The Federal Court says it has the right to rule to terminate the MP’s membership in the Iraqi Counci

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[size=52]The Federal Court says it has the right to rule to terminate the MP’s membership in the Iraqi Council of Representatives[/size]

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2023-11-19
The Federal Supreme Court, the highest judicial authority in Iraq, on Sunday, clarified the reasons for its decision to terminate the membership of the Speaker of the House of Representatives, Muhammad al-Halbousi, and the constitutional articles on which it was based.[/size]
[size=45]The court said in a statement, “The principles of the Federal Supreme Court in Case 9\Federal\2023 (termination of Al-Halbousi’s membership) are as follows: The president of any party forcing the candidates affiliated with him to submit resignation requests, retaining them, and using them whenever he wants violates the constitutional principles and values ​​and the provisions of the articles.” (5, 6, 14, 16, 17, 20, 39, and 50) of the Constitution, and represents a major deviation in the democratic process from its correct path that most parliaments of the world are not accustomed to, and the will of the people, represented by the Iraqi Council of Representatives, cannot be reduced to the personality of the Speaker of Parliament.” .[/size]
[size=45]She added, “The Federal Supreme Court has the right to rule to terminate the membership of a representative in the House of Representatives whose membership has ended in accordance with the law, and to disclose this in accordance with its ruling decision, if he violates his constitutional and legal obligations based on the provisions of the Constitution and the law, especially the law of the House of Representatives and its formations. At the forefront of these violations is breaking the constitutional oath and the Federal Court.” The Supreme Court has absolute discretion to assess this according to the facts, evidence and investigations conducted by it.”[/size]
[size=45]She stated that “the jurisdiction of the Federal Supreme Court to decide on the challenge to the validity of the MP’s membership and the ruling issued in this regard is based on the termination of membership and does not reveal that, unlike its jurisdiction to rule on the termination of the MP’s membership in application of the provisions of Article 12 of the House of Representatives and its Formations Law No. 13 of 2018, which is revealing of the status of membership termination that It has been proven by law that the defendant, Speaker of the House of Representatives, used resignation requests submitted by the plaintiff after distorting and changing them, which necessitates the termination of his membership.”[/size]
[size=45]The court affirmed that “the provisions of Article 52 of the Constitution cannot be relied upon when it is proven that a member of Parliament has committed constitutional and legal violations, especially breaking the oath stipulated in Article 50 of the Constitution, because his membership in the Council cannot continue, which requires a ruling terminating and dropping his membership.”[/size]
[size=45]On Tuesday, November 14, the Federal Supreme Court issued a decision to terminate the membership of the Speaker of the House of Representatives, Muhammad al-Halbousi, based on a “forgery” lawsuit filed by Representative Laith al-Dulaimi.[/size]
[size=45]Following the issuance of the court’s decision, Al-Halbousi said in his speech during the House of Representatives session, “There are those who seek to fragment the political components of society.”[/size]
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