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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

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    Lawlessness in Iraq prevents the update of the Federal Court

    day dreamer
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    • Post n°1

    Lawlessness in Iraq prevents the update of the Federal Court Empty Lawlessness in Iraq prevents the update of the Federal Court

    Post by day dreamer Fri 11 Dec 2015, 9:24 am

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    While there are hundreds of violations of the laws unconstitutional, the parliament fails to approve a new law of the Court because it eliminates all the agreements unconstitutional.
     
    Middle East Online
     
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    Even if the bill was approved, the court will not be able to do its job
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    Baghdad is still Iraqi political forces are unable to approve a new law of the Federal Court, and for many reasons but most notably those relating to the granting clerics broad authority to this court, which raises the fear of the influence of religion on law.
    Federal Court is the highest judicial authority in Iraq, and its decisions can not be challenged and the appeal and specializes in monitoring the new laws and not violate the Constitution, and the interpretation of provisions of the Constitution, and to settle disputes between the federal government and the provincial councils and the regions and Parliament, and this explains the importance of the court and the reasons for the delay in adoption of the new law.
    The Federal Court is currently working on the basis of a law enacted since 2005 at the time of the rule of Iyad Allawi, but it is inconsistent with the Constitution. The Federal Court in accordance with Article 92 of the Constitution, must be independent administratively and financially, but they are now linked to the Supreme Judicial Council and the current chairman of the Federal Court is the same President of the Supreme Judicial Council.
    The current law of the Court has not been approved by the legislative authority, but issued by the interim government of Iyad Allawi, who is also inconsistent with the Constitution, which calls for the need that the parliament approves the Federal Court Act which two-thirds majority of 216 deputies out of 325 is the total number of deputies present parliament.
    The accusations made by many parties and political forces of the current court to take decisions of a political nature in favor of the government in the time of former Prime Minister Nuri al-Maliki, the most prominent reason which called for political blocs to form a new federal court.
    It also continued in Baghdad and a number of cities in southern Iraq four months since the demonstrations, calling for judicial reform and make significant changes in it, which is the same requirement expressed by top Shi'ite cleric Ali al-Sistani.
    The Iraqi government agreed in February on the draft of the Federal Court Act, but this law needs to be further complicated approvals, Parliament must be approved by a majority of MPs a difficult task in light of the differences between the political blocs, which prevent the adoption of laws need to be a simple majority.
    Religious veto
    Of the most prominent differences on the new Federal Court Act is the issue of the participation of the clergy in this court, which means that the law will allow clerics to vote and debate in the judicial proceedings in accordance with Islamic law, and not only according to the law which is something to fear from the weakening of civilian rule in Iraq in favor of religious authority.
    The draft bill, which is still in Parliament to make the members of the Federal Court 13 members: seven judges and four scholars in Islamic law scholars and 2-in-law, and differences persist on this selection.
    But how can the clergy who do not have experience in the study of law from participating in the decisive and important and big decisions, what is the biggest religious doctrine to be applied, whether it is Shiism or Sunnism and the problem?
    He says the lawyer and legal expert Hamid Al-Najjar "The presence of law experts in court poses a threat to the legal system and threaten the impartiality of the court .. Because the Federal Court will apply the civil laws exist in Iraq for decades .. So what function clerics do not know anything in the law?"
    Al-Najjar and adds that "the choice of two members of the legal experts illogical, why are selected legal experts while there are senior judges in the Court as they undoubtedly are well aware of the law more than experts will be selected from universities and supervised by the political blocs."
    According to the draft law, the Shiites nominate two of the clergy, as well as the year and also nominated two, while the rest jurists whereupon the Ministry of Higher Education voluntarily by law professors and experts in the universities.
    There are in Iraq five religious doctrines of Shiite and Sunni Islamic sect al-Jaafari, a Shiite sects The rest of a Sunni-Maliki, Hanafi, Shafi'i, Hanbali, and these doctrines have different interpretations on many issues and laws.
