The Federal Court rules that instructions issued during the caretaker period are invalid
- Time: 12/06/2023 11:14:40
- Read: 1,612 times
[You must be registered and logged in to see this image.]
{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).
To view the text of the decision, click [You must be registered and logged in to see this link.]
[You must be registered and logged in to see this link.]
{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).
To view the text of the decision, click [You must be registered and logged in to see this link.]
[You must be registered and logged in to see this link.]
Today at 7:07 am by Rocky
» utube 9/16/24 MM&C Iraq Dinar Update - #xrpripple #iraqidinar - Electronic International Payments
Today at 7:07 am by Rocky
» Details of the American role in preventing Iraq from obtaining a Russian air defense system
Today at 7:02 am by Rocky
» MP gives details on the repercussions of the theft of the century and the leaked recording of Hanoun
Today at 7:01 am by Rocky
» MP warns of US ambassador's moves
Today at 7:00 am by Rocky
» Government stresses the need to develop the air transport sector in Iraq
Today at 6:57 am by Rocky
» Al-Sudani stresses the importance of continuing the work of the Iraq Development Fund according to t
Today at 6:55 am by Rocky
» The Central Bank announces a 15.7% decline in Iraqi exports in the first quarter of this year
Today at 6:53 am by Rocky
» Parliamentary condition for passing the amnesty law.. Who are those covered by the fight against ter
Today at 6:50 am by Rocky
» Al-Sudani confirms the government's intention to purchase services from investors
Today at 6:49 am by Rocky
» In preparation for Al-Sudani's visit... Formation of a high committee in Diyala - Urgent
Today at 6:47 am by Rocky
» The first customs point after the "yellow" between the region and the federation in Diyala
Today at 6:45 am by Rocky
» Misfortunes never come singly.. 15% tax on Facebook in Iraq
Today at 6:44 am by Rocky
» After being almost free... the increase in government transaction fees angers citizens
Today at 6:40 am by Rocky
» Private Banks Association: The number of electronic payment points in Iraq increased from 7 thousand
Today at 5:20 am by Rocky
» Customs: AI to enhance risk management in imports
Today at 5:18 am by Rocky
» Ministry of Foreign Affairs through development: It will be a safe corridor for the transport of goo
Today at 5:17 am by Rocky
» Government plans to impose 15% tax on social media sites
Today at 5:16 am by Rocky
» Low prices.. Parliamentary demands to open the land distribution file to officials
Today at 5:15 am by Rocky
» Parliamentary Finance: Securing Employee Salaries for the Years 2024-2025
Today at 5:14 am by Rocky
» 85% of foreign workers in Iraq have “no useful skills”.. This is what they earn annually
Today at 5:12 am by Rocky
» Foreign labor!
Today at 5:11 am by Rocky
» 100 new investment opportunities
Today at 5:10 am by Rocky
» Expatriate workers transfer $2 billion abroad annually
Today at 5:09 am by Rocky
» Al Sabah Finance Committee: The government has developed a plan to increase financial resources to s
Today at 5:08 am by Rocky
» Water Supply Project in Nineveh Plain
Today at 5:06 am by Rocky
» November.. Iraq offers 100 investment opportunities
Today at 5:05 am by Rocky
» Tips to avoid electronic theft
Today at 5:03 am by Rocky
» Trends towards establishing digital banks
Today at 5:01 am by Rocky
» Al-Sudani chairs the regular meeting of the Board of Directors of the Iraq Development Fund
Today at 4:58 am by Rocky
» Investment Authority: Egyptian companies wish to partner in implementing the development road
Today at 4:57 am by Rocky
» Cryptocurrencies suffer losses of more than 2%
Today at 4:56 am by Rocky
» Slight decrease in dollar exchange rates in Baghdad, Basra and Erbil
Today at 4:54 am by Rocky
» Minister of Electricity to Nina: We have maintained the system without any outage and we will adopt
Today at 4:53 am by Rocky
» American report monitors Turkish-Iranian competition in Iraq
Today at 4:52 am by Rocky
» “Interrogation” is almost absent from the fifth session of Parliament.. The absence of the “Presiden
Today at 4:50 am by Rocky
» After Pezeshkian's visit... Will Iraq help isolated Iran lead a new regional alliance?
