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[size=36]association of the Human Rights Commission with the House of Representatives[/size]
political| 11:08 - 10/08/2021
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Baghdad - Mawazine News
The Federal Supreme Court confirmed, on Tuesday, that it is unconstitutional for the Commission on Human Rights to be linked to the House of Representatives.
And one of the court judges stated, in a statement that Mawazine News received a copy of, that "the Federal Supreme Court issued several decisions during its sessions held last July, including its decisive decision in the case numbered (43/Federal \ 2019) and the ruling that articles (2) are unconstitutional. / First) and Article (12 / Fifth) and (16 / Fourth) of the Law of the High Commission for Human Rights No. (53) of 2008, the plaintiff's lawsuit was received regarding Articles (2/Second), (6), (7) and (8) and (8/second/f), (12/fourth and seventh), (13/first/second and third), (14/third), (15/first/9), (15/second and third) and (16/first/second and third) of Law of the High Commission for Human Rights No. (53) of 2008," referring to "the unconstitutionality of the association of the Commission for Human Rights with the House of Representatives."
The judge added, "The Federal Supreme Court rejected the case numbered (18/Federal/ 2021) submitted by the head of the Tishreen National Assembly, which included the request for ruling the unconstitutionality of the first and second paragraphs of Article (15) of Chapter Five, the Iraqi Parliament Elections Law No. (9) of 2020 Its text is (First: Multiple electoral districts are divided in the same governorate. Second: Candidacy shall be individual within the electoral district) on the grounds that this creates unequal opportunities among citizens and inequality among them.
The canceled decision according to the article under appeal is (790) of 2017, not 2018, which included confirmation of Cabinet Resolution No. (272 of 2015) that obligates ministries and agencies not affiliated with a ministry to print and implement their publications in government and private presses, provided that no sub-contracting with Press outside Iraq. Second: - The contested text was unfair and infringed on the rights of a large sector of the Iraqi Federation of Industries and caused harm to this sector. Third: The text under appeal was not part of the government project, and the government’s opinion was not taken in it, and the court issued its decision dismissing the case, and the judgment decision was publicly understood.
He stated that "the court also rejected the case No. (30/Federal/2021), which included the appeal to the text of Paragraph (2-d) of Article (2) of Law No. (23) of 2021, the Federal General Budget Law of the Republic of Iraq for the year 2021 published in the Al-Waqi`ah newspaper. Al-Iraqiya on 12/4/2021 and includes the text of the contested article (2-I/D - the governors and the head of the Reconstruction Fund for Liberated Cities Affected by Terrorist Operations authorize direct contracting up to (5) billion dinars for one project as an exception from the contracting methods stipulated in the instructions Execution of Government Contracts No. (2) of 2014).
And he indicated, "The court unified the two cases numbered (31 and its unit 32 / Federal / 2021), which included a request for a ruling obligating the defendants to include the text of Article (16) of the General Ministry of Construction, Housing and Municipalities Law No. (33) of 2012 in the Federal Budget Law for the year 2021 as an exception. From Paragraph (1) Section (4) of the Financial Management Law No. (95) of 2004 or any other law that replaces it, on the grounds that the budget law has neglected to include it, especially since the previous budget laws from 2012 to 2019 have taken into account that and included them In it, this deprivation violates Article (27) of the constitution and will lead to damage to public funds and the National Center for Engineering Consultations, as it will be unable to provide consultancy services in the correct manner.
The judge concluded, "The court issues its final and binding decisions to all authorities based on Articles (93/94) of the Constitution of the Republic of Iraq for the year 2005 and Article (5) of the Federal Supreme Court Law No. (30) for the year 2005 amended by Law No. (25) for the year 2005. 2021.” Ended 29/A 43
And one of the court judges stated, in a statement that Mawazine News received a copy of, that "the Federal Supreme Court issued several decisions during its sessions held last July, including its decisive decision in the case numbered (43/Federal \ 2019) and the ruling that articles (2) are unconstitutional. / First) and Article (12 / Fifth) and (16 / Fourth) of the Law of the High Commission for Human Rights No. (53) of 2008, the plaintiff's lawsuit was received regarding Articles (2/Second), (6), (7) and (8) and (8/second/f), (12/fourth and seventh), (13/first/second and third), (14/third), (15/first/9), (15/second and third) and (16/first/second and third) of Law of the High Commission for Human Rights No. (53) of 2008," referring to "the unconstitutionality of the association of the Commission for Human Rights with the House of Representatives."
The judge added, "The Federal Supreme Court rejected the case numbered (18/Federal/ 2021) submitted by the head of the Tishreen National Assembly, which included the request for ruling the unconstitutionality of the first and second paragraphs of Article (15) of Chapter Five, the Iraqi Parliament Elections Law No. (9) of 2020 Its text is (First: Multiple electoral districts are divided in the same governorate. Second: Candidacy shall be individual within the electoral district) on the grounds that this creates unequal opportunities among citizens and inequality among them.
The canceled decision according to the article under appeal is (790) of 2017, not 2018, which included confirmation of Cabinet Resolution No. (272 of 2015) that obligates ministries and agencies not affiliated with a ministry to print and implement their publications in government and private presses, provided that no sub-contracting with Press outside Iraq. Second: - The contested text was unfair and infringed on the rights of a large sector of the Iraqi Federation of Industries and caused harm to this sector. Third: The text under appeal was not part of the government project, and the government’s opinion was not taken in it, and the court issued its decision dismissing the case, and the judgment decision was publicly understood.
He stated that "the court also rejected the case No. (30/Federal/2021), which included the appeal to the text of Paragraph (2-d) of Article (2) of Law No. (23) of 2021, the Federal General Budget Law of the Republic of Iraq for the year 2021 published in the Al-Waqi`ah newspaper. Al-Iraqiya on 12/4/2021 and includes the text of the contested article (2-I/D - the governors and the head of the Reconstruction Fund for Liberated Cities Affected by Terrorist Operations authorize direct contracting up to (5) billion dinars for one project as an exception from the contracting methods stipulated in the instructions Execution of Government Contracts No. (2) of 2014).
And he indicated, "The court unified the two cases numbered (31 and its unit 32 / Federal / 2021), which included a request for a ruling obligating the defendants to include the text of Article (16) of the General Ministry of Construction, Housing and Municipalities Law No. (33) of 2012 in the Federal Budget Law for the year 2021 as an exception. From Paragraph (1) Section (4) of the Financial Management Law No. (95) of 2004 or any other law that replaces it, on the grounds that the budget law has neglected to include it, especially since the previous budget laws from 2012 to 2019 have taken into account that and included them In it, this deprivation violates Article (27) of the constitution and will lead to damage to public funds and the National Center for Engineering Consultations, as it will be unable to provide consultancy services in the correct manner.
The judge concluded, "The court issues its final and binding decisions to all authorities based on Articles (93/94) of the Constitution of the Republic of Iraq for the year 2005 and Article (5) of the Federal Supreme Court Law No. (30) for the year 2005 amended by Law No. (25) for the year 2005. 2021.” Ended 29/A 43
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