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Experts: Federal Court decisions are not invalidated by amending its law
Iraq 12/14/2023
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Baghdad: Shaima Rasheed
Legal experts believed that any decision of the Federal Court is now binding and cannot be tampered with, even with the amendment of its law proposed in the House of Representatives, pointing out that the court’s decisions were issued at a time when it had a law by which it operated, and there is no legal scope to reconsider previous decisions.
Legal expert Haider Al-Sufi explained, in an interview with Al-Sabah, that “the amendment to the Federal Court Law reached the House of Representatives with a proposal from the Presidency of the Republic and was submitted for a vote,” noting that “Parliament requested the opinion of the government and the Judicial Council to add clerics and jurists to the existing judges, and until now The draft law has not been taken up by Parliament and is in the process of being studied.”
Al-Sufi added, “The constitution stipulates that the court includes religious jurists and members of the jurists, and even if an amendment is made to the law, the court’s previous decisions will be final and binding because its previous decisions were issued in accordance with the constitution and the applicable law, and all court, government, or even administrative decisions were issued in accordance with the law.” An effective law, and if the law is repealed or postponed, the decision remains because it was issued at a time when the law was in force.”
The expert continued, “The court’s decisions are effective and remain so, and the matter includes new decisions that are final and binding because the constitution stipulates that,” indicating that “what is happening today is an amendment to the law and not an amendment to the constitution, so this article cannot be amended because it is constitutional.”
In this context, legal expert Ali Al-Tamimi said, in an interview with “Al-Sabah”: “The Federal Court cannot retract previous decisions, but rather it can amend them, and it is called the right to retract previous interpretations and principles, such as the interpretation of Article 76 of the Constitution related to the bloc and the largest, and so on.” ", adding that "the court cannot renounce the acquired rights of individuals, the acquired legal right, or the so-called acquired principles and acquired rights." Al-Tamimi added, "The law amending the Federal Court Law present in Parliament cannot cancel previous decisions."
Edited by: Abdul Rahman Ibrahim
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