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.

Join the forum, it's quick and easy

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

Would you like to react to this message? Create an account in a few clicks or log in to continue.
Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


After al-Sadr's demands, jurists determine ways and the possibility of dissolving the House of Repre

rocky
rocky
NNP TEAM
NNP TEAM


Posts : 225118
Join date : 2012-12-21

After al-Sadr's demands, jurists determine ways and the possibility of dissolving the House of Repre Empty After al-Sadr's demands, jurists determine ways and the possibility of dissolving the House of Repre

Post by rocky Thu 11 Aug 2022, 4:39 am

[size=35][size=35]After al-Sadr's demands, jurists determine ways and the possibility of dissolving the House of Representatives - urgent[/size][/size]
[You must be registered and logged in to see this link.]

Policy

[size]
[You must be registered and logged in to see this link.][/size]
2022-08-11 | 05:12
[You must be registered and logged in to see this image.]




Source:
[You must be registered and logged in to see this link.]

3,621 views


Alsumaria News - Baghdad

The pace of discussions between the political and legal circles escalated after the tweet of the leader of the Sadrist movement Muqtada al-Sadr and his request to dissolve Parliament and talk about the possibility of the Supreme Judicial Council dissolving it in light of the political impasse in Iraq nearly 10 months ago from the early elections that were held on 10/10/2021.


Yesterday, the leader of the Sadrist movement demanded[url=https://www.alsumaria.tv/Entity/133374/%D9%85%D9%82%D8%AA%D8%AF%D9%89 %D8%A7%D9%84%D8%B5%D8%AF%D8%B1/ar/]Muqtada al-Sadr[/url], the Supreme Judicial Council to dissolve[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]During the next week, the President of the Republic called for setting a date for "conditional" early elections.

Al-Sadr said in a tweet via Twitter, I followed it[url=https://www.alsumaria.tv/Entity/133473/%D8%A7%D9%84%D8%B3%D9%88%D9%85%D8%B1%D9%8A%D8%A9 %D9%86%D9%8A%D9%88%D8%B2/ar/]Alsumaria news[/url]“I direct my words to the Iraqi judiciary, from which we still hope for the best despite the political and security pressures it is subjected to and leaks from here and there, provided that it dissolve Parliament after constitutional violations within a period not exceeding the end of next week, and assign the President of the Republic to set a date for early, conditional elections. Terms and conditions we will announce later.






* Legal Methods The legal

legal expert[url=https://www.alsumaria.tv/Entity/3104794497/%D8%B9%D9%84%D9%8A %D8%A7%D9%84%D8%AA%D9%85%D9%8A%D9%85%D9%8A/ar/]Ali Al Tamimi[/url], confirms that there are two opinions about the eligibility of the Federal Court to dissolve[url=https://www.alsumaria.tv/Entity/1488748421/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A/ar/]Iraqi parliament[/url].

Al-Tamimi says in an interview with Alsumaria News, that the first opinion is as follows, "The Federal Court has no right to resolve the matter."[url=https://www.alsumaria.tv/Entity/1488748421/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A/ar/]Iraqi parliament[/url]The argument of this opinion is that the dissolution of Parliament is precisely defined in Article 64 of the Constitution, whereby it dissolves itself at the request of one-third of the members and with the approval of the absolute majority of the number of members.
[rtl]Related Articles[/rtl]
[rtl][You must be registered and logged in to see this link.]
[ltr]06:12 | 2022-04-1[/ltr][/rtl]
[rtl][You must be registered and logged in to see this link.]
[ltr]03:08 | 2022-02-14[/ltr][/rtl]
[rtl][You must be registered and logged in to see this link.]
[ltr]10:42 | 2022-03-22[/ltr][/rtl]

He added, as for the second opinion, it is "a request from the Prime Minister and the President of the Republic and the approval of the majority for the number of members, and this method is not possible because the current government is a caretaker government, and thus the first opinion remains the only solution to dissolve Parliament."

And he continued, "As for those who say that the judiciary can dissolve Parliament, their argument is that a case should be submitted to the Federal Court. These cases are based in the appeal that Parliament has been reluctant to implement constitutional entitlements first and second to articles 47 and 59 of the Civil Code related to legal personality and they consider Parliament a personal It is morally permissible for the judiciary to dissolve it in the event of reluctance to perform its duties as stated in Article 59 of the Civil Code. ".

He stressed, "In the end, the final say remains if the cases are submitted to the Federal Court, as it is financially and administratively independent in accordance with Articles 92, 93 and 94 of the Constitution, and it is the one that decides to dissolve Parliament or not."

On the other hand, the legal expert says:[url=https://www.alsumaria.tv/Entity/3103770415/%D9%81%D9%88%D8%B2%D9%8A %D9%83%D8%A7%D8%B1%D9%83%D8%A7%D9%86/ar/]Fawzi Karkan[/url], if solving[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]It is a specialty[url=https://www.alsumaria.tv/Entity/3172251679/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%AF%D8%B3%D8%AA%D9%88%D8%B1%D9%8A%D8%A9/ar/]Constitutional Court[/url]And the Court of First Instance does not have jurisdiction over the so-called minor cases.
Karkan adds: “It is possible to resort to the beginning to challenge the legality of it[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]Because he has violated the constitution and the constitutional terms and did not respect them, how can he be asked to dissolve himself in accordance with the constitution?

