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The text of the law of the Federal Court on the table before Parliament
8/9/2014 0:00
Represents the law of the Federal Court, which the House is debating now, an important step towards the adoption of more other laws, especially that version of law presented for reading, according to the parliamentary process is effective and applicable with ABC Constitution, it is possible to serve as a law of the Federal Court, and publishes the "morning"
The text of the law
Behalf of the people
Presidency of the Republic
Resolution No. ()
Based on what passed the House of Representatives, according to the provisions of subsection (i) of Article (61) and item (iii) of Article (73) of the Constitution
President of the Republic decided on / / 2014
Issuing the following law:
No. () for the year 2014
Law
The Federal Supreme Court
Article 1 - The Federal Supreme Court is the highest judicial body in Iraq and enjoys a legal personality and financial and administrative independence and functions shall include all parts of Iraq, including the provinces and to be based in Baghdad and when necessary have to hold its jurisdiction in any territory or province in Iraq and the president head of the federal judiciary .
Article - 2 - First Court shall consist of a chairman and a vice-president and one of ten members as follows:
A president of the court and be the judges
B - Vice-President of the Court and the judges
C - Seven members of the judges
D - Two experts from Islamic Jurisprudence
E - two members of the jurists.
Secondly - (a) The Court shall have full-time member of a reserve is chosen by the President of the Court, in consultation with members of the Federal Supreme Court of the Federal Court of Cassation judges to replace judges of the court if any of them could not account for any reason whatsoever.
B - The Court shall be a member of a reserve part-time experts from Islamic jurisprudence and jurists to replace one member of the original replaced if unable participation for any reason whatsoever and are selected in the same manner in which the selection of experts and scholars natives.
Article - -3 First: nominate the Federal Supreme Court and the Supreme Judicial Council and the boards of the judiciary in the provinces, in a joint meeting of the President of the Federal Supreme Court, his deputy and judges from among the judges of first class continuous service who are not less than the duration of active service in the elimination of about twenty (20) years and a competent and reputable not been previously convicted of a crime involving moral turpitude that are nominated three candidates for each position.
Secondly a- nominate the Ministry of Higher Education and Scientific Research (6) six candidates of jurists who have experience in the field of constitutional and do not say their service Actual twenty (20) years at universities or research centers, competent and reputable never judged a crime involving moral turpitude .
B - nominate Deewana Islamic Waqf in a joint meeting of six (6) candidates from the Islamic jurisprudence experts who have experience in martial legitimacy of not less than twenty (20) years with enjoyment Efa and good reputation has never judged a crime involving moral turpitude.
C - required to be President of the Court and its members and Vice President of judges and scholars and experts from the Iraqis do not enjoy any of them to the nationality of the other.
Thirdly - presented the nominations set forth in (i) and (ii) of this article on the body composed of the President and the Prime Minister and the President of the House of Representatives and the President of the federal judicial power in a joint meeting to choose the head of the Federal Supreme Court, his deputy and judges and experts in Islamic jurisprudence and legal scholars from among candidates according to the number specified in this law, and the President is appointed by the issuance of Presidential Decree.
Fourthly - in the case of failure to get approval on any of the candidates or if the position becomes vacant positions in the court for any reason, the alternative is to choose as outlined in the (first, second and third) of this Article.
Article - 4 - The president of the court, and his deputy, and its members by direct their jobs right in front of the President of the Republic in accordance with the following formula:
(I swear Ba God Almighty to do my business and my job honestly and spend between adversaries in truth and justice and snap the provisions of the Constitution and the laws fairly and impartially and preserve the independence of the judiciary and the dignity and integrity and safeguard the Constitution and protect public and private liberties and God is my witness).
Article 5 - The Supreme Federal Court, including the following:
First - overseeing the constitutionality of laws and regulations in force
Secondly - the interpretation of provisions of the Constitution
Chapter III of the issues that arise from the application of federal laws, decrees, and regulations, instructions and procedures issued by the federal authority and the law provides for each of the Council of Ministers and stakeholders from individuals and others, the right to appeal direct to the Court.
Fourthly - ruling in disputes between the federal government and the governments of the regions and the provinces and municipalities, and local administrations.
V - adjudicate disputes that arise between the governments of the regions or provinces.
Chapter VI in the accusations against the President and the Prime Minister and Council of Ministers and is regulated by law.
