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[rtl]History of edits:: 7.30.2016 10:07 • 47 visits readable[/rtl]
{Baghdad: Euphrates News} saw a legal expert Tareq Harb, on Saturday, that the granting of a member of helmeted deputies the power of referral to the Judiciary Oversight Commission may not be a constitution, referring to the "non-acceptance by one of inspectors to conduct inspections and audits of the Supreme Judiciary thirty of its members."
He said the war in a statement, the agency {Euphrates News} received a copy of it today, that "follow - ups and comments from legal and constitutional and employers the legal culture and the owners of constitutional knowledge abounded and numerous interventions on the amendments introduced by the Parliament on a draft judicial supervision law , which Parliament took enacted in the 13th of the month ofJuly this, contrary to the opinion of the judiciary. "
He added that" this bill this authority took over writing with other bills as a project of the Federal Court bill and the public prosecution law and deposited to parliament for legislation, but specialists were surprised that the draft judicial supervision law has been changed and the switch does not say the amendment so that the amendment the term is derived from justice and justice but tweaking conducted by theparliament on this is far from justice, justice, far from the Constitution and its provisions " of law.
he said it was " clear from the attitude of some members of parliament who do not leave any legislation without having to give themselves a privilege and jurisdiction this is what happened in the judicial supervision of the law, specifically in Article III / VII of the Act and that have been changed so that was awarded the Member ofparliament the power of referral to the judiciary Inspection Department and this issomething that may not be a constitution. "
he said," the personal attorney with a personal House of Representatives is not one of the member of the the House of Representatives the power of referral as theamendment included, but the House of Representatives and vote in the assignment legal hearing to the judiciary oversight Commission there is a difference between aparliamentary one possesses this power has not sanctioned by the Constitution tohim and the constitutional body is the parliament and the majority vote in theprescribed for the parliament rights constitutionally. "
he added , " it would also not in accordance with the provisions of independence of the judiciary in the Constitution as stated in the amendment of the judiciary inspection Act and in particular the validity of the judicial supervisor in the audit and supervision of the Federal Court of Cassation , as that it can not accept a single inspectors to conduct inspections and audits of this supreme judicial body and its members thirtieth judge of the finest Iraq judges, which before them in the judicial service for at least twenty years and it was necessary to the treatment of the Court of Cassation the same treatment as the Federal Supreme Court so that stray from the provisions of judicial oversight not to mention that the financial commitment of any legislation to be the prerogative of the government , a Council of Ministers. "
he stressed that" the amendments introduced by the parliament does not agree with this principle is not in keeping with the provisions of paragraph folds of Article {91} of the Constitution , which decided to offer the President of the Commission only on the parliament to approve his appointment was constitutional decide Vice - chairman of the Commission to the parliament as stated in the parliamentary amendments and that means that these changes the amendments introduced by parliament on the provisions of the judiciary Inspection far from the provisions of the Constitution Act , which had no legal basis to them. "
the buttock , saying," the previous law number {124} of 1979 did not include such provisions in spite of the dictatorship of the former regime, so we remind tightly independence eliminate any staying away from the interference of the executive branch and the legislature , as stated in Article {47} of the Constitution , especially since the Iraqi constitution , the principle of independence of the judiciary in thestatus Alazky and top position given that he was considered in the article {19} of theConstitution , the independence really eliminate the Iraqi people and in the article { 50} considered the independence of the judiciary is part of the right , played by theowners of the top positions as head of the republic and the prime minister and thespeaker of parliament, ministers, members of parliament and others. "
He said the " article {87} of the Constitution considered the independence of thejudiciary first attribute of the judges and article {88} confirmed the independence of the judiciary and also The Federal Supreme Court has left to eliminate the power todetermine their own legislation, and left financial matters to the Council of Ministers, the government and thus the appeal of this law and the heroes of some of theprovisions contained therein, which we mentioned earlier apply and the provisions ofArticle {93} of the Constitution and Article {13} , considering that these provisions invalid constitutionally for violating the provisions of the Constitution. "
the House of Representatives voted on 13 of July of this, the approval of the judicial oversight Authority Act.
as the judiciary has criticized some of the paragraphs of the law, pointing out that one of the paragraphs of the law to allow a member of the House ofRepresentatives to refer the judge to Althakiq.anthy
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Legal expert: Grant Member of Parliament the power of referral to the Judiciary Oversight Commission may not be a constitution
[/rtl][rtl]History of edits:: 7.30.2016 10:07 • 47 visits readable[/rtl]
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[rtl]{Baghdad: Euphrates News} saw a legal expert Tareq Harb, on Saturday, that the granting of a member of helmeted deputies the power of referral to the Judiciary Oversight Commission may not be a constitution, referring to the "non-acceptance by one of inspectors to conduct inspections and audits of the Supreme Judiciary thirty of its members."
