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[size=35][size=35]With eight points... the Iraqi Judicial Association issues a statement on "political conflicts"[/size][/size]
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2022-05-22 | 06:35
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Alsumaria news-Baghdad
In a statement received by Alsumaria News, the association stated, "In light of the dangerous political, economic, health and social conditions that our country is going through, and because the establishment of the Federal Supreme Court in Iraq is considered an important step in the process of judicial independence, because of its important role in strengthening democracy and consolidating the sovereignty of the constitution." And the law, as the establishment of a court with the authority of constitutional oversight is an important element of building democracy in all countries, so it must be free of whims and personal or political interests.
He added: "And when we have noticed political, executive and personal practices that are in violation of the independence of the judiciary and the fact that it represents one of the three powers stipulated in the constitution. And the continuous public demands that Iraq be a country where the law governs everyone, rather than a country where law prevails that serves people, and is interpreted according to their personal whims and desires.”
And he continued: "Whereas the Iraqi Judicial Association is the only elected and only judicial association in Iraq, which represents judges in a union representation, which was established in order to support the process of judicial independence, and one of its first objectives under its bylaw is to strengthen the independence of the judiciary and not to interfere in its affairs and to express an opinion on legislation related to the judiciary and work. The judiciary in general.The association's board of directors met at its headquarters in[You must be registered and logged in to see this link.]On Sunday, May 22, 2022, he decided to issue the following statement:
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1- It is not in the country’s interest, especially in this circumstance, that a conflict arises between the basic authorities in the state, which are the legislative, executive and judicial authorities, because the natural basis is cooperation and harmony, because that disagreement would be a reason for the regression of the building of the state of law and institutions if those authorities or entities resorted to Or those who claim to represent it or belong to it by publicly criticizing, defaming, accusing, politicizing and not being impartial.
2- The state of law has elements if one of them fails to describe it, and gradually turns into a police state in which rights and freedoms are violated and the law is politicized, and these elements are; The constitution and the rule of law, the gradation of legal rules, judicial oversight, the separation of powers, and the independence of the judiciary. Therefore, all authorities and individuals must preserve these elements and stand up to anyone who wants to destabilize them and transgress them.
3- We remind the legislative and executive authorities and all political forces to what is stated in the provisions of the Constitution[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]For the year (2005) that the federal authorities consist of the legislative, executive and judicial authorities, exercising their powers and tasks in accordance with the principle of separation of powers, meaning that the judicial authority is one of the three authorities and the Constitution has devoted chapter three to it after the first chapter is concerned with the legislative authority and the second chapter is concerned with the authority He also singled out texts for it that no other authorities had to confirm its independence, as it was stated in Article (19/first) of the Constitution that “the judiciary is independent and there is no authority over it except for the law” and in (paragraph III) of the same article that “the right to litigation is a safeguarded right.” It is guaranteed for all) and in (Article 87) that (the judicial authority is independent to be assumed by courts of all kinds and levels) and in (Article 88) that (Judges are independent and there is no authority over them in their judiciary except the law, and no authority may interfere in the judiciary or in the affairs of justice).
4- The issuance of legislation related to the judicial authority by Parliament does not give it superiority over the rest of the powers, because it exercises this in implementation of its constitutional powers, which must adhere to the principle of separation between it and the other two executive and judicial authorities, which are no less important or superior to it. The law is in accordance with the decisions and provisions issued by its members and bodies, which are enforceable on all authorities and individuals.
5- The independence of the judiciary is not limited to the mere independence of judges or the independence of the judiciary in issuing rulings without influence or interference from any other authority or body, but rather extends mainly to the obligation of all those authorities and bodies to respect and implement the rulings and decisions issued by the judiciary. Respecting and implementing judicial rulings is the practical aspect of judicial independence. Otherwise, these judgments and decisions will become mere words devoid of practical benefit, and the principle of judicial independence has become empty of its content, meaning that the inevitability of implementing judicial judgments is an important and essential aspect of judicial independence, so none of the authorities may Or the other parties to refrain from fully implementing its provisions or dispute them on the basis of their unfairness or non-consistency with the provisions of the constitution or the law or the tendency to partial implementation of those provisions or even delay in their implementation. In violation of the most important principlesConstitutionalism, which is the principle of judicial independence and entails both criminal and civil responsibility.
