[size=35][size=35]Alsumaria opens the file of sending money to Kurdistan with the President of the Federal Court[/size]
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2023-01-29 | 07:00
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Alsumaria News - Localities
Judge Abboud said in an interview with the agency[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]The Federal Supreme Court represents the interface of the constitutional judiciary in Iraq, externally and internally, and with regard to what was relied upon in its decision No. (170 / Federal / 22) on 1/25/2023, it relied on constitutional and legal articles, as for its reliance on a violation Decisions that were ruled invalid because Article 80 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 stipulated in accordance with what was stated in the third item thereof (that[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]He exercises the powers specified to him according to the constitution, which include issuing regulations, instructions and decisions with the aim of implementing the laws) and therefore any system, instructions or decision contrary to the law loses its constitutional legitimacy.
He added, "Based on the provisions of Article 93 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]Which stipulates that the Federal Supreme Court has jurisdiction to adjudicate cases arising from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law guarantees the right of each of[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The concerned individuals and others have the right to appeal directly to this court, and in light of that, the Federal Court considered that case in the light of the aforementioned jurisdiction.
And he continued, “Because it is mentioned in decisions[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The subject matter of the lawsuit is a violation of the provisions of Article 17 on first on b of the Federal Financial Management Law No. 6 of 2019, which stipulates that it is not permissible to use the advance account for spending on any purpose unless the necessary allocation is available in the budget that covers the mentioned spending.
He explained, "Also, these decisions are in violation of the provisions of Article 27 on Fifth of the Federal Financial Management Law, which stipulates that"[url=https://www.alsumaria.tv/Entity/3238106360/%D9%88%D8%B2%D8%A7%D8%B1%D8%A9 %D8%A7%D9%84%D9%85%D8%A7%D9%84%D9%8A%D8%A9/ar/]Ministry of Finance[/url]By deducting the sums resulting from not transferring ministries, a region, or governorates that are not organized into a region[You must be registered and logged in to see this link.]For oil and gas revenues and other annual financing, just as the Federal General Budget Law for[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 2021, according to Article 11 thereof, he determined the mechanisms by which dues are settled between the federal government and the region[You must be registered and logged in to see this link.]For the years from 2004 to 2020, and for failure to implement what was stated in Articles 17 on first on b from[url=https://www.alsumaria.tv/Entity/822061583/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D8%A5%D8%AF%D8%A7%D8%B1%D8%A9 %D8%A7%D9%84%D9%85%D8%A7%D9%84%D9%8A%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A/ar/]Federal Financial Management Act[/url]No. 6 of 2016 and Article 27 on Fifth of the same law, ie[url=https://www.alsumaria.tv/Entity/822061583/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D8%A5%D8%AF%D8%A7%D8%B1%D8%A9 %D8%A7%D9%84%D9%85%D8%A7%D9%84%D9%8A%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A/ar/]Federal Financial Management Act[/url]And for not implementing what was stated in Article 11 of the Federal General Budget Law for[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 fiscal year 2021, this court reached the conclusion that the decisions issued by[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The subject matter of the lawsuit that was ruled to be invalid is a violation of these articles, and therefore these decisions become, as a result, a violation of the constitution, given that[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]In accordance with Article 80, he is charged with issuing regulations, instructions and decisions with the aim of implementing laws and not with the aim of violating laws.
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The President of the Federal Supreme Court indicated that, "Based on the provisions of Article 94 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, the decisions of the Federal Court are final and binding on all authorities
.[You must be registered and logged in to see this link.]Judge Abboud stated, “It is constitutionally known that there is no law for any action or omission by any of the authorities if it is a constitutional violation, and this constitutional violation is considered a violation of the highest legal rule in Iraq and 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, therefore, this court issues its decisions, and the competent executive authorities must abide by the implementation of its decision in accordance with what was stated in Article 94 of the Constitution. province[You must be registered and logged in to see this link.]By returning what they owe, will the Federal Court intervene again, between the President of the Federal Supreme Court, that “the court exercises its knowledge in the light of the case that is brought before it and gives its opinion on the decision issued as a result of the case, and it is not within the jurisdiction of this court to give an opinion without the existence of a case pending before it.”
Judge Abboud concluded the interview by saying, "This decision is binding on all authorities, and all authorities, according to the constitution, must abide by its implementation and abide by its provisions. Therefore, failure to implement the decision means non-application of Article 94 of the constitution, and we are facing a constitutional violation."
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2023-01-29 | 07:00
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Alsumaria News - Localities
The President of the Federal Supreme Court, Judge Jassim Muhammad Abboud, confirmed today, Sunday, that the Council of Ministers violated the law by sending money to the Kurdistan region, while indicating that the court's decisions are final and binding on all authorities.
