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Parliament awaits the judiciary: Who is the Alawites in the class?
Iraq 06/02/2024
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The judicial circles were surprised by the recent decision of the Court of Cassation, which said it regulated the powers of the Federal Court, and dealt with controversial rulings issued during the last period, after overturning a decision of the Federal Supreme Court and considering it non-conclusive and non-binding, in a precedent that is the first of its kind.
The House of Representatives is concerned with the consequences of the veto, and whether it will reconsider the decisions of the Federal Court retroactively.
A member of the Legal Committee, Arif Al-Hamami, said in an interview with Al-Sabah, “The decision came with a general title, and the decisions must be on a specific topic, and in the event of reversing any decision, the topic and issue must be defined and framed,” adding that “the constitution stipulates that According to the decisions of the Supreme Federal Court, the current event is dangerous and is happening for the first time.”
Al-Hamami explained, “We are waiting for the Judicial Council’s solutions to see the superiority of the decisions to be followed, given that the Federal Court’s decisions are final and binding on all authorities, as the Court of Cassation’s decision will have repercussions and solutions must be put in place.”
According to the Constitution, the Federal Supreme Court is the highest judicial authority in the country, in addition to its decisions being final and binding on all authorities, and not subject to appeal or discrimination, which raises questions about the fate of a number of the court’s previous decisions, and whether they fit the description of the recent Court of Cassation decision.
In this regard, legal expert Ali Al-Tamimi believed that “the decision of the General Authority of the Court of Cassation, consisting of 15 judges, No. 4 of 2024 constitutes a precedent and a principle of the judiciary, and is consistent with Article 1 of the Iraqi Civil Code,” pointing out that “these precedents are a source of The law, and he considered that the Federal Court’s decision No. 102 violated the principle of separation of powers contained in Article 47 of the Constitution.”
Al-Tamimi stated to “Al-Sabah” that “the Federal Court considered that the legal service could be added to judicial work and public prosecution,” noting that “the Court of Cassation considered that the addition was an amendment to a legal text contained in Article 35 of Law No. 9 of 2014.” “I considered it non-existent.”
The legal expert stated that “the invalid decision according to Article 4 of the Civil Code is worthless and cannot be applied, as the Court of Cassation relied on Article 12 of the Judicial Organization Law No. 160 of 1979, and this article gives authority to the Court of Cassation as it is the highest judicial body and has oversight over all Courts may overturn decisions if they are illegal or violate the Constitution.
Edited by: Ali Abdel Khaleq
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