Seventh - to ratify the final results of the general elections for membership of the House of Representatives.
VIII - A chapter in the conflict of jurisdiction between the federal judiciary and judicial bodies of the regions is not organized in a region.
(B) chapter in the conflict of jurisdiction between the judicial bodies of the regions and governorates that are not organized in a region.
IX - to challenge the decision of the House of Representatives issued according to the validity set forth in item (i) of Article (52) of the Constitution of the Republic of Iraq in 2005 and, within thirty days from the date of issuance.
X. - Any other functions contained in federal laws.
Article 6 - chaired by Vice-President of the Court or the court where the senior judge in the absence of its chairman or his deputy, or the existence of legal impediment presiding over her.
Article 7 - First - President of the Court responsible for the administration has authorized some of his powers to his deputy or one of the members of the Court
Secondly - appointed by the President of the Court in accordance with the owners ratified the Court's staff and is seen in all their affairs, and has authorized Director General of Administrative Affairs Court in matters of administrative personnel.
Thirdly - regulates the Federal Supreme Court in coordination with the Ministry of Finance salary scale for court staff.
IV applies the Judicial Organization Law No. (160) for the year 1979 and the Civil Service Law No. (24) for the year 1960 and the law of the discipline of state employees No. (14) for the year 1991 and the Unified Retirement Law No. (9) for the year 2014 or any other law replaced by the employees of the court unless this is contained in the text of the law otherwise.
Article - First -8 - be the period of service in the court of judges and experts in Islamic jurisprudence and legal scholars (10) ten years from the date of assuming unless someone wishes to leave the service or proved its inability to carry out his duties for health reasons.
Secondly - an exception to the provision of clause (i) of this Article shall continue to Chairman of the Federal Supreme Court and three of its members to work in the court for a period of one year after the expiration of the period specified in the first item of this article and for one time.
Article - First: -9 and Vice President of the Court and its members can not be removed unless the judgment on someone of a crime involving moral turpitude and has gained a degree of judgment bits, and is a non-resident to retire in this case.
Second is not permitted to reduce the salary of the President of the Federal Supreme Court, his deputy and members of judges or experts in Islamic jurisprudence or jurists or cashed suspended for any reason during the period of his service.
Article -10
First a- President shall receive Federal Supreme Court a salary equal to that received by each of the head of the legislature and the chief executive of the salary and allowances and be Bdrjtahma in terms of privileges and rights.
B - earns Vice President of the Federal Supreme Court and its members from the judges, and legal scholars and experts of Islamic jurisprudence Maitkadah Minister of salary and allowances and are Bdrjtah in terms of privileges and rights.
Second - The Speaker of the Federal Supreme Court, his deputy and member of the Court of judges and experts in Islamic jurisprudence and legal scholars pension amount (80%) eighty percent of the last salary and allowances Tkadaha in service at his retirement that did not exceed the allocation (150%) of the salary career.
Article 11 -
First - worth the President of the Court and his deputies and its members vacation routine with full salary at the rate of one day for each eight days of length of service and apply to them the provisions of the Civil Service Law No. (24) for the year 1960 average, and the Judicial Organization Law No. (160) for the year 1979 average in unless it this provision in the law.
Secondly - may be the accumulation of normal vacations, no matter how.
III gives the President of the Court, his deputy and members of Mahalon retirement salaries Vacations normal that all of them deserve a full-on total remuneration of monthly salary and allowances in the last month before submitting to the retirement that not more than one year.
Article -12-
President of the Court calls for its members to convene in sufficient time, and is accompanied by a book advocating the agenda and related activities of its documents, but not be held valid only in the presence of three-quarters of its members, and issued verdicts and decisions either by agreement or majority.
Article -13- judgments and decisions issued by the Court are final and binding for all authorities need to be published in the Official Gazette, including whether the judgment regarding the constitutionality of legislative text and that text is null and void from the date of publication of the judgment, unless the text of the rule otherwise.
Article -14- first - if the judgment or decision relates to the unconstitutionality of penal provision is guilty verdicts and the sentence which had been issued on the basis of him as if were not, and the president of the court to notify the Supreme Judicial Council and the Ministry of Justice to implement that judgment or decision.
Secondly - if the judgment or decision not to respect civilian constitutional text that does not affect the legal rights acquired before its release.
