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[size=36]The Bar Association clarifies its legal vision about the Federal Court Law in five paragraphs[/size]
Political| 11:47 - 12/03/2021
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Baghdad - Mawazine News
The Iraqi Bar Association issued, on Friday, a statement that included its legal vision on the Federal Supreme Court Law.
In its statement, which "People" received, a copy of it (March 12, 2021), the Syndicate stated, "The Iraqi Bar Association must clarify its legal position on the draft Federal Supreme Court bill currently presented to the House of Representatives for a vote:
Firstly. Our union has already, in appreciation of the criticality of the situation that arose out of the lack of a quorum for the Federal Court, and the approaching date of early elections, to draft a draft amendment to the Federal Supreme Court Law No. 30 of 2005 in force, in a way that secures addressing the shortfall in its quorum to enable it to carry out its duties stipulated in Article (93) of the constitution of the Republic of Iraq for the year 2005 in force, and the draft was submitted to the Presidency of the Council of Representatives on 5/9/2020, but unfortunately, this initiative that provides a quick solution to fill the shortfall in the membership of the court did not receive any response.
Secondly. During its last session, the House of Representatives discussed a draft Federal Court law based on Article 92 of the enforceable constitution.
Under this bill, the Federal Supreme Court will consist of a president, a vice president, and (7) judges, to whom will be added (4) experts in Islamic jurisprudence and two (2) members of law scholars, all of whom are entitled to exercise the role of judges in voting on the decisions taken by the court.
Third. The legal principle has differentiated between the judge and the expert, whereby the expert undertakes to clarify the scientific and technical matters without addressing the legal aspects and issues that are confined to and interfere with the duties of the judges, and in the cases and lawsuits that require the assistance of experts, and in all cases and cases the expert’s opinion does not restrict the court and is not binding on it.
Fourthly. This calls for emphasizing that judges in the Federal Court alone and not others possess the legal authority to issue judgments and judicial decisions, and the Federal Court can seek, when necessary, the opinion of experts in Islamic jurisprudence and legal scholars and adhere to the constitutional legal obligations related to the impermissibility of enacting a law that contradicts the principles of Islam and the principles of Democracy, in accordance with the provisions of Article (2) of the Constitution of the Republic of Iraq of 2005.
Fifth. Involving non-judges in issuing judgments and judicial decisions under the titles of experts and jurists or any other name is considered a departure from the concept of the judge and constitutes a violation of the authority of an independent judge who is not subject to any authority other than the law, and an interference in the affairs of justice prohibited in Article (88) of the Constitution, and has serious consequences The social, economic and cultural level is difficult to remedy and contain. "
The statement concluded by saying, "In our statement, we address the honorable president and members of the House of Representatives and all of our Iraqi people, realizing the importance of the Federal Supreme Court and its great national role in building the state and society and protecting the unity, independence and sovereignty of Iraq."
The Iraqi Bar Association issued, on Friday, a statement that included its legal vision on the Federal Supreme Court Law.
In its statement, which "People" received, a copy of it (March 12, 2021), the Syndicate stated, "The Iraqi Bar Association must clarify its legal position on the draft Federal Supreme Court bill currently presented to the House of Representatives for a vote:
Firstly. Our union has already, in appreciation of the criticality of the situation that arose out of the lack of a quorum for the Federal Court, and the approaching date of early elections, to draft a draft amendment to the Federal Supreme Court Law No. 30 of 2005 in force, in a way that secures addressing the shortfall in its quorum to enable it to carry out its duties stipulated in Article (93) of the constitution of the Republic of Iraq for the year 2005 in force, and the draft was submitted to the Presidency of the Council of Representatives on 5/9/2020, but unfortunately, this initiative that provides a quick solution to fill the shortfall in the membership of the court did not receive any response.
Secondly. During its last session, the House of Representatives discussed a draft Federal Court law based on Article 92 of the enforceable constitution.
Under this bill, the Federal Supreme Court will consist of a president, a vice president, and (7) judges, to whom will be added (4) experts in Islamic jurisprudence and two (2) members of law scholars, all of whom are entitled to exercise the role of judges in voting on the decisions taken by the court.
Third. The legal principle has differentiated between the judge and the expert, whereby the expert undertakes to clarify the scientific and technical matters without addressing the legal aspects and issues that are confined to and interfere with the duties of the judges, and in the cases and lawsuits that require the assistance of experts, and in all cases and cases the expert’s opinion does not restrict the court and is not binding on it.
Fourthly. This calls for emphasizing that judges in the Federal Court alone and not others possess the legal authority to issue judgments and judicial decisions, and the Federal Court can seek, when necessary, the opinion of experts in Islamic jurisprudence and legal scholars and adhere to the constitutional legal obligations related to the impermissibility of enacting a law that contradicts the principles of Islam and the principles of Democracy, in accordance with the provisions of Article (2) of the Constitution of the Republic of Iraq of 2005.
Fifth. Involving non-judges in issuing judgments and judicial decisions under the titles of experts and jurists or any other name is considered a departure from the concept of the judge and constitutes a violation of the authority of an independent judge who is not subject to any authority other than the law, and an interference in the affairs of justice prohibited in Article (88) of the Constitution, and has serious consequences The social, economic and cultural level is difficult to remedy and contain. "
The statement concluded by saying, "In our statement, we address the honorable president and members of the House of Representatives and all of our Iraqi people, realizing the importance of the Federal Supreme Court and its great national role in building the state and society and protecting the unity, independence and sovereignty of Iraq."
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