Independence of the judiciary in the ministerial program

Independence of the judiciary in the ministerial program

9/28/2014 0:00 


Judge Nasser Omran al-Moussawi 
Paragraph (iv) of Article (76) of the permanent Iraqi constitution on the following: (displays and Prime Minister-designate, the names of the members of his cabinet and its ministerial platform to the Council of Representatives and is considered to have won confidence, upon approval of the individual Ministers and ministerial platform absolute majority) 
The ministerial platform is the vision of the strategy of the new government in the state administration, which includes the principles and foundations adopted by the State in the development of an administrative mechanism effective launch of the system of social, economic and cultural undergo endoscopy and objective study and visualize a future in the management of state institutions to reach the goals set, and this ministerial platform does not come solo but rather an Tmazja whatever between the visions of the Interior and previous experiences and visions and global experience to be drafted in stems from the visions inside the community Mtlaqaha with Alanmuj Applied outside, and all this is done through the centers of research and strategic studies and administrative graduated outcome of the task which the program prepared by the government in the state administration and because the constitution affirms find a program called the curriculum Ministerial The government Kan administration of public policy of the state planning and execution down to the upgrading of the institutions of legal and constitutional for the state and applied to achieve its democratic system based on respect for human rights and public freedoms and justice Mausaha it. But note that the Platform for the government of Dr. Abadi he was Gelle in exchange for securities negotiated between the political blocs that have dominated the parliament and the government program adopted the same principles that marked its ministerial platform for governments that preceded it. But the strange thing is that the ministerial platform for government Abadi publication does not mention the reference in support of the independence of the judiciary and the imposition of prestige and overcome the penalties faced by the way, as stated in the Platform ministries that preceded it, although the curriculum of the Ministry of Dr. Abadi included an emphasis on the imposition of the rule of law and respect for human rights and the fight against terrorism, corruption, and all you need to effective relational between the judiciary and the executive branch, The Council of Ministers and under Article (80) shall exercise his powers following: 
First, the planning and implementation of public policy for the state and the general plans and overseeing the work of the ministries and departments not associated with the Ministry. 
Secondly, propose draft laws: 
Third: issuing regulations, instructions and decisions to implement the laws. 
Fourth: To prepare the draft budget and final accounts and development plans. 
..............) which is not far in the implementation of its terms of reference for the judicial authority with a commitment to the principle of separation of powers contained in the article (47) which means that the exercise federal authorities jurisdiction on the basis of the separation of powers, which is not a chapter at all, as some people think but it is a chapter in the terms of reference that show where such authority as having jurisdiction without the intervention of other authorities, which does not mean a lack of cooperation between the authorities in the investigation construction required to state institutions that rely on the flow of the work of the authorities and integrity, and if the ministerial statement had omitted to mention the judiciary and its independence and work to support the basis of the principle of separation of powers How do we explain what is stated in the Ministerial Statement of the Government of Dr. Ayadi In paragraph (10), which stressed the cooperation and coordination with the House of Representatives in legislation and supervision, and what applies to the House of Representatives the same applies to the judicial authority, and if there is a general reference that the government will have its relations with the various authorities have been mentioned judicial authority, the government is committed to its program of government agreement of the political blocs, which included a paper agreement, independence of the judiciary and remove him from the sectarian conflicts, political and labor to support the independence and commitment to enactment of a law of the Federal Court and the law of the Supreme Judicial Council, which is contrary to the strategy of the Judicial Council, which seeks not to issue a unified law for the judiciary, that the signals contained in the Platform of the Ministry, Dr. Abadi and Elimination emerged from the perceptions of Securities negotiating the political blocs did not come to see the methodology of objective subject for study and application, Vsdor law to the Supreme Judicial Council and the Law of the Federal Court in accordance with this perception of Aahakq not good policy for the government nor the strategy of the judiciary being simply depends traditional mechanisms to propose draft laws exuberant political pressures in producing and creating These laws, especially the laws of the judiciary and the proof is that the ministerial program included work on activating the anti-corruption mechanisms based effectively on the Integrity Commission did not generate in the minds of the authors of the curriculum, state activation code prosecutor and a prosecutor working on this legislation in conjunction with a legal Federal Court and the Council of Supreme Judicial and achieve the independence of the Trinity judiciary will investigate the productivity and effectiveness of the large to the elimination of financial and administrative corruption, that the curriculum of government to the Ministry of Dr. Abadi if it did not carry new insights into proposed laws and rely on the ladder of priorities in the important 
and constructive cooperation with the judiciary and creating channels of a link between the executive and the judiciary that will prepare laws and submit to the authority of the executive's role for Parliament in approving that there will be a representative of the executive power in the parliament supporter and defender and a catalyst in the issuance of laws, that the phase experienced by Iraq, which constitute an existential threat to the structure of the state requires the presence of authorities interconnected with each cooperating effectively and can not be to be so, but the existence of executive authority is able to meet the challenges and legislative authority supportive structure of the state legislative and regulatory framework and spend effectively in his answers constitutional and judicial oversight, which is what should be on the government to achieve Bmaaddh Abadi and support from everyone. 


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