Article -15-
First - the President and the Prime Minister and the President of the House of Representatives and the President of the Federation Council and the heads of the regions and the ministers and governors in the provinces is not organized in a region the demand of the Federal Supreme Court interpretation of the provisions of the Constitution.
Secondly - the interpretation of constitutional provisions issued by the Federal Supreme Court will be final and binding for all authorities.
Thirdly - If the request for interpretation of the constitutional text leads to prejudice to the rights and legal centers is required to establish a lawsuit demanded explanation so in front of the Federal Supreme Court and in accordance with law.
Article -16-
Meet the Federal Supreme Court, all proceeding in front of a flat fee amounting to one hundred thousand dinars.
Article -17-
The provisions of Code of Civil Procedure No. (83) of 1969 and the Penal Procedural Law No. (23) of 1971 and Evidence Act No. (107) for the year 1979 or any other laws replace them, unless it is specifically provided in this Act or in the rules of procedure of the Court .
Article -18-
Does not apply to claims heard by the court attendance rules or absence set forth in Code of Civil Procedure and the Code of Criminal Procedure.
Article -19-
The Court, Director General holds a college degree in the initial law and be a service of not less than ten years shall be managed by administrative and financial affairs and assisted by an adequate number of staff.
Article -20-
Federal Supreme Court issued an internal system identifies the procedures that govern the workflow where and how to accept the claims, demands, proceedings and all pleadings Mayshl implementation of the provisions of this law.
Article -21- apply the provisions of this law on the President and members of the court appointed under Presidential Decree No. (2) of the first of the month of June of 2005 and Presidential Decree No. (3) of the nineteenth of the month of February in 2007 and continue to perform their duties until the formation of Court under this Act.
Article -22-
First - The Law of the Federal Supreme Court No. (30) for the year 2005.
Secondly - Work continues in the rules of procedure (1) for the year 2005 until the issuance of a new internal system.
Article -23-
Does not work any provision inconsistent with the provisions of this law.
Article -24-
This law shall be from the date of its publication in the Official Gazette.
Reasons
Pursuant to the provisions contained in the articles (52, 92, 93, 94, 97) of the Constitution of the Republic of Iraq in 2005 and to keep abreast of the changes contained in the democratic process and constitutional institutions created by and for the practical application of the provisions of the law in force initiated this law.
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8/9/2014 0:00
Represents the law of the Federal Court, which the House is debating now, an important step towards the adoption of more other laws, especially that version of law presented for reading, according to the parliamentary process is effective and applicable with ABC Constitution, it is possible to serve as a law of the Federal Court, and publishes the "morning"
The text of the law
Behalf of the people
Presidency of the Republic
Resolution No. ()
Based on what passed the House of Representatives, according to the provisions of subsection (i) of Article (61) and item (iii) of Article (73) of the Constitution
President of the Republic decided on / / 2014
Issuing the following law:
No. () for the year 2014
Law
The Federal Supreme Court
Article 1 - The Federal Supreme Court is the highest judicial body in Iraq and enjoys a legal personality and financial and administrative independence and functions shall include all parts of Iraq, including the provinces and to be based in Baghdad and when necessary have to hold its jurisdiction in any territory or province in Iraq and the president head of the federal judiciary .
Article - 2 - First Court shall consist of a chairman and a vice-president and one of ten members as follows:
A president of the court and be the judges
B - Vice-President of the Court and the judges
C - Seven members of the judges
D - Two experts from Islamic Jurisprudence
E - two members of the jurists.
Secondly - (a) The Court shall have full-time member of a reserve is chosen by the President of the Court, in consultation with members of the Federal Supreme Court of the Federal Court of Cassation judges to replace judges of the court if any of them could not account for any reason whatsoever.
B - The Court shall be a member of a reserve part-time experts from Islamic jurisprudence and jurists to replace one member of the original replaced if unable participation for any reason whatsoever and are selected in the same manner in which the selection of experts and scholars natives.
Article - -3 First: nominate the Federal Supreme Court and the Supreme Judicial Council and the boards of the judiciary in the provinces, in a joint meeting of the President of the Federal Supreme Court, his deputy and judges from among the judges of first class continuous service who are not less than the duration of active service in the elimination of about twenty (20) years and a competent and reputable not been previously convicted of a crime involving moral turpitude that are nominated three candidates for each position.
Secondly a- nominate the Ministry of Higher Education and Scientific Research (6) six candidates of jurists who have experience in the field of constitutional and do not say their service Actual twenty (20) years at universities or research centers, competent and reputable never judged a crime involving moral turpitude .
