[You must be registered and logged in to see this image.] 04/05/2022
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The independent deputy, Basem Khashan, announced today, Wednesday, the filing of a satellite lawsuit against the Speaker of Parliament, Muhammad al-Halbousi, because of his failure to implement the decision of the Federal Court.
Khashan wrote in his Facebook post, saying, "I only want to implement the law. I filed a lawsuit with the Karkh Court of First Instance to demand that Muhammad Rikan al-Halbousi compensate me for the damage caused by his refusal to implement the Federal Court's decision that restored my parliamentary seat to me, and this lawsuit is based on a clear text. of the Civil Code, Article (219).
He added that "the House of Representatives is obliged by virtue of Article (94) of the Constitution to implement the decisions of the Federal Supreme Court, and by virtue of Clause (1/219) of the Civil Code, the House is responsible for its president's failure to implement them," noting that "according to Clause (2/219) it disposes The council is free from this responsibility if it proves that it did what was necessary to prevent the damage, and if he followed him, Al-Halbousi, insisted on refraining, and thus the responsibility for the damage becomes personal, and this is what actually happened and what I explained in the lawsuit petition.
Khashan continued, "All the elements of tort responsibility are verified, namely: the error: Al-Halbousi's refusal to implement the arbitrator's decision, the material damage is depriving me of salaries and allowances, and the moral damage is also verified, and the causal relationship: the material and moral damage that I suffered as a result of this refrain."
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