 
And he continued, "Article 94 of the constitution allows for the possibility of challenging the legitimacy of the council, with the presence of a legal opinion mentioned by the head of the Supreme Judicial Council, Judge Faiq Zaidan, where it is possible to resort to a joint request from the heads of the government and the republic and under the supervision of the judicial authority to dissolve Parliament, as a possible solution."
 
The legal expert confirmed that "the Federal Court will reject any lawsuit demanding the dissolution of the Council because it is not within its jurisdiction according to the Constitution."

* Sticking to the coordinating
framework, and issued the coordinating framework, yesterday, Wednesday, on the need to expedite the resolution of the presidential candidate and the formation of a service government, while calling on the political forces to work together to preserve the democratic gains.

 
The framework was mentioned in a statement received by[url=https://www.alsumaria.tv/Entity/133473/%D8%A7%D9%84%D8%B3%D9%88%D9%85%D8%B1%D9%8A%D8%A9 %D9%86%D9%8A%D9%88%D8%B2/ar/]Alsumaria news[/url]He "held his meeting, and during the meeting a number of political issues were discussed, foremost of which is the course of the ongoing dialogues with the rest of the national forces in order to expedite the completion of the constitutional entitlements, and to speed up the resolution of the presidential candidate and the formation of a service government that addresses the service and security problems that the citizen suffers from."
 
The meeting renewed, according to the statement, "their position on the necessity of respecting institutions, foremost of which is the judicial and legislative authority, rejecting all forms of encroachment upon them and not obstructing them from performing their constitutional duties."
 
The leaders of the framework called on the political forces to "work together to preserve the democratic gains and continue constructive dialogues to reach solutions to the current crisis and form a government capable of overcoming the challenges facing the country, especially in the field of energy and water scarcity, and the failure to pass the federal budget."
 
He called on the coordination, "the Iraqi masses who believe in the law, the constitution and constitutional legitimacy to stand with all legal and constitutional steps to form a government and defend the democratic path in which we all believe."

* Judiciary and dissolution of Parliament
On 04/01-2022, the President of the Supreme Judicial Council, Faiq Zaidan, issued a clarification regarding the penalty for violating the constitutional rule and dissolving Parliament.

 
Zaidan said in the article that was received by Alsumaria News, "The text 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 on dissolution procedures[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]According to Article (64/first) of it, there are two ways, the first is a self-dissolving solution[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]At the request of one-third of its members and voting with the approval of the absolute majority of its members on this request and this procedure is not expected to take place in practice, as it means that the legislative authority imposed the penalty (dissolving Parliament) on itself. As for the second way, it is represented by a request from the Prime Minister and with the approval of the President of the Republic, to be submitted to[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]The text required the approval of this request by an absolute majority of the number of members[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]And the right of dissolution according to these conditions will be difficult to implement, and thus the executive authority loses the means of influencing the legislative authority in return for owning[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]A means of withdrawing confidence from the government, which upsets the political and constitutional balance between the two authorities (we have referred to this problem in detail in the doctoral thesis submitted to the Islamic University of Beirut in the year 2020).
 
He added, "The Iraqi political reality is witnessing an explicit 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."[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]The new president and its meeting within a maximum period of thirty days from the date of the first meeting of the Council and the necessity of electing a new President of the Republic during that time, but this did not happen due to the lack of political agreement between the parties and the political forces that make up the[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]Although the Federal Supreme Court endeavored to find a way out for this constitutional violation when it permitted the President of the Republic to continue exercising his duties until the election of a new president in accordance with the decision issued on (2/13/2022) No. The vacancy of the position and the consequent politically not agreed upon procedures, but it was not sufficient to address the continuation of violating the constitution indefinitely due to the two-thirds majority requirement stipulated in Article (70/First) of the constitution regarding the quorum of a session[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]dedicated to electing the President of the Republic and not providing for the existence of a (constitutional sanction) for this violation. Therefore, we consider amending the constitutional text contained in Article (64/First) to be a solution[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]By a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of the Prime Minister’s interrogation, and thus a balance is achieved between the legislative and executive authorities, that the penalty for violating the constitutional rule is by a decision of the legislative authority in the event of its violation by the executive authority to withdraw confidence from it, and vice versa. From the executive authority (the Prime Minister and the President of the Republic jointly) in the event of a violation of the constitutional rule by[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]By dissolving the council without consent condition[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]On the procedures for dissolution and to ensure that the executive authority does not arbitrarily impose a penalty with a solution[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]Because of the importance of this procedure exclusively, it is a solution decision[url=https://www.alsumaria.tv/Entity/2433908045/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%86%D9%88%D8%A7%D8%A8/ar/]Parliament[/url]Issued by the executive authority is subject to appeal before the Federal Supreme Court.


[You must be registered and logged in to see this link.]

    Current date/time is Sun 25 Sep 2022, 9:09 am