Most of them are related to the general budget... The Federal Supreme Court resolves 23 cases during

[size=52]Most of them are related to the general budget... The Federal Supreme Court resolves 23 cases during October[/size]

[size=45]Baghdad / Sahira Ramadan[/size]
[size=45]The Federal Supreme Court settled 23 cases last month related to various cases.[/size]
[size=45]The “Judiciary” correspondent stated that “the court issued a decision unconstitutional of a number of texts contained in the Law of Foundations for the Equivalence of Certificates and Academic and Foreign Degrees No. (20) of 2020, within the case numbered (46 and its units 50 and 51 / Federal / 2020) and ruled the unconstitutionality of several phrases Paragraphs and clauses of the law for violating constitutional provisions.”[/size]
[size=45]He added that "the court ruled unconstitutional and repealed Article (31/First) of Traffic Law No. (8) of 2019 in violation of the provisions of Articles (19/First and Third), (87), (88), (89) and (90) of the constitution. Republic of Iraq for the year 2005. Where Article (31/first) stipulates the formation of investigation and misdemeanour courts specialized in traffic cases in Baghdad and the governorates, and in accordance with Article (47) of the Constitution, which stipulates that (the federal authorities shall consist of legislative, executive and judicial authorities, exercising their powers and duties on The basis of the principle of separation of powers), where the Iraqi constitution dealt with several constitutional articles that provide for the independence of the judiciary, including Article (19/first and third), as the (first) paragraph of it stipulates (the judiciary is independent and has no authority over it except the law) and the third paragraph stipulates (Litigation is a right Safe and guaranteed to all).[/size]
[size=45]And the reporter continued, “The court issued its ruling unconstitutional and repealing some paragraphs of Law No. (23) of 2021 (the federal general budget of the Republic of Iraq for the fiscal year 2021), in addition to issuing a ruling unconstitutional and canceling the phrase contained in Article (2/first/4/a) of the law. The federal general budget of the Republic of Iraq for the fiscal year 2021, which includes the obligation to audit the reconstruction plan for the province and the districts and its affiliated districts prepared by the governor by the Finance Committee in the House of Representatives in terms of sectoral distribution, and also mentioned the appeal regarding the unconstitutionality of Article (2/first/4/g) of The Federal General Budget Law of the Republic of Iraq for the fiscal year 2021, which includes obligating the Ministry of Finance to cap the allocations mentioned in Table (B) and redistribute the allocations, both operational and capital, and categorize them at the level of departments and chapters. /h) of the same law, including “authorization”The governor has the power to approve the spending plan.[/size]
[size=45]With regard to Article (2/First/8) of the Federal General Budget Law of the Republic of Iraq No. 23 for the fiscal year 2021, the court issued a decision unconstitutional and canceling it, which included the establishment of a (petrodollar fund) in the governorates producing crude or refined oil or gas managed by the governor It is financed from the increase in the price difference that occurs in the selling prices of crude oil.[/size]
[size=45]And the reporter continued, “The court issued a decision unconstitutional and repealing Article (12/Second/B), which includes obligating the Council of Ministers to disengage and restructure departments and departments in ministries and entities not affiliated with a ministry that exercise, under its laws, tasks corresponding to the tasks performed by the Federal Service Council. With regard to Article (18/Third/B), which stipulates “the imposition of a tax at a rate of (15%) on imported fuel, which is sold directly through car filling stations, the Federal Court has ruled that it is unconstitutional and repealed.”[/size]
[size=45]As for Article (50/a) subject to challenge of the Federal General Budget Law of the Republic of Iraq for the fiscal year 2021, which states that “the Minister of Finance may add financial allocations to fill the shortfall in employee compensation from salaries, contractors’ wages and daily wages, if any, provided that it does not exceed the total amount.” 500 billion dinars to be audited by the Federal Board of Financial Supervision later, the Federal Supreme Court ruled unconstitutional and cancel the phrase contained in it and included (the total amount does not exceed “500” billion dinars).[/size]
[size=45]On the other hand, the court issued its decision to dismiss the appeal against Article (50/c) of the Federal Budget Law for the year 2021, which includes obligating the Council of Ministers to increase the current prices for the purchase of wheat, barley and rye crops from farmers by (50) thousand dinars per ton.[/size]
[size=45]It also issued its decision unconstitutional and canceling Article (56/Third) of the Federal Budget Law for the fiscal year 2021, which includes a stipulation on the obligation of extractive oil companies not to include expenses for licensing round contracts in the lists of calculating the costs of the current activity.[/size]
[size=45]And he continued, "As for Article (58) of the Federal Budget Law for the fiscal year 2021, which includes the obligation of the Council of Ministers to send the names of those entrusted with the positions of heads of independent bodies, special grades, deputy ministers and advisors to the House of Representatives no later than 30/6/2021, the Federal Court ruled that the appeal against it was dismissed."[/size]
[size=45]And he indicated that “the court issued its decision in the case numbered (66/Federal/2021) ruling the unconstitutionality of the CPA order regarding the rights of judicial employees to return to the judiciary after a specific government service, as it ruled the unconstitutionality of Order No. (88) for the year 2005 issued by the Coalition Provisional Authority. It includes “the rights of judicial officials to return to the judiciary after a specific government service” for violating the provisions of the Constitution of the Republic of Iraq for the year 2005.[/size]
[size=45]He pointed out that “the court rejected the case numbered (116/Federal/2019) containing the ruling request and canceling the decision of the Revolutionary Command Council to enable the expired members to carry out membership duties and obligate them to empower the members whose membership was ratified by the Federal Supreme Court with its decisions numbered (8/Federal/2019) and (213/Federal/2019) from carrying out the duties of membership and judging the two defendants for violating the constitution.”[/size]
[size=45]The source added that "the court issued its decision to respond to the case numbered (92 / federal / 2021) regarding the request for a ruling obligating the defendant to terminate the membership of the winning candidate and to adopt the plaintiff as a compensating alternative for the parliamentary seat, as he is the biggest loser from the list of the victory coalition for the province of Basra."[/size]
[size=45]And he indicated that “the court decided the case numbered (48 and its units 49/Federal / 2020) by responding to the lack of jurisdiction that included the request to rule the unconstitutionality of the numbered parliament session (18) because the federal court’s jurisdiction to control the constitutionality of laws and regulations in force is not the constitutionality of a session, in addition to the request for the ruling to cancel the paragraph Regarding the division of electoral districts in Kirkuk governorate, due to its violation of the Constitution in Article (49), for not based on sound standards in dividing electoral districts according to population distribution and population density, which resulted in another violation of the Constitution in Article (16) of it, as there is no basis for data sources and figures. Adopted in the division mechanism and not taking into account the equal number of seats allocated to each electoral district according to the number of its residents, and that the Legal Committee has adopted the population statistics for 2010 issued by the Ministry of Planning, although it turns out that the number of seats in the central district is five, not four, so the violation in calculating the numbers constitutes a violation to textconstitutional.[/size]
[size=45]The source added that “the court issued a decision that the text of Article (43) of Traffic Law No. (8) of 2019 was unconstitutional due to the defendant adding the legal provisions of the government project and amending the text of the article under appeal without the government’s approval, which contradicts its policy in reducing expenditures and contradicts the text of Article (130) of the internal system of the House of Representatives, and the amendment came in contravention of what is stipulated in Article (62/Second) of the Constitution.”[/size]
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