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[size=36]The Federal Court resolved 22 constitutional cases during the past month[/size]
political| 01:40 - 09/29/2022
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Baghdad - Mawazine News
The Federal Supreme Court announced, on Thursday, the settlement of 22 constitutional cases and requests for the month of August.
A statement by the Supreme Judicial Council stated, "The Federal Supreme Court considered several cases last month, including the claim of the plaintiff, the head of the Iraqi Academics Syndicate, which it rejected due to the lack of interest in its establishment. The case included a request to challenge the constitutionality of Parliamentary Resolution No. (28/2021) issued on January 31 /2021 and canceling it from the date of its issuance and all the ensuing effects, and the decision was issued by agreement based on Articles (93 and 94) of the Constitution of the Republic of Iraq for the year 2005.”
He pointed out that "the court considered the case No. (144/Federal/2022) regarding the request to amend the decision issued by the second defendant No. (130) on 4/6/2021 in a manner that guarantees the equality of contractors and employees who perform equal functions in financial rights and determining them in accordance with the law The civil service and obligating it to pay the daily wage earners a wage of no less than (350,000) dinars per month if they complete the working hours specified by the Labor Law, and to give them marital, child and transport allowances similar to the workers registered on the owners of its institutions. The provisions of Articles (4 and 80/1) of the Civil Procedures Law No. (83) of 1969, as amended.
He explained, "The court rejected the case No. (149/Federal/2022) for the absence of a constitutional violation, which included the request for a ruling to nullify the dissolved Revolutionary Command Council Resolution No. (1559) for the year 1978 (under which Law 189 of 1978 was issued, the Law of Dissolving the Health Professions Syndicate), and what was built And he requested the reinstatement of his usurped rights arising from the invalidity of Law No. (189) of 1978, and the re-enforcement of the Health Professions Syndicate Law No. 153 of 1969.
And he indicated, "The court also rejected the plaintiff's lawsuit No. (92/Federal/2022) regarding the request for a ruling to cancel the National Safety Law No. (4) of 1965."
And he continued, "The court issued a decision dismissing the case numbered (107/Federal/2022), which included the request for a ruling to cancel the decision of the Council of Ministers taken in the Council's session held on 4/5/2022, which included (authorizing the Minister of Oil / the second defendant to sign with the coalition of Chinese companies) CITIC awarded a major strategic project, the Basra-Aqaba oil pipeline project, with a bail of 9 billion US dollars in order to export Iraqi oil through Jordan.
He pointed out that "the court rejected the case numbered (126/Federal/2022), the subject of which is a request for a ruling to oblige the defendant, in addition to his job, to disengage and transfer the departments of the Ministry of Labor and Social Affairs (the Department of Welfare of People with Disabilities and Special Needs with the Special Needs Authority to become the Authority for People with Disabilities and Needs). (Private Department) and (Vocational Training Department with Employment and Loans Department to become Department of Labor and Vocational Training) and (Social Protection Authority with Women’s Social Protection Department with Men’s Protection Department to become Social Protection Authority) based on Article (4) of Social Protection Law No. (11) for the year 2014".
He emphasized that "The court issued a decision dismissing the case and publicly understanding it in the case numbered (159/Federal/2022) regarding the request for ruling the unconstitutionality of Law No. (46) of 2013 published in the Iraqi Gazette, No. (4297) containing the cancellation of the decisions of the dissolved Revolutionary Command Council numbered (1021 on 13/ 9/1983), (197 on November 10, 1994), and (145 on 06/18/2001), according to which the judge and retired member of the Public Prosecution were allowed to belong to the Bar Association and plead before the judiciary as a lawyer, and since this law is in violation of the provisions of Articles (19). First, Third, Fourth, Sixth and 98/First) of the Iraqi Constitution, as the legislator and the Supreme Judicial Council worked to ensure that the judge had privacy and distinction in choosing his personality and ensuring his financial sufficiency, and his dealings were restricted by imposing duties on him to abide by, including what was stipulated in the provisions of Article (7/ First, Second and Third) of the Judicial Organization Law No. (160) for the year 1979 in force, to ensure the preservation of the high esteem of the judiciary and fortify it from every impurity that could question it.with its independence and the independence of its members.” Ended 29/N33
The Federal Supreme Court announced, on Thursday, the settlement of 22 constitutional cases and requests for the month of August.
