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[size=52]The Federal Reserve ruled that instructions issued during the period of Al-Kadhimi’s government were invalid[/size]
- Today 11:05
Information/Baghdad..
Today, Wednesday, the Federal Supreme Court overturned the instructions of the former Prime Minister, Mustafa Al-Kadhimi, regarding the General Secretariat of the Council of Ministers, while publishing details of the ruling that instructions issued during the period of the caretaker government were invalid.
The Federal Court stated in a statement received by Al-Maalouma, 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 Gazette, issue (4694) on 10/17/2022, were invalid due to their issuance during The period of careturing the daily business of the previous government, which was headed by Prime Minister Mustafa Al-Kadhimi, is a final ruling and binding on all authorities.
The decision included the following principles:
1- 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 modify the structure of the General Secretariat of the Council of Ministers in contravention of the powers of the Prime Minister. Ministers during the caretaker period, which means that it violated the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution, which requires a ruling to be 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) For the year 2019, the application of the aforementioned text requires that the government 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 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), which would change the structure of the General Secretariat in the Council of Ministers during the period of the caretaker government, and burden the government The coming will be large financial burdens, slackness in the administrative apparatus, and interference between the powers and competencies of the various administrative bodies, which will negatively reflect 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 ( (Instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022) are incorrect 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 By number (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 grant the authority to issue them, and their 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 reference to 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. Mention of the matter that requires a ruling to be invalid, in order to adopt 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, Chairman of the Council of Ministers Ministers / in addition to his job published in the Iraqi Gazette, issue (4694) on 10/17/2022, issued during the period of conducting daily business 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 terms 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 is what was decided in accordance with the ruling issued by it No. (235/Federal). / 2023) on 11/19/2023). Ended/25
[You must be registered and logged in to see this link.]
Today, Wednesday, the Federal Supreme Court overturned the instructions of the former Prime Minister, Mustafa Al-Kadhimi, regarding the General Secretariat of the Council of Ministers, while publishing details of the ruling that instructions issued during the period of the caretaker government were invalid.
The Federal Court stated in a statement received by Al-Maalouma, 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 Gazette, issue (4694) on 10/17/2022, were invalid due to their issuance during The period of careturing the daily business of the previous government, which was headed by Prime Minister Mustafa Al-Kadhimi, is a final ruling and binding on all authorities.
The decision included the following principles:
1- 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 modify the structure of the General Secretariat of the Council of Ministers in contravention of the powers of the Prime Minister. Ministers during the caretaker period, which means that it violated the provisions of Articles ((61/Eighth/D) and (64/Second)) of the Constitution, which requires a ruling to be 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) For the year 2019, the application of the aforementioned text requires that the government 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 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), which would change the structure of the General Secretariat in the Council of Ministers during the period of the caretaker government, and burden the government The coming will be large financial burdens, slackness in the administrative apparatus, and interference between the powers and competencies of the various administrative bodies, which will negatively reflect 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 ( (Instructions for the formations of the departments of the General Secretariat of the Council of Ministers and their tasks No. (2) of 2022) are incorrect 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 By number (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 grant the authority to issue them, and their 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 reference to 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. Mention of the matter that requires a ruling to be invalid, in order to adopt 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, Chairman of the Council of Ministers Ministers / in addition to his job published in the Iraqi Gazette, issue (4694) on 10/17/2022, issued during the period of conducting daily business 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 terms 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 is what was decided in accordance with the ruling issued by it No. (235/Federal). / 2023) on 11/19/2023). Ended/25
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