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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Clarification from the President of the Judicial Council regarding the penalty for violating the con

    Rocky
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    Clarification from the President of the Judicial Council regarding the penalty for violating the con Empty Clarification from the President of the Judicial Council regarding the penalty for violating the con

    Post by Rocky Fri 01 Apr 2022, 8:05 am

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     Baghdad - conscious
    Today, Friday, the head of the Supreme Judicial Council, Faiq Zeidan, issued a clarification regarding the penalty for violating the constitutional rule and dissolving Parliament.
    The following is an article by Judge Zaidan, of which the Iraqi News Agency (INA) received a copy:
    “Penalty is the effect of violating the law and it is imposed by the judiciary. It may be in the form of a criminal penalty against those who violate the criminal law, either with a corporal punishment on the human body, such as the death penalty, or on his freedom by imprisonment or imprisonment, and the penalty may be financial. The second form of the penalty is the civil penalty that results from the violation. Other laws, except for the criminal law, where it is imposed when a private right is infringed or denied without affecting the public interest or disturbing the social order, so the result of it is to repair the damage or remove it, which is a special right for the one who has been harmed, and the third form of the penalty is the disciplinary penalty that is imposed when violating the law Which regulates the public office, such as the penalty of reprimand, warning or dismissal imposed by the administrative head of the offender .
    On the other hand, the dissolution of Parliament is the main balancing tool between the legislative and executive authorities, and it is considered the most important means of the executive authority in the face of the legislative authority. 64 / first) from it in two ways, the first is a self-dissolution that is within the House of Representatives at the request of one-third of its members and voting with the approval of the absolute majority of its members on this request. As for the second way, it is represented in a request from the Prime Minister and with the approval of the President of the Republic, it is submitted to the House of Representatives.).
     Today, the Iraqi political reality is witnessing a clear violation of a constitutional rule stipulated in Article (72/Second/B) of the constitution by specifying the period for the President of the Republic to continue exercising his duties until after the end of the elections for the new House of Representatives and its meeting within a maximum period of thirty days from the date of the first meeting of the Council and the obligation to elect A new president for the republic during that time, but that did not happen due to the lack of political agreement between the parties and the political forces that make up the House of Representatives, and although the Federal Supreme Court worked hard to find a way out for this constitutional violation when it permitted the president of the republic to continue to exercise his duties until a new president is elected according to the decision issued on (13/2). /2022) under No. (17/Federal/2022), but this jurisprudence, although it was necessary to avoid a situation of vacancy of the position and the consequent actions not agreed upon by the Asian political, but it was not sufficient to address the continuation of violating the constitution for an indefinite period due to the stipulated two-thirds majority requirement It is stipulated in Article (70/First) of the ConstitutionRegarding the quorum for the session of the House of Representatives devoted to electing the President of the Republic and the absence of a provision for the existence of a (constitutional sanction) for this violation, we therefore see the amendment of the constitutional text contained in Article (64/First) that the House of Representatives be dissolved by a decision of the Prime Minister and with the approval of the President of the Republic that It is not during the prime minister’s interrogation period. Thus, a balance is achieved between the legislative and executive authorities, with the penalty for violating the constitutional rule by a decision of the legislative authority in the event of a violation by the executive authority by withdrawing confidence from it, and vice versa. ) In the event of a violation of the constitutional rule by the House of Representatives by dissolving the House without the condition that the House of Representatives approve the dissolution procedures and to ensure that the executive authority is not arbitrary in inflicting the penalty by dissolving the House of Representatives and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued by the executive authority is subject to appeal before the court FederalSupreme.
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