Today at 4:49 am by Rocky
» Al-Sudani: Continuing the policy of appointment in the government sector is something the state cann
Today at 4:48 am by Rocky
» After 21 years of change.. Challenges and complications threaten Iraq's democracy
Today at 4:45 am by Rocky
» Severe imprisonment for the director of the customs center at Al-Shaib border crossing in Maysan for
Today at 4:44 am by Rocky
» Planning: The numbering and inventory process will continue until the end of next month
Today at 4:43 am by Rocky
» Baghdad Operations talks about the entry of building materials into the regions
Today at 4:41 am by Rocky
» Basra employees demand salary scale adjustment and threaten to close city entrances and exits
Today at 4:39 am by Rocky
» On the International Day of Democracy, UNESCO sends a message to Iraq
Today at 4:37 am by Rocky
» This is what happened between Al-Sudani and Al-Sadr
Today at 4:36 am by Rocky
» Parliamentary Finance Committee: Employees’ salaries are secured for this year and next year even if
Today at 4:34 am by Rocky
» Parliament awaits a session full of disputes after the inclusion of three controversial laws
Today at 4:32 am by Rocky
» Who is responsible for the entry of building materials into agricultural and residential areas?
Today at 4:30 am by Rocky
» Tax on "social media" to secure funds.. Parliamentary Finance Committee reveals the number of months
Today at 4:28 am by Rocky
» 85% of foreign workers in Iraq have “no useful skills”...and they steal more than $2 billion annuall
Today at 4:26 am by Rocky
» What is the fate of the development road project?
Today at 4:25 am by Rocky
» List of dollar exchange rates in Iraq
Today at 4:23 am by Rocky
» Investigation into the file of renting the Baghdad Airport garage.. Its rental value is not commensu
Today at 4:22 am by Rocky
» shots fired around Trumps golf course while he was playing golf about 2:15 cst today 9/15/24 accordi
Yesterday at 2:26 pm by Rocky
» utube 9/12/24 MM&C Iraqi Dinar-#iraqdinar-#xrp-Baghdad-Kurdistan-Historical Meetings-Global Attent
Yesterday at 7:12 am by Rocky
» Government Advisor: E-Governance Application Contributed to Protecting Public Money and Reducing Cor
Yesterday at 7:07 am by Rocky
» At the forefront of which is the Minister of Oil...the wheel of interrogations in Parliament returns
Yesterday at 7:04 am by Rocky
» Iraq and UNAMI discuss mechanisms for implementing Security Council Resolution 2732
Yesterday at 7:01 am by Rocky
» Mr. Al-Hakim: Agriculture can make us independent of oil and reduce dependence on the rentier state
Yesterday at 6:59 am by Rocky
» Algeria establishes a foothold in Iraq's electricity sector
Yesterday at 6:59 am by Rocky
» Ministerial amendments and strengthening the reform program: Al-Sudani’s steps to confront crises
Yesterday at 6:54 am by Rocky
» Economist: The free mass is estimated at 70 trillion dinars and can be invested electronically
Yesterday at 6:51 am by Rocky
» Electricity announces that all its stations will be put under maintenance
Yesterday at 6:47 am by Rocky
» Iraq exports more than two million tons of oil derivatives in 3 months
Yesterday at 5:26 am by Rocky
» Chairman of the Private Banks Association: We have registered more than 13 million accounts and we s
Yesterday at 5:22 am by Rocky
» Government Advisor: These are ways to enhance the great development in the digital payments system i
Yesterday at 5:18 am by Rocky
» Economic Center Calls on the Government to Restructure Airlines and Separate Them from Transportatio
Yesterday at 5:16 am by Rocky
» Al-Sudani: The quadripartite agreement between Iraq, Türkiye, Qatar and the Emirates constitutes the
