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[size=36]President of the Federal Court: The decisions to cancel the appointments of higher ranks in the caretaker government are correct[/size]
political| 12:12 - 01/01/2023
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Baghdad - Mawazine News
, the President of the Federal Supreme Court, Judge Jassim Muhammad Abboud, affirmed the obligation of the President of the Republic to ratify the law regulating the work of advisors, and while stressing the independence of the Electoral Commission and making amendments, he described the decisions of the first cabinet session of the new government regarding the cancellation of appointments for higher ranks in the caretaker government Doing the right thing.
Judge Abboud said, “Article 73 Third of the Constitution stipulates that the President of the Republic shall assume the following powers: He ratifies and issues the laws enacted by the House of Representatives, and they are considered ratified after fifteen days have passed from the date of their receipt, and this is among the powers of the President of the Republic to ratify and issue laws.” enacted by the House of Representatives,” stressing that “the law regulating the work of advisors was voted on in Parliament Session No. 35 on May 15, 2017, and Article 7 stipulates that this law shall be implemented from the date of its publication in the Official Gazette.”
And he stressed, “The publication of the law in the Official Gazette is obligatory for the purpose of its implementation, while not publishing it and not ratifying it by the President of the Republic is considered a violation of the provisions of the Constitution of the Republic of Iraq according to what was done in Article 73 / Third,” explaining that “the court decided to oblige the President of the Republic to ratify and issue it.” and publish it in the Official Gazette.
Regarding the opinion of dissolving the Electoral Commission and finding an alternative to it, the President of the Federal Supreme Court said, "The High Electoral Commission is subject to the oversight of the House of Representatives," noting that "Article 102 of the Constitution of the Republic of Iraq stipulates that the High Commission for Human Rights, the High Commission for Elections and the Integrity Commission are independent Independent bodies are subject to the oversight of the House of Representatives and their work is regulated by law.
And he continued, “The subjection of the Independent High Electoral Commission to the oversight of the House of Representatives does not mean interference in its work, and this was stated in Federal Supreme Court Decision No. 156 and its 160 Federal Units 22 on 9/26/2022. It does not mean interference in its work, as the members of the commission, each according to their competence, are independent in performing their tasks stipulated in the law, and there is no authority over them in their work other than the law, as the right to vote, vote, and run for office under the constitution is the basis for building democracy and the rule of law in Iraq.
He went on to say, "One of the most important ways to achieve this is to create an independent body for the purpose of managing the electoral process and non-interference in it, whether by state authorities or by political parties and blocs," stressing that "the reference of the Independent High Electoral Commission to political parties loses its independence and its main role in creating The right ways to conduct free and fair elections that guarantee the participation of all and guarantee giving all rights to the Iraqi people, including the right to vote, vote and run for office.
On financial and administrative corruption in the country, Judge Abboud indicated that "corruption in Iraq is of two types: large and small," noting that "small corruption is what is committed by junior employees, and this leads to the loss of confidence of the Iraqi citizen in the public office, so now most citizens Iraqis have lost their confidence in the public office, although sometimes there are a large number of employees who enjoy high integrity, but this culture is currently prevalent in Iraqi society and is based on foundations that led to the spread of this culture.
He continued: "For example, when the Iraqi citizen goes to any of the state's departments, he is exposed to the issue of extortion in order for his transaction to be completed. This corruption led to the citizen's loss of confidence in the public office, while the administrative system in Iraq was one of the most prominent administrative systems in the Middle East." Pointing out that "great corruption is committed by senior officials or by some political parties. This corruption is what impedes state building."
Judge Abboud added, in an interview with the official news agency, which was followed by Mawazine News, that "the failure to find a real national strategy and intention to fight corruption is the reason for not putting an end to this corruption, and therefore when there is a real political intention to end corruption, it will end, and when we do not find this real intention This corruption will not end."
Regarding the cancellation of the decisions of caretaker governments, he said, "The Supreme Court issued its decision No. 120 Federal 22 on 5/15/2022 on the issue of interpreting daily matters, and it proceeded in that in its decision from Article 42 on the first of the internal system of the Council of Ministers No. 2 of 2019 Which stipulated that the Council of Ministers continue to run the daily affairs of the state until the formation of the new government in the following cases: a / the end of the electoral cycle for the House of Representatives, b /, the withdrawal of confidence from the Council of Ministers or its president, c / the dissolution of the House of Representatives.
And he continued, “As stated in the second paragraph of the same Article 42, the conduct of business means the conduct of daily affairs, i.e. taking decisions and procedures that cannot be postponed that would continue the work of state institutions and public utilities regularly, and does not include among them such as proposing draft laws, contracting loans, or appointing to senior positions. In the state and exemption from it or the restructuring of ministries and departments,” indicating that “the Federal Supreme Court has reached the following interpretation: (The government of managing daily affairs means the government transformed from a normal government with full powers to a government with limited powers, and this is achieved in two cases, the first is by withdrawing confidence from the Speaker of the Council Ministers until the formation of a new cabinet based on the provisions of Article 61 / second on (a - b - c - d -) and the second when the parliament is dissolved in accordance with what was stated in Article four (64 / first of the constitution).
And he went on to say, "In both cases, the Council of Ministers is considered resigned and continues to conduct daily matters, including taking decisions and procedures that would continue the regular functioning of public utilities and perpetuate the continuity of providing services to the people, and does not include decisions that involve political reasons and motives that have a great impact on the future." Iraq is political, economic and social. It does not also include proposing draft laws, contracting loans, appointing and exempting senior positions in the state, or restructuring ministries and departments.
