100 appeals before the new Federal Court regarding the budget and freezing the provincial councils a

[size=52]100 appeals before the new Federal Court regarding the budget and freezing the provincial councils and elections[/size]

[size=45]Baghdad / Muhammad Sabah[/size]
[size=45]Political circles expected that the number of appeals that will be filed before the Federal Court will exceed more than 100 appeals, foremost among which are budget laws, parliamentary elections, general retirement, university degrees, and the freezing of the work of provincial councils, stressing that deciding on the fate of these cases requires a long time.[/size]
[size=45]Yesterday, Sunday, the president and new members of the Federal Supreme Court took the constitutional oath before the President of the Republic, Barham Salih, in the presence of the President of the Supreme Judicial Council, Faiq Zaidan.[/size]
[size=45]The President of the Republic stated, according to a statement received by (Al-Mada) a copy of it, that "Iraq has taken an important step towards completing the requirements of one of its most important constitutional institutions."[/size]
[size=45]Commenting on the event, Imad Youhanna, an advisor to the Speaker of Parliament for Component Affairs, said in a statement to (Al-Mada) that “the amendments of the House of Representatives to the Federal Court Law were limited to reorganizing the selection mechanism for the court’s staff to change the old members of some of them who exceeded the legal age, and to refer others to retirement.” .[/size]
[size=45]He added that “the selection of members of the Federal Court took care of the diversity among the various components, as the Shiite component received five members, two from the Sunni component and the same for the Kurdish component,” noting that “the Supreme Judicial Council will grant the position of Secretary General of the Federal Court to a judge from the Christian component.”[/size]
[size=45]On March 18, 2021, the House of Representatives approved the first amendment to Federal Supreme Court Law No. 30 of 2005, which specified the original members of the court to be nine members, and the reserve to three.[/size]
[size=45]John points out that «after the formation of the Federal Court, a large number of appeals will be presented before it by political and non-political parties in many decisions and laws, foremost of which is the decision to freeze the work of the provincial councils, budget laws, parliamentary elections and the Federal Court, and the decision to cancel voting abroad, in addition to that there is Appeals submitted by some of the losers in the previous parliamentary elections regarding the validity of the membership of a number of deputies.[/size]
[size=45]The former deputy expects that "the appeals that will be submitted to the new Federal Court Authority may exceed one hundred appeals, given that the Federal Court has become idle since the beginning of last year, and also there are a number of laws that were enacted during this period and decisions taken by the executive and legislative authorities," adding that " Resolution of these appeals requires a long time by the new court.[/size]
[size=45]The Supreme Judicial Council chose the head of the Judicial Supervision Authority Jassim Muhammad Abboud to the position of president of the court, the president of the Anbar criminal court Samir Abbas for the position of vice president of the court, the president of the Wasit Court of Appeal Ghaleb Amer, the head of the Najaf Court of Appeal Haider Jaber, the member of the Court of Cassation Ayoub Abbas, and the judicial supervisor Haider Ali Nouri and a member of the Appeals Chamber in the appeal of Salah El-Din Khalaf Ahmed are original members of the court.[/size]
[size=45]For his part, Basem Khashan, a deputy who did not take the constitutional oath, explains that “there are objections submitted to the Presidency of Parliament by some of the losers in the elections to the membership of ten of the current deputies,” indicating that “after a decision is made within the House of Representatives, those objectors will go to the Federal Court.[/size]
[size=45]Khashan explains in a statement to (Al-Mada) that “what concerns us from the new court is the issuance of constitutional and legal decisions,” indicating that “there are many appeals and cases that have been suspended due to the imbalance of the quorum of the Federal Court, among them the powers of the governors were submitted by me before the court after the provincial councils were frozen.”[/size]
[size=45]In August, the Legal Committee in the House of Representatives revealed efforts to pass the Federal Court Law in the upcoming sessions of the House, confirming that the Federal Court has become idle and cannot hold its sessions after referring one of its members to retirement due to health reasons and the death of another.[/size]
[size=45]And the independent politician continues, "There are four appeals filed against the retirement law, the law on university degrees, and others that are awaiting decision by members of the court."[/size]
[size=45]For his part, Haider Al-Sufi, the legal expert for Al-Mada believes that «the formation of the previous court came by a decision by the American governor Paul Bremer, while the current court was formed after the amendment of the law by Parliament and voting on it and with the approval of a republican decree by the President of the Republic, and this is a sovereign principle and gives the court Legal force ».[/size]
[size=45]One of the most prominent competencies of the Federal Court drawn up by the constitution in its Article (93) is the approval of the election results, so that the winners, after approval, have the right to exercise their duties as members of the legislative authority.[/size]
[size=45]It also has its competences to decide on issues that arise from the application of federal laws, decisions, regulations and instructions, and procedures issued by the federal authority, oversee the constitutionality of laws and regulations in force, and the interpretation of the provisions of the constitution.[/size]
[size=45]He adds that «the selection of members of the court by the Judicial Council gave another advantage to the Federal Court above it and raise its capacity,» stressing that «the new members represent all classes of classes of Iraqi society».[/size]
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