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Details of the ruling that the instructions for conducting daily business in the Al-Kadhimi government are invalid
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Baghdad today - Baghdad
Today, Wednesday (December 6, 2023), the Federal Supreme Court announced the details of the ruling that instructions issued during the caretaker government were invalid.
The judicial media stated in a statement received by “Baghdad Today” that “the court decided to rule that Instructions No. (2) of 2022 issued by the defendant, the Prime Minister, in addition to his position published in the Iraqi newspaper Al-Waqe’i, issue (4694) on 10/17/, were invalid. 2022, as it was issued during the caretaker period of the previous government, which was headed by Prime Minister Mustafa Al-Kadhimi, as a final ruling that is binding on all authorities.
She added, "The decision included the following principles:
1- Principle: (The Federal Supreme Court finds that the instructions being challenged are invalid ((Instructions for the formations of departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022)) would amend the structure of the General Secretariat of the Council of Ministers." Contrary to the powers of the Prime Minister during the caretaker period, which means that it violated the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution, which requires ruling that it is invalid.)
2- Principle: (The Federal Supreme Court finds that The instructions being challenged as invalid ((Instructions for the formations of departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022)) were issued based on the provisions of Article (32) of the internal regulations of the Council of Ministers No. (2) of 2019, and the application of the aforementioned text requires that The government shall be represented by the Council of Ministers and the Prime Minister with full powers, not a government that takes care of daily affairs.)
3- Principle: (The Federal Supreme Court finds that the instructions being challenged are invalid ((Instructions for the formations of departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022), which would Changing the structure of the General Secretariat in the Council of Ministers during the period of the caretaker government, placing large financial burdens on the next government, causing sluggishness in the administrative apparatus and interference between the powers and competencies of the various administrative bodies, which reflects negatively on the work of the new executive authority represented by the Council of Ministers and the Prime Minister-designate after the end of the term. Managing daily affairs.
4- Principle: (The Federal Supreme Court finds that ((Instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022) are tainted by incorrectness because they were issued by the Prime Minister during the period of managing daily affairs on 10/17/2022 - after the dissolution of the House of Representatives) Based on House of Representatives Resolution No. (32) of 2021 No. (1/9/D.R./S.3/32) on 3/31/2021 and before the formation of the new government, as the new government was voted on by the new House of Representatives. In its session No. (7) on (10/27/2022))
5- Principle: (The Federal Supreme Court finds that ((Instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022) were issued by a party that the Constitution does not give authority to Issuing it, and its issuance is considered an infringement on the jurisdiction of the new executive authority represented by the Council of Ministers and the new Prime Minister, based on the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution, and in accordance with Article (32) of the internal regulations of the Council of Ministers No. 2) of 2019, which means that the instructions under challenge violate the provisions of the two aforementioned constitutional articles, which requires ruling that they are invalid, with a view to adopting previous instructions No. (4) of 2017).
6- Principle: (The Federal Supreme Court finds that the instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022 issued by the defendant, the Prime Minister / in addition to his position published in the Iraqi Gazette, Issue (4694) on 10/17/2022, It was issued during the daily business period of the previous government after the dissolution of the Iraqi Council of Representatives on 10/7/2021, and in violation of the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution of the Republic of Iraq for the year 2005 and within the meaning of Article (32) of The internal regulations of the Council of Ministers No. (2) of 2019, which requires a ruling to be invalid, and this was decided in accordance with the ruling issued by it No. (235/Federal/2023) on 11/19/2023).
She added, "The decision included the following principles:
1- Principle: (The Federal Supreme Court finds that the instructions being challenged are invalid ((Instructions for the formations of departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022)) would amend the structure of the General Secretariat of the Council of Ministers." Contrary to the powers of the Prime Minister during the caretaker period, which means that it violated the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution, which requires ruling that it is invalid.)
2- Principle: (The Federal Supreme Court finds that The instructions being challenged as invalid ((Instructions for the formations of departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022)) were issued based on the provisions of Article (32) of the internal regulations of the Council of Ministers No. (2) of 2019, and the application of the aforementioned text requires that The government shall be represented by the Council of Ministers and the Prime Minister with full powers, not a government that takes care of daily affairs.)
3- Principle: (The Federal Supreme Court finds that the instructions being challenged are invalid ((Instructions for the formations of departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022), which would Changing the structure of the General Secretariat in the Council of Ministers during the period of the caretaker government, placing large financial burdens on the next government, causing sluggishness in the administrative apparatus and interference between the powers and competencies of the various administrative bodies, which reflects negatively on the work of the new executive authority represented by the Council of Ministers and the Prime Minister-designate after the end of the term. Managing daily affairs.
4- Principle: (The Federal Supreme Court finds that ((Instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022) are tainted by incorrectness because they were issued by the Prime Minister during the period of managing daily affairs on 10/17/2022 - after the dissolution of the House of Representatives) Based on House of Representatives Resolution No. (32) of 2021 No. (1/9/D.R./S.3/32) on 3/31/2021 and before the formation of the new government, as the new government was voted on by the new House of Representatives. In its session No. (7) on (10/27/2022))
5- Principle: (The Federal Supreme Court finds that ((Instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022) were issued by a party that the Constitution does not give authority to Issuing it, and its issuance is considered an infringement on the jurisdiction of the new executive authority represented by the Council of Ministers and the new Prime Minister, based on the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution, and in accordance with Article (32) of the internal regulations of the Council of Ministers No. 2) of 2019, which means that the instructions under challenge violate the provisions of the two aforementioned constitutional articles, which requires ruling that they are invalid, with a view to adopting previous instructions No. (4) of 2017).
6- Principle: (The Federal Supreme Court finds that the instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022 issued by the defendant, the Prime Minister / in addition to his position published in the Iraqi Gazette, Issue (4694) on 10/17/2022, It was issued during the daily business period of the previous government after the dissolution of the Iraqi Council of Representatives on 10/7/2021, and in violation of the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution of the Republic of Iraq for the year 2005 and within the meaning of Article (32) of The internal regulations of the Council of Ministers No. (2) of 2019, which requires a ruling to be invalid, and this was decided in accordance with the ruling issued by it No. (235/Federal/2023) on 11/19/2023).
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