    The problem seems to create a greater regard to Muslim Jurists problem, it has the right to nominate Muslim Jurists ?, Shiites have many religious references, most prominent of the first reference to the Shiite Ali al-Sistani Iranian origin and three clerics others who are reference Mohammed Said al-Hakim of Iraqi origin, and Muhammad Ishaq al-Fayad, Pakistani origin, Bashir al-Najafi Indian in origin.
    And also there are references Shiites others religion, including Kazem al-Haeri, which is the point of reference for the Sadrist movement led by Moqtada al-Sadr, and Mohammed al-Yacoubi leader of the "virtue" party, in addition to the Shiite political parties as a party the Islamic Dawa led by Nuri al-Maliki and "the Islamic Supreme Council" headed by Ammar al-Hakim.
    The initial draft of the Law of the Federal Court states that the Shiite Endowment and the Sunni Endowment, namely two institutions Two of the government, the nomination of Muslim Jurists names, but they will face a problem in how to choose the candidates, especially that there are conflicts between religious authorities Sunni and Shiite political parties.
    But the biggest problem now, the extent of the power of a law scholars in the Federal Court ?, some Shiite parties want to enjoy Muslim Jurists right "veto" in the case objected to the lawsuits relating to Islamic law, which raises the fear of growing religious authority in Iraq Civil power.
    So far is still the issue of voting in the Federal Court is a foregone conclusion, and there are suggestions that a vote on the decision-making of all the 31 members, or have the consent of the 9 members of them.
    The end of the era of unlawful agreements
    Live political parties and forces now stage strong differences between the government and the provinces and between the federal government and the Kurdistan Regional Government and the Parliament and the federal government, and between the provinces, and political forces feel free to pass the law because their interests might be harmed or subjected to injustice.
    Kurds of the most fearful political forces of the way the formation of the Federal Court, and the Kurdish parties fear of subordination members of the Court for political pressures on several legal disputes between the federal government and the Kurdistan Regional Government, most notably the oil agreement and demarcation of the border in the disputed areas, and the issue of Kirkuk.
    Says MP from the bloc "the Kurdistan Alliance," Zana Said "We demand to be the court's decisions on disputes between the central government and the regions and governorates and the Kurdistan region unanimously by members of the Court .. to prevent injustice against the Kurdistan region."
    And it fears the rest of the Sunni and Shiite political blocs are the other of the Federal Court because it will put an end to the differences between the political blocs and the provinces, and that the final and decisive decisions of the Federal Court, and the political blocs is not ready to lose their interests.
    Since the beginning of 2015, 60 of the Federal Court discussed the lawsuit, according to the official website of the Supreme Judicial Council, which included appeals and interpretations of constitutional and administrative proceedings related to government positions, and actions of a private membership deputies and cancel the membership of others.
    It is more of these issues is a lawsuit filed by one of the Vice-President of the Republic against the sacked prime minister Haider al-Abadi and Parliament Speaker Salim al-Jubouri on his dismissal, the court ruled against the vice president.
    And another lawsuit filed against a judge of the Federal Court itself Medhat al-Mahmoud, and the court decided that the lawsuit was not competent were revoked.
    The most important results of the passage of the new law, the Federal Court that he would end the era of political consensus is constitutional and what the most, and often based blocs and political parties to resolve their differences among themselves through illegal agreements or unconstitutional, because the new Federal Court would object to these agreements and considers it a violation of the Constitution.
    One of the issues of illegal offline is having a "popular crowd" of Shi'ite factions and forces the families of out-of-state forces, because Article 9 of the Constitution, paragraph (  prohibit the formation of military militias outside the framework of the armed forces.
    Although the Iraqi government has decided to convert the "popular crowd" to an independent body affiliated to it, which is allowed in Article 108 of the Constitution, but the government violated the Constitution because this body does not have the law and did not vote on it in Parliament so far.
    Among the most prominent constitutional violations egregious got when parliament passed its first meeting in July 2014, and was supposed to be the selection of a speaker and two deputies, to be followed by the selection of the President and then Prime Minister, but all that did not happen in the time required and occurred violations of several scheduled by set by the Constitution on the choice of all these positions.
    And the failure of the parliament three times in the approval of the Federal Court Act, and there are dozens of differences between the blocs and the Iraqi parties that prevent the approval of the law at the moment, while there are hundreds of violations and laws unconstitutional that applied years ago, the big question Can the new Federal Court if formed, do work? (Discussion)
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