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[ltr]Federal Court confirms the constitutionality of the law of parties are set to appeal to some of its articles[/ltr]
[ltr][You must be registered and logged in to see this image.]BAGHDAD - Iraq Press - November 8: The Federal Supreme Court confirmed the constitutionality of some articles of the political parties law, passed by Parliament on 27 of last August and gave her appeal.
The spokesman for the judiciary Judge Abdul Sattar Bayraktar said in a statement, " The Federal Court heard an appeal with a number of parties law No. materials (36) for the year 2015".
Bayraktar said that " the court found that the material (24 / IV), and (16 / I) and (16 / II), and (2 / II) and (5 / II) and (17 / I) and (4 / III and 11 / first : b) and (11 / II c) and (14 / I) and (25 / II) and (57) and (11 / I. b / Terms of the founding parties) of the political parties Act may embarked according to the legislative option , which authorized the House of Representatives under the provisions of Article (61 / I) of the Constitution, and not a violation of the Constitution. "
He pointed out that " the material (11 / I) and (41 / I), and (44), and (24 / VII) of the impugned law has been judged unconstitutional by the judgment issued on 09.08.2016 by the Federal Supreme Court ".
Bayraktar said that " the Federal Court heard the appeal filed on the second paragraph of Article (2), first and seventh paragraphs of Article (3) of the body of judicial oversight , " Law No. (29) for the year 2016.
He continued that " the Court has decided that the constitutionality of these paragraphs , " pointing out that "Article (II / 2), has been subjected to appoint a vice chairman to the approval of the House of Representatives contrary to the provisions of Article (61 / V / a) of the constitution despite the above - mentioned article came exception from the provisions of Article 47, which states the separation of powers. "
He pointed out that " the exception included subjecting specific addresses for judicial positions and not one of them (vice president of judicial oversight body) , " noting that " the Court emphasized the constitutional and jurisprudential Qaeda is not permissible expansion of the exception."
Birqadr It was to be "material (3 / I) Federal Court of Cassation included oversight and supervision by the judicial oversight body."
And he added that "this provision is contrary to the norms and judicial contexts stable , " noting that " the judges of the Courtof Cassation with special grades and chief rank of minister and appointed by a presidential decree and the nomination of the Supreme Judicial Council and the consent of the House of Representatives."
" The supervision of the court is under Article (15 / I / c) of the Judicial Organization Law No. 160 of 1979 , the validity of the President of the Court and not from the supervisory body."
Birqadr He added that " the law of judicial oversight body nut set judicial supervisor of the judges of the second class by the Judicial Council without going through the stages of the appointment of the Chairman and members of the Federal Court of Cassation."
He said that "Article (3/7) of the Law Commission authorized body accomplish what transmits head of the Supreme Judicial Council by the federal or a member of the House of Representatives or a single judicial supervisors according to law."
He went on to " a member of the House of Representatives belongs to the legislative branch, not to the judiciary and to bringthe head of the Supreme Judicial Council or the treatment of the issue to accomplish is contrary to the principle of separation of powers Alorad in Article 47 of the Constitution."
Bayraktar and ended by saying that "the amendment of the contested material is not the jurisdiction of the Federal Supreme Court provided for in Article 93 of the Constitution and Article 4 of the law, and that the focus of that to the House of Representatives." Q ended
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