6- We call on the legislative and executive authorities, all political forces, and all our Iraqi people to distance the judiciary from political conflicts and preserve its independence as the neutral party to ensure that it is not affected by any political consideration and does not respond to any personal influence and enable it to simplify oversight over the work of the other two authorities. On the work of the legislative authority to ensure the extent to which the legislation it issues approves of the constitution and has the authority to rule the unconstitutionality of any legislative text and to cancel it, and the judiciary is the one who grants members of the House of Representatives the legitimacy of their membership through ratification of the election results and has the right to cancel the membership of any of them in the event of losing the conditions of membership And that he may consider issues arising from the application of laws, regulations, instructions, and procedures issued by the federal authorities and cancel any of them if it is in violation of the provisions of laws according to their gradations, in order to preserve the constitution and build a state ruled by law.
7- We thank all the political forces and members of the legislative and executive authorities who had a clear opinion of respecting the provisions of the constitution through their respect for the rulings and decisions issued by the judiciary, even if they did not correspond to their interests or even their convictions.
8- Finally, we call on all female colleagues, judges and members of the prosecution to take their role in demanding what is included in this statement or what they deem appropriate, and in a manner that preserves or guarantees the preservation of the prestige and independence of the judiciary and not to allow it to be undermined, especially after the judiciary became after the enforcement of the law of the Supreme Judicial Council in 1/23/2017 By God’s grace, it is a place of trust for the people and a haven even for the legislative and executive authorities to resort to when crises intensify and cannot be resolved.
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2022-05-22 | 06:35
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3,677 views
Alsumaria news-Baghdad
Today, Sunday, the Iraqi Judicial Association issued a statement, calling for the judiciary to be removed from the political conflicts taking place in the country, stressing the independence of the judiciary and its importance in strengthening democracy.
In a statement received by Alsumaria News, the association stated, "In light of the dangerous political, economic, health and social conditions that our country is going through, and because the establishment of the Federal Supreme Court in Iraq is considered an important step in the process of judicial independence, because of its important role in strengthening democracy and consolidating the sovereignty of the constitution." And the law, as the establishment of a court with the authority of constitutional oversight is an important element of building democracy in all countries, so it must be free of whims and personal or political interests.
He added: "And when we have noticed political, executive and personal practices that are in violation of the independence of the judiciary and the fact that it represents one of the three powers stipulated in the constitution. And the continuous public demands that Iraq be a country where the law governs everyone, rather than a country where law prevails that serves people, and is interpreted according to their personal whims and desires.”
And he continued: "Whereas the Iraqi Judicial Association is the only elected and only judicial association in Iraq, which represents judges in a union representation, which was established in order to support the process of judicial independence, and one of its first objectives under its bylaw is to strengthen the independence of the judiciary and not to interfere in its affairs and to express an opinion on legislation related to the judiciary and work. The judiciary in general.The association's board of directors met at its headquarters in[You must be registered and logged in to see this link.]On Sunday, May 22, 2022, he decided to issue the following statement:
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[rtl][You must be registered and logged in to see this link.]
[ltr]02:04 | 2022-02-17[/ltr][/rtl]
[rtl][You must be registered and logged in to see this link.]
[ltr]03:59 | 2022-04-11[/ltr][/rtl]
[rtl][You must be registered and logged in to see this link.]
[ltr]01:38 | 2022-01-23[/ltr][/rtl]
1- It is not in the country’s interest, especially in this circumstance, that a conflict arises between the basic authorities in the state, which are the legislative, executive and judicial authorities, because the natural basis is cooperation and harmony, because that disagreement would be a reason for the regression of the building of the state of law and institutions if those authorities or entities resorted to Or those who claim to represent it or belong to it by publicly criticizing, defaming, accusing, politicizing and not being impartial.
