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[size=35]Federal Court .. Policy of balance or the judiciary of the constitution[/size]
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The disagreement in this law revolves around the second article that defines the members of the court between (legal experts, judges and jurists), the third article that deals with explaining the nature of nomination and approval of candidates by the four presidencies in the country, and Article 12 that concerns voting among members where some want to be The role of jurists is only advisory, while others argue that priority should be given to the opinion of the jurists.
The court ... political or judicial, the
Representative of the State of Law coalition, Katie Al-Rikabi, says that "the Federal Supreme Court is the highest constitutional court in [You must be registered and logged in to see this link.] It has no political relationship .. it is the one that provides for resolving disputes arising in all departments of the state, and that arises from the parties present in the state, whether it is a president or prime minister, and sometimes even ministers, as well as its primary task is to approve elections.
The impartiality of the court
The judiciary and the federal court.Two options to end the controversy Al-Rikabi continues his speech, telling Al-Sumaria News: “The majority of the members of the Federal Court are candidates from the Supreme Judicial Council, and through the follow-up of the Judicial Supervision Authority, in addition to choosing four members of this court from (two Shiite endowments, and the same from the Waqf) [You must be registered and logged in to see this link.]With three or four reserves). ” The representative of the state of law indicates that“ there is a big difference between the Federal Court and the Supreme Judicial Council, ”indicating that“ the judiciary is a council for all criminal, preliminary and other cases in
[You must be registered and logged in to see this link.]As for the Federal Court, it has specificities and specific tasks and is considered the highest judicial authority in the country.
In turn, a member of the Legal Committee, Representative Saeb Khadr, puts two options before the House of Representatives regarding ending the controversy surrounding the Federal Court Law, the first of which is to proceed with the new court law and vote on contentious articles therein (2, 3, 12), or amending Law No. 30 of 2005 .
Regarding the insistence of some members of Parliament on the existence of a clause of Sharia jurists and legal experts, Khadr, who is the representative of the Yazidi quota within the House of Representatives, explains to Alsumaria, that "Article 92 of the constitution stipulated the presence of Sharia experts within the court but did not specify their role or number," pointing out that "Some MPs wanted their role to be advisory, while others went towards their role being in the right of veto."
And if you pass the paragraph of Sharia jurists, they will be chosen from the two endowments [You must be registered and logged in to see this link.] And the Shiite endowment in the Kurdistan region [You must be registered and logged in to see this link.]Or the religious reference, according to the deputy. Sees MP for the Kurdistan Justice Party Ahmed
Marginalization of components
[url=https://www.alsumaria.tv/Entity/3159841984/%D8%AD%D9%85%D8%A9 %D8%B1%D8%B4%D9%8A%D8%AF/ar/]Hamma Rasheed[/url], That "the Federal Court has a specific function and is represented in interpreting and approving laws, and resolving disputes that occur between institutions. Judges in the court must be independent and not biased to an institution in the state."
The presence of representatives of the components within the members of the court is considered a "message to all components that they are an essential part of Iraqi society."
On the condition of the thirds, he mentions [url=https://www.alsumaria.tv/Entity/3159841984/%D8%AD%D9%85%D8%A9 %D8%B1%D8%B4%D9%8A%D8%AF/ar/]Hamma Rasheed[/url]According to Alsumaria News, "In the Iraqi constitution, a two-thirds condition was set for passing laws in order to ensure the participation of most of the Iraqi people." One of the problems coming to the Federal Court is the problem of "having a secretary general for the court," according to the legal expert
The Secretary-General ... a problem coming
[url=https://www.alsumaria.tv/Entity/1897634111/%D8%B9%D9%84%D9%8A %D9%81%D8%B6%D9%84 %D8%A7%D9%84%D9%84%D9%87/ar/]Ali Fadlallah[/url].
Fadlallah confirms to Alsumaria News, "Laws are always separated according to the size of political blocs and do not take into account national interests," explaining that "there is no description of the existence of a Secretary General of the Federal Court in the constitution. The constitution gave space for the legislator in the House of Representatives to draft the Federal Court law, but it is not." He defined the steps and components of the court (judiciary, legal scholars, and Sharia experts) without a secretary general.
The legal expert stresses the need for "the court to be administratively and financially independent," stressing that "the existence of one head of the judiciary and the court weakens the work of both sides."
And declares his support for the two-thirds requirement in court, considering unanimous voting "an impossible matter."