He said the war in a statement, the agency {Euphrates News} received a copy of it today, that "follow - ups and comments from legal and constitutional and employers the legal culture and the owners of constitutional knowledge abounded and numerous interventions on the amendments introduced by the Parliament on a draft judicial supervision law , which Parliament took enacted in the 13th of the month ofJuly this, contrary to the opinion of the judiciary. "
He added that" this bill this authority took over writing with other bills as a project of the Federal Court bill and the public prosecution law and deposited to parliament for legislation, but specialists were surprised that the draft judicial supervision law has been changed and the switch does not say the amendment so that the amendment the term is derived from justice and justice but tweaking conducted by theparliament on this is far from justice, justice, far from the Constitution and its provisions " of law.
he said it was " clear from the attitude of some members of parliament who do not leave any legislation without having to give themselves a privilege and jurisdiction this is what happened in the judicial supervision of the law, specifically in Article III / VII of the Act and that have been changed so that was awarded the Member ofparliament the power of referral to the judiciary Inspection Department and this issomething that may not be a constitution. "
he said," the personal attorney with a personal House of Representatives is not one of the member of the the House of Representatives the power of referral as theamendment included, but the House of Representatives and vote in the assignment legal hearing to the judiciary oversight Commission there is a difference between aparliamentary one possesses this power has not sanctioned by the Constitution tohim and the constitutional body is the parliament and the majority vote in theprescribed for the parliament rights constitutionally. "
he added , " it would also not in accordance with the provisions of independence of the judiciary in the Constitution as stated in the amendment of the judiciary inspection Act and in particular the validity of the judicial supervisor in the audit and supervision of the Federal Court of Cassation , as that it can not accept a single inspectors to conduct inspections and audits of this supreme judicial body and its members thirtieth judge of the finest Iraq judges, which before them in the judicial service for at least twenty years and it was necessary to the treatment of the Court of Cassation the same treatment as the Federal Supreme Court so that stray from the provisions of judicial oversight not to mention that the financial commitment of any legislation to be the prerogative of the government , a Council of Ministers. "
he stressed that" the amendments introduced by the parliament does not agree with this principle is not in keeping with the provisions of paragraph folds of Article {91} of the Constitution , which decided to offer the President of the Commission only on the parliament to approve his appointment was constitutional decide Vice - chairman of the Commission to the parliament as stated in the parliamentary amendments and that means that these changes the amendments introduced by parliament on the provisions of the judiciary Inspection far from the provisions of the Constitution Act , which had no legal basis to them. "
the buttock , saying," the previous law number {124} of 1979 did not include such provisions in spite of the dictatorship of the former regime, so we remind tightly independence eliminate any staying away from the interference of the executive branch and the legislature , as stated in Article {47} of the Constitution , especially since the Iraqi constitution , the principle of independence of the judiciary in thestatus Alazky and top position given that he was considered in the article {19} of theConstitution , the independence really eliminate the Iraqi people and in the article { 50} considered the independence of the judiciary is part of the right , played by theowners of the top positions as head of the republic and the prime minister and thespeaker of parliament, ministers, members of parliament and others. "
He said the " article {87} of the Constitution considered the independence of thejudiciary first attribute of the judges and article {88} confirmed the independence of the judiciary and also The Federal Supreme Court has left to eliminate the power todetermine their own legislation, and left financial matters to the Council of Ministers, the government and thus the appeal of this law and the heroes of some of theprovisions contained therein, which we mentioned earlier apply and the provisions ofArticle {93} of the Constitution and Article {13} , considering that these provisions invalid constitutionally for violating the provisions of the Constitution. "
the House of Representatives voted on 13 of July of this, the approval of the judicial oversight Authority Act.
as the judiciary has criticized some of the paragraphs of the law, pointing out that one of the paragraphs of the law to allow a member of the House ofRepresentatives to refer the judge to Althakiq.anthy
[You must be registered and logged in to see this link.]
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