Supreme Judicial Council and to see a majority of the members of the House of Representatives in this regard are summarized the following: the
original that the court is composed of the President and Vice-President and seven judges to consider their competence contained in Article 93 of the Constitution.
The share Islamic jurisprudence experts in the membership of the court in principle in lawsuits related to the constitutionality of laws and regulations that conflict with the principles of the provisions of Islam based on the provisions of Article (2 / First / A) of the Constitution
The legal jurists participate in the membership of the original court in cases related to the constitutionality of legislation that may conflict with the principles of democracy And the basic rights and freedoms stipulated in the constitution based on the provisions of Article (2 / First / B and C) of the Constitution, and the
Council concluded its statement by saying: “With this, the issue of approving the remaining articles of the law becomes possible.” Ended 29 / A43
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