The Federal Court rules that the instructions for conducting daily business in the Al-Kadhimi govern

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[size=52]The Federal Court rules that the instructions for conducting daily business in the Al-Kadhimi government are invalid[/size]

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12/07/2023
Baghdad / Mustafa Al-Atabi:
The Federal Supreme Court ruled that the instructions issued during the daily business period by the previous government headed by Mustafa Al-Kadhimi were invalid.
The Federal Court stated in a statement 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 due to their issuance during the period of conducting the daily business of the previous government.”
She 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.”
She continued, “The decision included the following principles:
- The first 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 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 it is invalid.
- The second 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, and 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.
- The third 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 next government. Large financial burdens, slackness 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 period of managing daily affairs.
- Fourth Principle: (The Federal Supreme Court finds that (( Instructions for the formations of 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 No. (1/9/DR/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).
- The fifth 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).
- Sixth Principle: (The Federal Supreme Court finds that Instructions for the formations of 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).[/size]
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