The President of the Federal Supreme Court added, "The decisions of the first cabinet session of the new government regarding canceling appointments for higher ranks in the caretaker government was a right decision." Ended 29/N33
, the President of the Federal Supreme Court, Judge Jassim Muhammad Abboud, affirmed the obligation of the President of the Republic to ratify the law regulating the work of advisors, and while stressing the independence of the Electoral Commission and making amendments, he described the decisions of the first cabinet session of the new government regarding the cancellation of appointments for higher ranks in the caretaker government Doing the right thing.
Judge Abboud said, “Article 73 Third of the Constitution stipulates that the President of the Republic shall assume the following powers: He ratifies and issues the laws enacted by the House of Representatives, and they are considered ratified after fifteen days have passed from the date of their receipt, and this is among the powers of the President of the Republic to ratify and issue laws.” enacted by the House of Representatives,” stressing that “the law regulating the work of advisors was voted on in Parliament Session No. 35 on May 15, 2017, and Article 7 stipulates that this law shall be implemented from the date of its publication in the Official Gazette.”
And he stressed, “The publication of the law in the Official Gazette is obligatory for the purpose of its implementation, while not publishing it and not ratifying it by the President of the Republic is considered a violation of the provisions of the Constitution of the Republic of Iraq according to what was done in Article 73 / Third,” explaining that “the court decided to oblige the President of the Republic to ratify and issue it.” and publish it in the Official Gazette.
Regarding the opinion of dissolving the Electoral Commission and finding an alternative to it, the President of the Federal Supreme Court said, "The High Electoral Commission is subject to the oversight of the House of Representatives," noting that "Article 102 of the Constitution of the Republic of Iraq stipulates that the High Commission for Human Rights, the High Commission for Elections and the Integrity Commission are independent Independent bodies are subject to the oversight of the House of Representatives and their work is regulated by law.
And he continued, “The subjection of the Independent High Electoral Commission to the oversight of the House of Representatives does not mean interference in its work, and this was stated in Federal Supreme Court Decision No. 156 and its 160 Federal Units 22 on 9/26/2022. It does not mean interference in its work, as the members of the commission, each according to their competence, are independent in performing their tasks stipulated in the law, and there is no authority over them in their work other than the law, as the right to vote, vote, and run for office under the constitution is the basis for building democracy and the rule of law in Iraq.
He went on to say, "One of the most important ways to achieve this is to create an independent body for the purpose of managing the electoral process and non-interference in it, whether by state authorities or by political parties and blocs," stressing that "the reference of the Independent High Electoral Commission to political parties loses its independence and its main role in creating The right ways to conduct free and fair elections that guarantee the participation of all and guarantee giving all rights to the Iraqi people, including the right to vote, vote and run for office.
On financial and administrative corruption in the country, Judge Abboud indicated that "corruption in Iraq is of two types: large and small," noting that "small corruption is what is committed by junior employees, and this leads to the loss of confidence of the Iraqi citizen in the public office, so now most citizens Iraqis have lost their confidence in the public office, although sometimes there are a large number of employees who enjoy high integrity, but this culture is currently prevalent in Iraqi society and is based on foundations that led to the spread of this culture.
He continued: "For example, when the Iraqi citizen goes to any of the state's departments, he is exposed to the issue of extortion in order for his transaction to be completed. This corruption led to the citizen's loss of confidence in the public office, while the administrative system in Iraq was one of the most prominent administrative systems in the Middle East." Pointing out that "great corruption is committed by senior officials or by some political parties. This corruption is what impedes state building."
Judge Abboud added, in an interview with the official news agency, which was followed by Mawazine News, that "the failure to find a real national strategy and intention to fight corruption is the reason for not putting an end to this corruption, and therefore when there is a real political intention to end corruption, it will end, and when we do not find this real intention This corruption will not end."
Regarding the cancellation of the decisions of caretaker governments, he said, "The Supreme Court issued its decision No. 120 Federal 22 on 5/15/2022 on the issue of interpreting daily matters, and it proceeded in that in its decision from Article 42 on the first of the internal system of the Council of Ministers No. 2 of 2019 Which stipulated that the Council of Ministers continue to run the daily affairs of the state until the formation of the new government in the following cases: a / the end of the electoral cycle for the House of Representatives, b /, the withdrawal of confidence from the Council of Ministers or its president, c / the dissolution of the House of Representatives.
And he continued, “As stated in the second paragraph of the same Article 42, the conduct of business means the conduct of daily affairs, i.e. taking decisions and procedures that cannot be postponed that would continue the work of state institutions and public utilities regularly, and does not include among them such as proposing draft laws, contracting loans, or appointing to senior positions. In the state and exemption from it or the restructuring of ministries and departments,” indicating that “the Federal Supreme Court has reached the following interpretation: (The government of managing daily affairs means the government transformed from a normal government with full powers to a government with limited powers, and this is achieved in two cases, the first is by withdrawing confidence from the Speaker of the Council Ministers until the formation of a new cabinet based on the provisions of Article 61 / second on (a - b - c - d -) and the second when the parliament is dissolved in accordance with what was stated in Article four (64 / first of the constitution).
And he went on to say, "In both cases, the Council of Ministers is considered resigned and continues to conduct daily matters, including taking decisions and procedures that would continue the regular functioning of public utilities and perpetuate the continuity of providing services to the people, and does not include decisions that involve political reasons and motives that have a great impact on the future." Iraq is political, economic and social. It does not also include proposing draft laws, contracting loans, appointing and exempting senior positions in the state, or restructuring ministries and departments.
The President of the Federal Supreme Court added, "The decisions of the first cabinet session of the new government regarding canceling appointments for higher ranks in the caretaker government was a right decision." Ended 29/N33
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