Judge Abboud said in an interview with the agency[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]The Federal Supreme Court represents the interface of the constitutional judiciary in Iraq, externally and internally, and with regard to what was relied upon in its decision No. (170 / Federal / 22) on 1/25/2023, it relied on constitutional and legal articles, as for its reliance on a violation Decisions that were ruled invalid because Article 80 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 stipulated in accordance with what was stated in the third item thereof (that[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]He exercises the powers specified to him according to the constitution, which include issuing regulations, instructions and decisions with the aim of implementing the laws) and therefore any system, instructions or decision contrary to the law loses its constitutional legitimacy.
He added, "Based on the provisions of Article 93 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]Which stipulates that the Federal Supreme Court has jurisdiction to adjudicate cases arising from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law guarantees the right of each of[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The concerned individuals and others have the right to appeal directly to this court, and in light of that, the Federal Court considered that case in the light of the aforementioned jurisdiction.
And he continued, “Because it is mentioned in decisions[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The subject matter of the lawsuit is a violation of the provisions of Article 17 on first on b of the Federal Financial Management Law No. 6 of 2019, which stipulates that it is not permissible to use the advance account for spending on any purpose unless the necessary allocation is available in the budget that covers the mentioned spending.
He explained, "Also, these decisions are in violation of the provisions of Article 27 on Fifth of the Federal Financial Management Law, which stipulates that"[url=https://www.alsumaria.tv/Entity/3238106360/%D9%88%D8%B2%D8%A7%D8%B1%D8%A9 %D8%A7%D9%84%D9%85%D8%A7%D9%84%D9%8A%D8%A9/ar/]Ministry of Finance[/url]By deducting the sums resulting from not transferring ministries, a region, or governorates that are not organized into a region[You must be registered and logged in to see this link.]For oil and gas revenues and other annual financing, just as the Federal General Budget Law for[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 2021, according to Article 11 thereof, he determined the mechanisms by which dues are settled between the federal government and the region[You must be registered and logged in to see this link.]For the years from 2004 to 2020, and for failure to implement what was stated in Articles 17 on first on b from[url=https://www.alsumaria.tv/Entity/822061583/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D8%A5%D8%AF%D8%A7%D8%B1%D8%A9 %D8%A7%D9%84%D9%85%D8%A7%D9%84%D9%8A%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A/ar/]Federal Financial Management Act[/url]No. 6 of 2016 and Article 27 on Fifth of the same law, ie[url=https://www.alsumaria.tv/Entity/822061583/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D8%A5%D8%AF%D8%A7%D8%B1%D8%A9 %D8%A7%D9%84%D9%85%D8%A7%D9%84%D9%8A%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A/ar/]Federal Financial Management Act[/url]And for not implementing what was stated in Article 11 of the Federal General Budget Law for[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 fiscal year 2021, this court reached the conclusion that the decisions issued by[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]The subject matter of the lawsuit that was ruled to be invalid is a violation of these articles, and therefore these decisions become, as a result, a violation of the constitution, given that[url=https://www.alsumaria.tv/Entity/1122135457/%D9%85%D8%AC%D9%84%D8%B3 %D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1/ar/]Council of Ministers[/url]In accordance with Article 80, he is charged with issuing regulations, instructions and decisions with the aim of implementing laws and not with the aim of violating laws.
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[ltr]06:26 | 2023-01-17[/ltr][/rtl]
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The President of the Federal Supreme Court indicated that, "Based on the provisions of Article 94 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, the decisions of the Federal Court are final and binding on all authorities
.[You must be registered and logged in to see this link.]Judge Abboud stated, “It is constitutionally known that there is no law for any action or omission by any of the authorities if it is a constitutional violation, and this constitutional violation is considered a violation of the highest legal rule in Iraq and 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, therefore, this court issues its decisions, and the competent executive authorities must abide by the implementation of its decision in accordance with what was stated in Article 94 of the Constitution. province[You must be registered and logged in to see this link.]By returning what they owe, will the Federal Court intervene again, between the President of the Federal Supreme Court, that “the court exercises its knowledge in the light of the case that is brought before it and gives its opinion on the decision issued as a result of the case, and it is not within the jurisdiction of this court to give an opinion without the existence of a case pending before it.”
Judge Abboud concluded the interview by saying, "This decision is binding on all authorities, and all authorities, according to the constitution, must abide by its implementation and abide by its provisions. Therefore, failure to implement the decision means non-application of Article 94 of the constitution, and we are facing a constitutional violation."
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