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The Federal Court Law is a difficult challenge in 2024
Iraq 01/11/2024
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Baghdad: Huda Al-Azzawi
Political affairs specialists believe that one of the most important challenges that the government will face in 2024 is the approval of the Federal Court Law, which they believe will change the future political equation if its provisions are decided and the controversial issues that have a direct bearing on the stability of the political process and the strengthening of the pillars of the state are resolved.
Political analyst Omar Al-Nasser said in an interview with “Al-Sabah” that “the Federal Court is accustomed to resolving controversial issues, and to intervene at the appropriate times to decide on crucial issues that have a direct bearing on the stability of the political process, strengthening the pillars of the state, consolidating the foundations of good governance, and holding the handle of peaceful coexistence in a proper manner.” wise" . He stated, “The court’s decisions and rulings are final, binding, and not subject to appeal, and it has tasks and a major oversight role in implementing the constitutionality of laws and legislation issued by the House of Representatives and the executive authority, and examining complaints submitted to the President of the Republic and the Prime Minister, in addition to its major role in evaluating the most important and most sensitive and crucial materials.” Including deciding on the issue of deciding the membership of members of the House of Representatives and examining outstanding issues and disputes between the center and the region. He pointed out, "There are differences that will hinder the issue of settling the points that are not agreed upon in the law between the political blocs, especially since a team of experts believes that the court should have experts in Islamic jurisprudence and law among its members, and organizing the selection of these people will be difficult, I think."
In turn, the head of the Al-Sharq Center for Strategic Studies and Information, Ali Mahdi Al-Araji, told Al-Sabah: “We have approached the verge of two decades and we are suffering from a crisis in approving the Federal Court Law, which by its nature requires a vote of two-thirds of Parliament, and most important of all is consensus.” political blocs,” stressing that “without that agreement, Parliament cannot vote on the law, and although Prime Minister Muhammad Shiaa Al-Sudani issued a decision to form a committee to reconsider the draft court law, the issue is subject to consensus, not voting.”
He added, "In addition, there is a major problem regarding the constitutionality of the current law of the court because it goes back to the prior formulation of the adoption of the 2005 constitution, and its constitutional characteristics were not specified in a law before the constitution, and the amendments of 2015 were not legitimate for the Kurdish side because they abstained from voting." In the third and fourth round, in short, the Federal Court law will not be subject to the amendments that will come from the government side, but rather will be subject to political agreements.” For his part, the head of the “Regional Center for Studies”, Ali Al-Sahib, said in an interview with “Al-Sabah”: “The House of Representatives held a special session in June 2021 to amend some provisions in the work of the Federal Court and submit the file to the President of the Republic, and the topic of interpreting the provisions of the Constitution was included in it.” And ratifying the results of the elections and a number of legislations. Despite all of the above, there is a lot of objection to some of the powers, which led Al-Sudani at the end of last year to form a special committee to follow up the controversy and object to the work of the Federal Court.”
He pointed out, "Of course, the matter is specifically up to the House of Representatives, which requires changing some provisions in the Federal Court Law to a vote of two-thirds of its members, which indicates the sensitivity of the matter." However, Al-Sahib stressed that "in any case, Iraq still has the best system." A judiciary in the Middle East who played a major and prominent role in resolving all disputes and disputes on the ground.
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