Yesterday at 5:15 am by Rocky
» Real Estate Bank terminates the assignment of its main branch manager upon his request
Yesterday at 5:14 am by Rocky
» Iraq's oil exports to America rose last week
Yesterday at 5:12 am by Rocky
» Jordan's imports of Iraqi oil decreased by (42%)
Yesterday at 5:11 am by Rocky
» Revealing the most important files that were resolved by the federal government delegation during it
Yesterday at 5:07 am by Rocky
» Tensions are over and goods will be available.. A Kurdish economic view of Pezeshkian’s visit to Erb
Yesterday at 5:06 am by Rocky
» MP: Al-Sudani bears responsibility for obstructing the laws that he withdrew from Parliament
Yesterday at 5:03 am by Rocky
» Al-Sudani snatches the "stay" card from the angry "framework"... and the dispute between them intens
Yesterday at 5:02 am by Rocky
» Al-Sudani: The Iraqi state cannot continue its policy of appointment in the government sector
Yesterday at 5:00 am by Rocky
» Delaying salaries.. Warnings of a “crisis” after two months and the government reassures
Yesterday at 4:59 am by Rocky
» Investment Authority: Opportunities to be presented at the Iraq Forum have completed sectoral approv
Yesterday at 4:57 am by Rocky
» Agriculture clarifies controls on the movement of poultry and its products between governorates
Yesterday at 4:56 am by Rocky
» Religious scholars in Kurdistan: Passing the amendment to the Iraqi Personal Status Law will have ba
Yesterday at 4:55 am by Rocky
» Al-Saabari: Amending the Personal Status Law has become a popular demand
Yesterday at 4:54 am by Rocky
» Baghdad-Ankara Military Agreement... The Terms Go Beyond the Limits!
Yesterday at 4:53 am by Rocky
» Association of Banks: Financial inclusion in Iraq increased by 48.5% during the current year
Yesterday at 4:52 am by Rocky
» Arab Monetary Fund: We are working with Iraq to build national financial strategies
Yesterday at 4:51 am by Rocky
» Prime Minister: We have developed a government program that addresses the real concerns of citizens
Yesterday at 4:50 am by Rocky
» Al-Alaq: 70 digital banks have applied to the Central Bank for a license
Yesterday at 4:48 am by Rocky
» Highlights of Al-Sudani's meeting with Basra dignitaries and farmers
Yesterday at 4:46 am by Rocky
» Al-Sudani: The path of development will transform Iraq into an open country
Yesterday at 4:45 am by Rocky
» Halbousi angry about equipping the Peshmerga with artillery
Yesterday at 4:43 am by Rocky
» Iraq prepares for the upcoming Arab summit
Yesterday at 4:42 am by Rocky
» Iraq imports fruits and vegetables worth $35 million
Yesterday at 4:41 am by Rocky
» Economic Center Calls on the Government to Restructure and Separate Iraqi Airways from the Ministry
Yesterday at 4:38 am by Rocky
» Alsumaria Newsletter: Controversy over laws, deterioration of Baghdad services, and changes in the R
Yesterday at 4:37 am by Rocky
» Oil Minister suffers health problems in the United States
Yesterday at 4:35 am by Rocky
» New York Times: Iraq may receive an Israeli strike... and Baghdad has abandoned its balance
Yesterday at 4:33 am by Rocky
» The dollar continues to rise.. Learn about the exchange rates in the Iraqi markets
Yesterday at 4:31 am by Rocky
» 1000 signatures on the table of 4 parliamentary committees to amend the “Access to Information Law”
Yesterday at 4:30 am by Rocky
» “Money for survival”: Al-Saihoud: Al-Sudani prevented the economics of the parties, so they turned a
Sat 14 Sep 2024, 6:54 am by Rocky
» Iraqi banks are in crisis: structural imbalance, double taxation and deep corruption
Sat 14 Sep 2024, 6:51 am by Rocky