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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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    The Federal Court rules that instructions issued during the caretaker period are invalid

    Rocky
    Rocky
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    The Federal Court rules that instructions issued during the caretaker period are invalid Empty The Federal Court rules that instructions issued during the caretaker period are invalid

    Post by Rocky Wed 06 Dec 2023, 5:13 am

    The Federal Court rules that instructions issued during the caretaker period are invalid
    • Time: 12/06/2023 11:14:40
       
    • Read: 1,612 times

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    {Politics: Al-Furat News} The Federal Supreme Court ruled that instructions issued during the daily business period were invalid.
    A statement to the court’s media, of which {Al-Furat News} received a copy, stated, “ The Federal Supreme Court considered the case No. (235/Federal/2023), which included an appeal against 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, due to their issuance during the period of conducting the daily business of the government.” previous".
    He added, "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, Issue (4694) on 10/17/2022, were invalid because they were issued during the period of conducting daily business of the previous government, which was It is headed by Prime Minister Mustafa Al-Kadhimi, and it is 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 This 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 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 There 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 affect 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 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 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. The matter requires ruling that it is 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, 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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