The political comparison resolves the Federal Court law

[size=52]The political comparison resolves the Federal Court law[/size]

[size=45]Baghdad / Muhammad Sabah[/size]
[size=45]The pressure on the House of Representatives from civil society organizations and the failure of all its members to agree to exclude the Federal Court bill, which voted on most of its paragraphs in previous sessions. The House of Representatives presented in a session that remained continuous until dawn yesterday, a second draft law for the Federal Court was submitted by the Presidency of the Republic, despite voting on all paragraphs individually, but he did not vote on the law as a whole.[/size]
[size=45]It was hoped that a political meeting would be held yesterday to agree to pass one of the two projects, but differences prevented the meeting from taking place until the hour of writing the report.[/size]
[size=45]The first draft brings fundamental changes to the Federal Court’s law and adds greater roles to Shari’a scholars, which is something the blocs disagreed about, while the second deals with the article concerned with selecting judges that had previously been challenged by the Federal Court and subsequently caused its suspension.[/size]
[size=45]Article 92 / I of the constitution stipulates that: - The Federal Supreme Court is an independent judicial body, financially and administratively. 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]Observers say that mentioning the names of the jurists in the second paragraph, which talked about the formation of experts, does not mean that they have the right to vote, but rather that they are part of the entity of the court, such as employees and others. Representative Yonadam Kanna, head of the Rafidain Parliamentary Bloc, said in a statement to Al-Mada that “breaking the quorum of the session more than once and the concerns expressed by various parliamentary blocs regarding granting Sharia jurists the right to veto are the ones who pushed the Presidency of Parliament to wait to pass the first Federal Court law that Sent by the government ”.[/size]
[size=45]Kanna adds that, "Because of this problem, the Presidency of Parliament offered the Law of the First Amendment to Law No. 30 of 2005 on the Federal Supreme Court sent by the Presidency of the Republic to vote." The Presidency of the Republic project proposes an amendment to the article concerned with the selection of alternate members in Federal Court Law No. 30 of 2005, to become in cooperation between the Federal Court and the Supreme Judicial Council, and in coordination with the Kurdistan Region Judicial Council. The project submitted by the Presidency of the Republic also focuses on how to fill the concern in the ranks of the court, organize the nomination mechanism and determine the ages of judges.[/size]
[size=45]The head of the Al-Rafidain Parliamentary Bloc states that “the new amendment is about dealing with the third article in Law No. 30 of 2005 that was canceled or challenged by the Federal Court,” indicating that “the House of Representatives completed voting on all articles of the law except for voting on the law in general, which led To postpone the decision to close sessions.[/size]
[size=45]The Federal Supreme Court ruled that Article 3 of its Law No. 30 of 2005 authorizing the Judicial Council to nominate the president and members of the court is unconstitutional, asking the House of Representatives to legislate an alternative article consistent with the provisions of the constitution.[/size]
[size=45]The Federal Court’s appeal to this article constituted a turning point in the relationship between it and the Supreme Judicial Council, which demanded in July of last year the House of Representatives to expedite the completion and passage of the Federal Court bill to overcome this constitutional problem in which the judicial authority occurred.[/size]
[size=45]Kanna indicates that "the representatives of the components are still concerned about the possibility of returning the House of Representatives and the political blocs to proceed with voting on the government law that proposes granting Sharia jurists the right to veto any decision issued by the Federal Court."[/size]
[size=45]The Christian representative states that "the legal status of the court will remain the same as for the law in force if the new amendment is adopted," adding that "the new amendment requires referring the current members of the Federal Court, along with the president and his deputy, to retirement."[/size]
[size=45]For his part, Representative Saeb Khadr, a member of the Parliamentary Legal Committee, confirms that "the disputes over the government project affect three articles, and therefore the parliament decided to push for a second bill." The competencies of the Federal Court, which the Constitution stipulated in Article (93), are:[/size]
[size=45]First: Overseeing the constitutionality of laws and regulations in force.[/size]
[size=45]Second: Interpretation of the provisions of the constitution.[/size]
[size=45]Third: Settling issues that arise from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law guarantees the right of the Council of Ministers, and concerned individuals and others, the right of a direct appeal before the court.[/size]
[size=45]Fourth: Settling disputes that arise between the federal government and the governments of regions and governorates, municipalities, and local administrations.[/size]
[size=45]Fifth: Settling disputes that arise between the governments of the regions or governorates.[/size]
[size=45]Sixth: Settling accusations against the President of the Republic, the Prime Minister and the Ministers, and this shall be regulated by law.[/size]
[size=45]Seventh: Ratifying the final results of the general elections for membership in the Council of Representatives. Khadr added in a statement to (Al-Mada) that "the council has two almost complete laws before it, the first is the government project in which there are three contentious articles, and the second is the draft amendment of the court sent by the Presidency of the Republic," pointing out that "the comparison between the two laws is left to the ongoing negotiations between the blocs and the components."[/size]
[size=45]Deputy Khadr confirms that "the second project will keep the Federal Court in terms of the mechanism of voting, decision-making and formation of the law in force without any change."[/size]
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