B - nominate Deewana Islamic Waqf in a joint meeting of six (6) candidates from the Islamic jurisprudence experts who have experience in martial legitimacy of not less than twenty (20) years with enjoyment Efa and good reputation has never judged a crime involving moral turpitude.
C - required to be President of the Court and its members and Vice President of judges and scholars and experts from the Iraqis do not enjoy any of them to the nationality of the other.
Thirdly - presented the nominations set forth in (i) and (ii) of this article on the body composed of the President and the Prime Minister and the President of the House of Representatives and the President of the federal judicial power in a joint meeting to choose the head of the Federal Supreme Court, his deputy and judges and experts in Islamic jurisprudence and legal scholars from among candidates according to the number specified in this law, and the President is appointed by the issuance of Presidential Decree.
Fourthly - in the case of failure to get approval on any of the candidates or if the position becomes vacant positions in the court for any reason, the alternative is to choose as outlined in the (first, second and third) of this Article.
Article - 4 - The president of the court, and his deputy, and its members by direct their jobs right in front of the President of the Republic in accordance with the following formula:
(I swear Ba God Almighty to do my business and my job honestly and spend between adversaries in truth and justice and snap the provisions of the Constitution and the laws fairly and impartially and preserve the independence of the judiciary and the dignity and integrity and safeguard the Constitution and protect public and private liberties and God is my witness).
Article 5 - The Supreme Federal Court, including the following:
First - overseeing the constitutionality of laws and regulations in force
Secondly - the interpretation of provisions of the Constitution
Chapter III of the issues that arise from the application of federal laws, decrees, and regulations, instructions and procedures issued by the federal authority and the law provides for each of the Council of Ministers and stakeholders from individuals and others, the right to appeal direct to the Court.
Fourthly - ruling in disputes between the federal government and the governments of the regions and the provinces and municipalities, and local administrations.
V - adjudicate disputes that arise between the governments of the regions or provinces.
Chapter VI in the accusations against the President and the Prime Minister and Council of Ministers and is regulated by law.
Seventh - to ratify the final results of the general elections for membership of the House of Representatives.
VIII - A chapter in the conflict of jurisdiction between the federal judiciary and judicial bodies of the regions is not organized in a region.
(B) chapter in the conflict of jurisdiction between the judicial bodies of the regions and governorates that are not organized in a region.
IX - to challenge the decision of the House of Representatives issued according to the validity set forth in item (i) of Article (52) of the Constitution of the Republic of Iraq in 2005 and, within thirty days from the date of issuance.
X. - Any other functions contained in federal laws.
Article 6 - chaired by Vice-President of the Court or the court where the senior judge in the absence of its chairman or his deputy, or the existence of legal impediment presiding over her.
Article 7 - First - President of the Court responsible for the administration has authorized some of his powers to his deputy or one of the members of the Court
Secondly - appointed by the President of the Court in accordance with the owners ratified the Court's staff and is seen in all their affairs, and has authorized Director General of Administrative Affairs Court in matters of administrative personnel.
Thirdly - regulates the Federal Supreme Court in coordination with the Ministry of Finance salary scale for court staff.
IV applies the Judicial Organization Law No. (160) for the year 1979 and the Civil Service Law No. (24) for the year 1960 and the law of the discipline of state employees No. (14) for the year 1991 and the Unified Retirement Law No. (9) for the year 2014 or any other law replaced by the employees of the court unless this is contained in the text of the law otherwise.
Article - First -8 - be the period of service in the court of judges and experts in Islamic jurisprudence and legal scholars (10) ten years from the date of assuming unless someone wishes to leave the service or proved its inability to carry out his duties for health reasons.
Secondly - an exception to the provision of clause (i) of this Article shall continue to Chairman of the Federal Supreme Court and three of its members to work in the court for a period of one year after the expiration of the period specified in the first item of this article and for one time.
Article - First: -9 and Vice President of the Court and its members can not be removed unless the judgment on someone of a crime involving moral turpitude and has gained a degree of judgment bits, and is a non-resident to retire in this case.
Second is not permitted to reduce the salary of the President of the Federal Supreme Court, his deputy and members of judges or experts in Islamic jurisprudence or jurists or cashed suspended for any reason during the period of his service.