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1,071 Views
An argument raging under the dome of the House of Representatives, not about the Federal Budget Law this time, which in turn has been based on a page now, but about the Federal Supreme Court Act.
The disagreement in this law revolves around the second article that defines the members of the court between (legal experts, judges and jurists), the third article that deals with explaining the nature of nomination and approval of candidates by the four presidencies in the country, and Article 12 that concerns voting among members where some want to be The role of jurists is only advisory, while others argue that priority should be given to the opinion of the jurists.
The court ... political or judicial, the
Representative of the State of Law coalition, Katie Al-Rikabi, says that "the Federal Supreme Court is the highest constitutional court in [You must be registered and logged in to see this link.] It has no political relationship .. it is the one that provides for resolving disputes arising in all departments of the state, and that arises from the parties present in the state, whether it is a president or prime minister, and sometimes even ministers, as well as its primary task is to approve elections.
The impartiality of the court
The judiciary and the federal court.Two options to end the controversy Al-Rikabi continues his speech, telling Al-Sumaria News: “The majority of the members of the Federal Court are candidates from the Supreme Judicial Council, and through the follow-up of the Judicial Supervision Authority, in addition to choosing four members of this court from (two Shiite endowments, and the same from the Waqf) [You must be registered and logged in to see this link.]With three or four reserves). ” The representative of the state of law indicates that“ there is a big difference between the Federal Court and the Supreme Judicial Council, ”indicating that“ the judiciary is a council for all criminal, preliminary and other cases in
[You must be registered and logged in to see this link.]As for the Federal Court, it has specificities and specific tasks and is considered the highest judicial authority in the country.
In turn, a member of the Legal Committee, Representative Saeb Khadr, puts two options before the House of Representatives regarding ending the controversy surrounding the Federal Court Law, the first of which is to proceed with the new court law and vote on contentious articles therein (2, 3, 12), or amending Law No. 30 of 2005 .
Regarding the insistence of some members of Parliament on the existence of a clause of Sharia jurists and legal experts, Khadr, who is the representative of the Yazidi quota within the House of Representatives, explains to Alsumaria, that "Article 92 of the constitution stipulated the presence of Sharia experts within the court but did not specify their role or number," pointing out that "Some MPs wanted their role to be advisory, while others went towards their role being in the right of veto."
And if you pass the paragraph of Sharia jurists, they will be chosen from the two endowments [You must be registered and logged in to see this link.] And the Shiite endowment in the Kurdistan region [You must be registered and logged in to see this link.]Or the religious reference, according to the deputy. Sees MP for the Kurdistan Justice Party Ahmed
Marginalization of components
[url=https://www.alsumaria.tv/Entity/3159841984/%D8%AD%D9%85%D8%A9 %D8%B1%D8%B4%D9%8A%D8%AF/ar/]Hamma Rasheed[/url], That "the Federal Court has a specific function and is represented in interpreting and approving laws, and resolving disputes that occur between institutions. Judges in the court must be independent and not biased to an institution in the state."
The presence of representatives of the components within the members of the court is considered a "message to all components that they are an essential part of Iraqi society."
On the condition of the thirds, he mentions [url=https://www.alsumaria.tv/Entity/3159841984/%D8%AD%D9%85%D8%A9 %D8%B1%D8%B4%D9%8A%D8%AF/ar/]Hamma Rasheed[/url]According to Alsumaria News, "In the Iraqi constitution, a two-thirds condition was set for passing laws in order to ensure the participation of most of the Iraqi people." One of the problems coming to the Federal Court is the problem of "having a secretary general for the court," according to the legal expert
The Secretary-General ... a problem coming
[url=https://www.alsumaria.tv/Entity/1897634111/%D8%B9%D9%84%D9%8A %D9%81%D8%B6%D9%84 %D8%A7%D9%84%D9%84%D9%87/ar/]Ali Fadlallah[/url].
Fadlallah confirms to Alsumaria News, "Laws are always separated according to the size of political blocs and do not take into account national interests," explaining that "there is no description of the existence of a Secretary General of the Federal Court in the constitution. The constitution gave space for the legislator in the House of Representatives to draft the Federal Court law, but it is not." He defined the steps and components of the court (judiciary, legal scholars, and Sharia experts) without a secretary general.
The legal expert stresses the need for "the court to be administratively and financially independent," stressing that "the existence of one head of the judiciary and the court weakens the work of both sides."
And declares his support for the two-thirds requirement in court, considering unanimous voting "an impossible matter."
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