12:15 - 2022-09-27
The President of the Federal Supreme Court, Jassim Muhammad Abboud, affirmed that the Iraqi constitution is the product of the will of the people and expresses their interest.
Abboud said in an interview with the official agency, "All federal authorities must work according to the constitution in order to put the people's interest in their calculations when doing any work, indicating that the Federal Court, according to Article 93 of the Constitution, exercises its jurisdiction, starting with the oversight of the constitutionality of laws and the interpretation of texts, in addition to the aforementioned competencies.
He added that "the purpose of the Federal Court is to preserve the constitution and prevent abuse of powers," stressing that "no proposals were submitted by us related to granting the Federal Court broader powers."
He added that "the problem that Iraq is going through is not in the constitution nor in the competencies of the Federal Court, but rather the problem in applying the constitution and mishandling it," noting that "the dissolution of the Federal Court or the replacement of its members or how to refer members to retirement is done through the constitution, and that the Federal Court is a body The judiciary is financially and administratively independent and exercises its powers in accordance with what is stated in the constitution.
He explained that "the Federal Court is the watchdog over all authorities so that they do not go beyond the constitution and it is not within its jurisdiction to dissolve parliament, and that the constitution charts the ways and the parties that have the right to dissolve it."
He pointed out that "the issue of the return of the resigned deputy, the President of the Federal Court cannot give his opinion in this regard, because it becomes a subject of discussion among all members of the court, and therefore it must be examined in a constitutional light," noting that "there are several lawsuits filed regarding the resignation of the Sadrist bloc's deputies, some of which were rejected. Because the method of establishing it is incorrect, while other lawsuits are still being filed, and they will be considered in their time.”
He stressed that "the lawsuit filed to challenge the resignation of the Sadrist bloc's deputies was not filed by the stakeholders (the Sadrist movement), but was filed by parties that have no legal relationship with this issue," noting that each lawsuit has its own circumstances, but the interest of the Iraqi people is above all.
He added, "The Federal Supreme Court has ruled that a section of the election law is unconstitutional, and Parliament must legislate legal articles within the law to replace these articles, and no elections can be held unless the election law is completely completed, including the articles that were canceled."
And he indicated that “the election of the president of the republic according to what was stated in Article 70 is clear and cannot be bypassed, and that the court applies the constitution according to the supreme interest of the people,” noting: “In constitutional jurisprudence there is the issue of reversal, and this is possible for constitutional courts to change some of their opinions regarding legal principles, It is not about judgments issued by the Federal Court.
He noted that "if the Federal Court considers that it is in the people's interest to abandon its views, it will change its consideration in a manner that does not violate the constitution."
He continued, "The deputy does not represent himself, but rather represents all the people, and Parliament must work for the people's interest, especially the legislation of the budget law," noting that "the failure to complete the federal authorities, including the executive authority, was not completed due to the failure to elect the President of the Republic, and that the constitution created the authorities for the benefit of the people and not for their interest." ".
He pointed out that "members of Parliament are not only their tasks to stay in Parliament, but rather they have to work for the interest of Iraq," noting that the current government is a caretaker government and cannot send the budget law, and the legislative authority must overcome differences and work for the people. Noting that "the Federal Court was not presented to it regarding the budget law in the caretaker government."
However, he added: "The budget law can only be sent to Parliament by a permanent government," noting that Iraq now suffers from two big things, the first of which are political differences, and the second is corruption, not Iraq's problem in the constitution
. Political differences,” noting that “corruption hinders the building of the state, and it is now of two types: corruption of great importance, and the other of less importance, and that the Iraqi citizen has lost his confidence in the public function, for public money is sanctity and must be protected.”
He explained that “the oversight bodies represented by the Financial Supervision Bureau The Integrity Commission has not yet put an end to corruption in Iraq, and the state cannot be built as long as there is an absence of social justice, and there is no real intention to end corruption.
He explained that "the caretaker government as a whole by virtue of the resignation, and it is not entitled to dismiss ministers or appoint higher ranks, and there is a lawsuit filed regarding the resignation of Finance Minister Ali Allawi, and a date has been set for it to consider it."
And he indicated that "oil and gas are the property of the people, and they must be disposed of by the people, not a specific authority, and that the Federal Court said its words regarding oil and gas in the Kurdistan region, and the implementation of this decision rests with the competent authorities according to the interest of Iraq and not to sacrifice its interest."
And he indicated that "the establishment of the National Oil Company and the assignment of Minister Ihsan Abdul-Jabbar is illegal, and the Federal Court had previously appealed to it before a previous decision of the company's law and canceled many articles, which are essential articles, and thus it is not possible to proceed with the formation of the National Oil Company by canceling these articles unless the articles of legislation are legislated. Others replace the canceled articles by the House of Representatives.
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