Article -10
First a- President shall receive Federal Supreme Court a salary equal to that received by each of the head of the legislature and the chief executive of the salary and allowances and be Bdrjtahma in terms of privileges and rights.
B - earns Vice President of the Federal Supreme Court and its members from the judges, and legal scholars and experts of Islamic jurisprudence Maitkadah Minister of salary and allowances and are Bdrjtah in terms of privileges and rights.
Second - The Speaker of the Federal Supreme Court, his deputy and member of the Court of judges and experts in Islamic jurisprudence and legal scholars pension amount (80%) eighty percent of the last salary and allowances Tkadaha in service at his retirement that did not exceed the allocation (150%) of the salary career.
Article 11 -
First - worth the President of the Court and his deputies and its members vacation routine with full salary at the rate of one day for each eight days of length of service and apply to them the provisions of the Civil Service Law No. (24) for the year 1960 average, and the Judicial Organization Law No. (160) for the year 1979 average in unless it this provision in the law.
Secondly - may be the accumulation of normal vacations, no matter how.
III gives the President of the Court, his deputy and members of Mahalon retirement salaries Vacations normal that all of them deserve a full-on total remuneration of monthly salary and allowances in the last month before submitting to the retirement that not more than one year.
Article -12-
President of the Court calls for its members to convene in sufficient time, and is accompanied by a book advocating the agenda and related activities of its documents, but not be held valid only in the presence of three-quarters of its members, and issued verdicts and decisions either by agreement or majority.
Article -13- judgments and decisions issued by the Court are final and binding for all authorities need to be published in the Official Gazette, including whether the judgment regarding the constitutionality of legislative text and that text is null and void from the date of publication of the judgment, unless the text of the rule otherwise.
Article -14- first - if the judgment or decision relates to the unconstitutionality of penal provision is guilty verdicts and the sentence which had been issued on the basis of him as if were not, and the president of the court to notify the Supreme Judicial Council and the Ministry of Justice to implement that judgment or decision.
Secondly - if the judgment or decision not to respect civilian constitutional text that does not affect the legal rights acquired before its release.
Article -15-
First - the President and the Prime Minister and the President of the House of Representatives and the President of the Federation Council and the heads of the regions and the ministers and governors in the provinces is not organized in a region the demand of the Federal Supreme Court interpretation of the provisions of the Constitution.
Secondly - the interpretation of constitutional provisions issued by the Federal Supreme Court will be final and binding for all authorities.
Thirdly - If the request for interpretation of the constitutional text leads to prejudice to the rights and legal centers is required to establish a lawsuit demanded explanation so in front of the Federal Supreme Court and in accordance with law.
Article -16-
Meet the Federal Supreme Court, all proceeding in front of a flat fee amounting to one hundred thousand dinars.
Article -17-
The provisions of Code of Civil Procedure No. (83) of 1969 and the Penal Procedural Law No. (23) of 1971 and Evidence Act No. (107) for the year 1979 or any other laws replace them, unless it is specifically provided in this Act or in the rules of procedure of the Court .
Article -18-
Does not apply to claims heard by the court attendance rules or absence set forth in Code of Civil Procedure and the Code of Criminal Procedure.
Article -19-
The Court, Director General holds a college degree in the initial law and be a service of not less than ten years shall be managed by administrative and financial affairs and assisted by an adequate number of staff.
Article -20-
Federal Supreme Court issued an internal system identifies the procedures that govern the workflow where and how to accept the claims, demands, proceedings and all pleadings Mayshl implementation of the provisions of this law.
Article -21- apply the provisions of this law on the President and members of the court appointed under Presidential Decree No. (2) of the first of the month of June of 2005 and Presidential Decree No. (3) of the nineteenth of the month of February in 2007 and continue to perform their duties until the formation of Court under this Act.
Article -22-
First - The Law of the Federal Supreme Court No. (30) for the year 2005.
Secondly - Work continues in the rules of procedure (1) for the year 2005 until the issuance of a new internal system.
Article -23-
Does not work any provision inconsistent with the provisions of this law.
Article -24-
This law shall be from the date of its publication in the Official Gazette.
Reasons
Pursuant to the provisions contained in the articles (52, 92, 93, 94, 97) of the Constitution of the Republic of Iraq in 2005 and to keep abreast of the changes contained in the democratic process and constitutional institutions created by and for the practical application of the provisions of the law in force initiated this law.
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