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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    The President of the Supreme Judicial Council hosts a joint meeting of the Court of Cassation and th

    Rocky
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    The President of the Supreme Judicial Council hosts a joint meeting of the Court of Cassation and th Empty The President of the Supreme Judicial Council hosts a joint meeting of the Court of Cassation and th

    Post by Rocky Mon 03 Jun 2024, 5:08 am

    The President of the Supreme Judicial Council hosts a joint meeting of the Court of Cassation and the Federal Court
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    Baghdad today - Baghdad
    Today, Monday (June 3, 2024), the President of the Supreme Judicial Council, Judge Faiq Zaidan, hosted a joint meeting for members of the Court of Cassation and the Federal Court.
    The Media Center of the Judicial Council stated in a statement, received by “Baghdad Today”, that “The President of the Supreme Judicial Council, Judge Faiq Zaidan, hosted a joint meeting today, Monday, that included the Vice-Presidents of the Court of Cassation and the President and members of the Federal Court, in the presence of the Head of Judicial Supervision.”
    He added, "During the meeting, the jurisdiction of the two courts was discussed and it was agreed to abide by what was stipulated in the Constitution and the applicable laws that defined the jurisdiction of the two courts. In the event of resorting to jurisprudence in matters not contained in a constitutional or legal text, a joint meeting will be held to reach an agreed-upon opinion."
    The media, political and popular circles were all abuzz with the decision of the Federal Court of Cassation, overturning another decision of the Federal Supreme Court and considering it not final and non-binding, because the Federal Supreme Court is supposed to be the highest judicial authority and what it issues is final and binding on all authorities, which caused shock and uproar. In legal and political circles, it raised questions about the fate of many previous decisions of the Federal Court and whether they fit the description of the recent Court of Cassation decision.
    The discrimination decision was issued against Al-Ittihad, after a judge submitted a request to the President of the Supreme Judicial Council, Faiq Zaidan, to refer him to retirement at the rate of 80% of the last salary he received in accordance with the Unified Retirement Law. However, Zaidan rejected the request, because the law, according to Zaidan, requires that the judge have Judicial service is 30 years. However, the requesting judge’s service is about 17 years, but he added 13 years of his service as a lawyer, which makes the total service 30 years. However, the law requires him to be a judge for 30 years, and lawyering is not counted among the judicial service. According to the discretionary opinion, his first request was therefore rejected.
    But the judge who wanted to retire then resorted to the Judicial Affairs Committee, relying on a decision from the Federal Court in a similar case, when the latter ruled that Article 35, Fourth A4, of the Retirement Law was unconstitutional, based on a lawsuit filed by one of the Federal Court judges against the Speaker of the House of Representatives. Because of the article’s inclusion and requirement that “a judge must complete 30 years in the judiciary or public prosecution,” the Federal Court at the time ruled that this phrase was unconstitutional, abolishing it “in the judiciary or public prosecution,” and maintaining that a judge must complete 30 years, regardless of his type of service.
    However, the Judicial Affairs Committee rejected the lawsuit, so he appealed to the Court of Cassation against the decision of the Judicial Affairs Committee, also invoking the decision of the Federal Court, and here the Court of Cassation issued its decision to support the decision of the Judicial Affairs Committee, and to support the position of the President of the Supreme Judicial Council that he should complete 30 years in the judiciary. Half of his service is not in the judiciary and the other is as a lawyer.
    The decisions of the Federal Court have often witnessed great controversy, and it has emerged as the highest authority for crisis management in the country, after political differences reached their peak as a result of the vast difference resulting from the election results between the seats of the political blocs.
    The Federal Court in Iraq is the highest judicial authority in the country, and according to the constitution, it is responsible for adjudicating disputes in federal cases, and receiving objections and appeals to decisions issued by the three presidencies (the presidencies of parliament, the republic, and the government), in addition to approving the results of the legislative elections.
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