A statement by the Supreme Judicial Council stated, "The Federal Supreme Court considered several cases last month, including the claim of the plaintiff, the head of the Iraqi Academics Syndicate, which it rejected due to the lack of interest in its establishment. The case included a request to challenge the constitutionality of Parliamentary Resolution No. (28/2021) issued on January 31 /2021 and canceling it from the date of its issuance and all the ensuing effects, and the decision was issued by agreement based on Articles (93 and 94) of the Constitution of the Republic of Iraq for the year 2005.”
He pointed out that "the court considered the case No. (144/Federal/2022) regarding the request to amend the decision issued by the second defendant No. (130) on 4/6/2021 in a manner that guarantees the equality of contractors and employees who perform equal functions in financial rights and determining them in accordance with the law The civil service and obligating it to pay the daily wage earners a wage of no less than (350,000) dinars per month if they complete the working hours specified by the Labor Law, and to give them marital, child and transport allowances similar to the workers registered on the owners of its institutions. The provisions of Articles (4 and 80/1) of the Civil Procedures Law No. (83) of 1969, as amended.
He explained, "The court rejected the case No. (149/Federal/2022) for the absence of a constitutional violation, which included the request for a ruling to nullify the dissolved Revolutionary Command Council Resolution No. (1559) for the year 1978 (under which Law 189 of 1978 was issued, the Law of Dissolving the Health Professions Syndicate), and what was built And he requested the reinstatement of his usurped rights arising from the invalidity of Law No. (189) of 1978, and the re-enforcement of the Health Professions Syndicate Law No. 153 of 1969.
And he indicated, "The court also rejected the plaintiff's lawsuit No. (92/Federal/2022) regarding the request for a ruling to cancel the National Safety Law No. (4) of 1965."
And he continued, "The court issued a decision dismissing the case numbered (107/Federal/2022), which included the request for a ruling to cancel the decision of the Council of Ministers taken in the Council's session held on 4/5/2022, which included (authorizing the Minister of Oil / the second defendant to sign with the coalition of Chinese companies) CITIC awarded a major strategic project, the Basra-Aqaba oil pipeline project, with a bail of 9 billion US dollars in order to export Iraqi oil through Jordan.
He pointed out that "the court rejected the case numbered (126/Federal/2022), the subject of which is a request for a ruling to oblige the defendant, in addition to his job, to disengage and transfer the departments of the Ministry of Labor and Social Affairs (the Department of Welfare of People with Disabilities and Special Needs with the Special Needs Authority to become the Authority for People with Disabilities and Needs). (Private Department) and (Vocational Training Department with Employment and Loans Department to become Department of Labor and Vocational Training) and (Social Protection Authority with Women’s Social Protection Department with Men’s Protection Department to become Social Protection Authority) based on Article (4) of Social Protection Law No. (11) for the year 2014".
He emphasized that "The court issued a decision dismissing the case and publicly understanding it in the case numbered (159/Federal/2022) regarding the request for ruling the unconstitutionality of Law No. (46) of 2013 published in the Iraqi Gazette, No. (4297) containing the cancellation of the decisions of the dissolved Revolutionary Command Council numbered (1021 on 13/ 9/1983), (197 on November 10, 1994), and (145 on 06/18/2001), according to which the judge and retired member of the Public Prosecution were allowed to belong to the Bar Association and plead before the judiciary as a lawyer, and since this law is in violation of the provisions of Articles (19). First, Third, Fourth, Sixth and 98/First) of the Iraqi Constitution, as the legislator and the Supreme Judicial Council worked to ensure that the judge had privacy and distinction in choosing his personality and ensuring his financial sufficiency, and his dealings were restricted by imposing duties on him to abide by, including what was stipulated in the provisions of Article (7/ First, Second and Third) of the Judicial Organization Law No. (160) for the year 1979 in force, to ensure the preservation of the high esteem of the judiciary and fortify it from every impurity that could question it.with its independence and the independence of its members.” Ended 29/N33
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