2- The state of law has elements if one of them fails to describe it, and gradually turns into a police state in which rights and freedoms are violated and the law is politicized, and these elements are; The constitution and the rule of law, the gradation of legal rules, judicial oversight, the separation of powers, and the independence of the judiciary. Therefore, all authorities and individuals must preserve these elements and stand up to anyone who wants to destabilize them and transgress them.
3- We remind the legislative and executive authorities and all political forces to what is stated in the provisions of the Constitution[url=https://www.alsumaria.tv/Entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]For the year (2005) that the federal authorities consist of the legislative, executive and judicial authorities, exercising their powers and tasks in accordance with the principle of separation of powers, meaning that the judicial authority is one of the three authorities and the Constitution has devoted chapter three to it after the first chapter is concerned with the legislative authority and the second chapter is concerned with the authority He also singled out texts for it that no other authorities had to confirm its independence, as it was stated in Article (19/first) of the Constitution that “the judiciary is independent and there is no authority over it except for the law” and in (paragraph III) of the same article that “the right to litigation is a safeguarded right.” It is guaranteed for all) and in (Article 87) that (the judicial authority is independent to be assumed by courts of all kinds and levels) and in (Article 88) that (Judges are independent and there is no authority over them in their judiciary except the law, and no authority may interfere in the judiciary or in the affairs of justice).
4- The issuance of legislation related to the judicial authority by Parliament does not give it superiority over the rest of the powers, because it exercises this in implementation of its constitutional powers, which must adhere to the principle of separation between it and the other two executive and judicial authorities, which are no less important or superior to it. The law is in accordance with the decisions and provisions issued by its members and bodies, which are enforceable on all authorities and individuals.
5- The independence of the judiciary is not limited to the mere independence of judges or the independence of the judiciary in issuing rulings without influence or interference from any other authority or body, but rather extends mainly to the obligation of all those authorities and bodies to respect and implement the rulings and decisions issued by the judiciary. Respecting and implementing judicial rulings is the practical aspect of judicial independence. Otherwise, these judgments and decisions will become mere words devoid of practical benefit, and the principle of judicial independence has become empty of its content, meaning that the inevitability of implementing judicial judgments is an important and essential aspect of judicial independence, so none of the authorities may Or the other parties to refrain from fully implementing its provisions or dispute them on the basis of their unfairness or non-consistency with the provisions of the constitution or the law or the tendency to partial implementation of those provisions or even delay in their implementation. In violation of the most important principlesConstitutionalism, which is the principle of judicial independence and entails both criminal and civil responsibility.
6- We call on the legislative and executive authorities, all political forces, and all our Iraqi people to distance the judiciary from political conflicts and preserve its independence as the neutral party to ensure that it is not affected by any political consideration and does not respond to any personal influence and enable it to simplify oversight over the work of the other two authorities. On the work of the legislative authority to ensure the extent to which the legislation it issues approves of the constitution and has the authority to rule the unconstitutionality of any legislative text and to cancel it, and the judiciary is the one who grants members of the House of Representatives the legitimacy of their membership through ratification of the election results and has the right to cancel the membership of any of them in the event of losing the conditions of membership And that he may consider issues arising from the application of laws, regulations, instructions, and procedures issued by the federal authorities and cancel any of them if it is in violation of the provisions of laws according to their gradations, in order to preserve the constitution and build a state ruled by law.
7- We thank all the political forces and members of the legislative and executive authorities who had a clear opinion of respecting the provisions of the constitution through their respect for the rulings and decisions issued by the judiciary, even if they did not correspond to their interests or even their convictions.
8- Finally, we call on all female colleagues, judges and members of the prosecution to take their role in demanding what is included in this statement or what they deem appropriate, and in a manner that preserves or guarantees the preservation of the prestige and independence of the judiciary and not to allow it to be undermined, especially after the judiciary became after the enforcement of the law of the Supreme Judicial Council in 1/23/2017 By God’s grace, it is a place of trust for the people and a haven even for the legislative and executive authorities to resort to when crises intensify and cannot be resolved.
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