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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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    The judiciary submits to Parliament a "mediating proposal" in the most controversial article in the

    Rocky
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    The judiciary submits to Parliament a "mediating proposal" in the most controversial article in the Empty The judiciary submits to Parliament a "mediating proposal" in the most controversial article in the

    Post by Rocky Tue 09 Mar 2021, 7:48 am

    The judiciary submits to Parliament a "mediating proposal" in the most controversial article in the Federal Court Law

    •  Time: 3/2021/09 14:01:28
       
    •  Read: 2,145 times

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    {Baghdad: Al-Furat News} The Supreme Judicial Council submitted a proposal to the House of Representatives regarding Sharia jurists in the draft law of the Federal Supreme Court.
    A statement of the Judiciary Media, which Al-Furat News received a copy of, stated, “The Supreme Judicial Council held the sixth attendance and electronic session on 3/9/2021 and discussed the procedures for the legislation of the new Federal Court law, and on this occasion the Council would like to clarify the following matters:
    1- That the Supreme Judicial Council He appreciates and supports the efforts of the House of Representatives in approving this long-awaited law since 2005, and this is considered a historic achievement for the House of Representatives in its current session.
    2 - 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 Ordinance No. (30) of 2005 according to Its decision No. (38) of May 21, 2019, which determined the nomination mechanism and the appointment of 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 suspended the court from work. More than a year ago.
    Whereas if that article had been in effect now, it would have been possible to address the current shortage in 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 differing views regarding the remaining articles Which has not yet been approved and which relate to the participation of experts of Islamic jurisprudence and legal scholars in the membership of the court or not.
    The statement said, "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.
    He continued, "Although the council’s opinion that the role of Islamic jurisprudence experts and legal scholars 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 of the law in a constructive manner." Based on the desire of the majority of the members of the House of Representatives to involve experts in Islamic jurisprudence and legal scholars in the membership of the court as they are original members and not merely experts, the Supreme Judicial Council proposes to the House of Representatives an idea between the vision of the Supreme Judicial Council and the vision of the majority of the members of the House of Representatives in this regard, which can be summarized as follows:
    {Original: The court consists of a president, a vice president, and seven judges to consider its jurisdiction as stipulated in Article (93) of the Constitution. "
    The statement noted that “Islamic jurisprudence experts participate 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, and legal scholars participate in the membership of the original court in cases related to the constitutionality of legislation. Which may conflict with the principles of democracy and basic rights and freedoms stipulated in the constitution based on the provisions of Article 2 / First / B and C of the constitution, and thus the issue of approving the remaining articles of the law becomes possible.
    Ammar Al-Masoudi
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