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The Federal Court rules that the Al-Kadhimi government’s daily business instructions are invalid
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2023-12-06 01:54
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2023-12-06 01:54
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Shafaq News/ The Federal Supreme Court ruled, on Wednesday, that the instructions issued during the daily caretaker period by the previous government headed by Mustafa Al-Kadhimi were invalid.
The court stated in a statement received by Shafaq News Agency, that it considered the case No. (235/Federal/2023) challenging the validity of the instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. 2 of 2022 because they were issued during the period of conducting daily business of the previous government.
It stated that it 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, Issue No. 4694 on 10/17/2022, were invalid because they were issued during the period of conducting daily business of the previous government, which was headed by Prime Minister Mustafa Al-Kadhimi. A final ruling that is binding on all authorities.
The decision included the following principles:
1- Principle: The Federal Supreme Court finds that the challenged instructions 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 in contravention of 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 they are invalid.
2- Principle: The Federal Supreme Court finds that the instructions under challenge are 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 that the application of the aforementioned text requires that they be The government is represented by the Council of Ministers and the Prime Minister has full powers, not a government that takes care of daily affairs.
3- Principle: The Federal Supreme Court finds that the instructions under challenge 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 change the structure of the General Secretariat in the Council of Ministers during the period of the caretaker government, and impose large financial burdens on the next government and cause Slackness in the administrative apparatus and overlap 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 period of managing daily affairs.
4- 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 are invalid 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 the 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 authorize to issue them, and their issuance constitutes 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 terms of 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 the 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 No. 4694 on 10/17/2022, were issued during the caretaker period. The daily newspaper 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 in accordance with Article 32 of the Internal Regulations of the Council of Ministers No. 2 of 2019, The matter 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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The court stated in a statement received by Shafaq News Agency, that it considered the case No. (235/Federal/2023) challenging the validity of the instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. 2 of 2022 because they were issued during the period of conducting daily business of the previous government.
It stated that it 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, Issue No. 4694 on 10/17/2022, were invalid because they were issued during the period of conducting daily business of the previous government, which was headed by Prime Minister Mustafa Al-Kadhimi. A final ruling that is binding on all authorities.
The decision included the following principles:
1- Principle: The Federal Supreme Court finds that the challenged instructions 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 in contravention of 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 they are invalid.
2- Principle: The Federal Supreme Court finds that the instructions under challenge are 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 that the application of the aforementioned text requires that they be The government is represented by the Council of Ministers and the Prime Minister has full powers, not a government that takes care of daily affairs.
3- Principle: The Federal Supreme Court finds that the instructions under challenge 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 change the structure of the General Secretariat in the Council of Ministers during the period of the caretaker government, and impose large financial burdens on the next government and cause Slackness in the administrative apparatus and overlap 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 period of managing daily affairs.
4- 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 are invalid 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 the 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 authorize to issue them, and their issuance constitutes 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 terms of 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 the 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 No. 4694 on 10/17/2022, were issued during the caretaker period. The daily newspaper 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 in accordance with Article 32 of the Internal Regulations of the Council of Ministers No. 2 of 2019, The matter 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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