Amendment of the Federal High Court Act No. 30 of 2005 as an alternative


The Federal Supreme Court considered essential pillar of the democratic system, it promotes staff of the legal state and prevent the departure from the Constitution, which make the importance and seriousness of equivalent importance and seriousness of the amended terms of the condition in which achieved two-thirds majority in the House of Representatives, how it can not be so with that explain the provisions of the Constitution and monitor the constitutionality of laws and regulations and rule on disputes that arise between the federal government and the governments of the regions and the provinces and many other important terms of reference that are unique and not others, but the problem in the legislation of the new law to this Court is not to check two-thirds majority referred to above because of disagreements political blocs fail to agree on some paragraphs and not on the origin of law and remained in the House of Representatives included since approximately 10 years .. which led to prevent the formation of a new tribunal under which and the current Federal Court stayed exercised its terms of reference under Law No. 30 of 2005 which set out briefly Unlike Article 93 of the Constitution, which has expanded from its terms of reference by adding new terms of reference .. as that of Article 92 of it added to its members, judges new members of non-judges who are jurists and experts of Islamic law .. This is the part of the other side does not respect the desired amended law, but the performance problem Court whereby as the House of Representatives stabbed neutrality This court sees it robbed of their right to legislation proposed laws and Hapt the executive branch to the legislative branch account and suggested guaranteed by linking independent bodies by causing it to lose its independence and interpreted the constitutional provisions and laws according to Maakhaddmha, was supported by many observers, civil society organizations and political blocs Majrioah the House of Representatives in this regard in addition to the claims and public assurances reference the need for the judicial system which the court claims to be the head repair .. Due to prevent and address all of those problems must find a legal and realistic solution to this until consensus on the new draft law, enacted by a majority of two-thirds .. optimal solution which Nrtoah is a modification of the Federal High Court Act No. 30 for the year 2005 and adapted its articles of the Constitution and the materials included with paragraphs agreed between the political blocs in the new draft law found in the House of Representatives to prevent any obstruction to prevent new amended. And this amendment does not require a two-thirds majority but needs a simple majority in the House of Representatives possible to verify ..

1. amend Article 3 / A .. In addition to the class of judges of the Court are members of Islamic law experts and members of jurists .. with the need to point out that the selection of members of the Court reservists from the above categories in the same way that picks out key members.

2. amend Article 4 shall be: -

Federal Court holds the following: -

(A) terms of reference specified in Article 93 of the Constitution which, control over the constitutionality of laws and regulations in force, the interpretation of provisions of the Constitution, chapter in the issues that arise from the application of federal laws, decisions, regulations, instructions and procedures issued by the federal authority, ruling in disputes between the federal and state governments regions and provinces, municipalities, and local administrations, to settle disputes which arise between the governments of the regions or provinces, ruling in accusations against the President and the Prime Minister and the Ministers, to ratify the final results of the general elections for the House of Representatives, chapter in the conflict of jurisdiction between the federal judiciary and judicial institutions of the regions and provinces , chapter in the conflict of jurisdiction between the judicial institutions of the regions or governorates that are not organized in a region.

(B) the jurisdiction defined in Article 52 / II of the Constitution, which granted the right of appeal to the Federal Court decisions of the Council of Representatives for membership of a member's health.

C- Other terms of reference be added or added by the laws in force ..

For example .. not limited to granting of the Iraqi Nationality Act No. 26 of 2006 in Article 20 of the right of appeal to the nationality of the applicant and the minister of the Federal Court in addition to his job at the decisions issued by the Administrative Court ..

Also granted the parties and political organizations Law No. 36 of 2015 the right to appeal before the Federal Court in the decisions of the trial court solution on the party or political organization.

4. Amend article 5 / it shall be as follows:

((The Court shall not be valid unless two-thirds majority and issue decisions or majority agreement unless the provisions related to the fundamentals of Islam, or the principles of democracy, rights and freedoms set forth in the Constitution shall be by agreement, or two-thirds majority))

5. amend Article 6 / III and be

((Only the President and members of the Court to continue the service for 10 years and calculated from the date of the first meeting, but if he wishes to leave the service)).

Fourthly added to Article 6 and be ((Third paragraph shall apply to the President and members of the Federal Court the problem under the Act)).

6. Insert a new rule defines the conditions required in the members of the Federal Court and the destination chosen and the mechanism of their nomination with the need to allow for the Bar Association and the Union of Jurists to be one of those who nominate judges and not only in that the members of the Court and current members of the Supreme Judicial Council and the Judicial Council in the province. As well as non-monopolization of the Ministry of Higher Education for the nomination of jurists and preferably by a joint committee of professor of university specialists and members of the Bar Association and the Union of Jurists, as well as with respect to the Islamic jurisprudence experts and not rely entirely on the offices of Awqaf and Islamic in their choice as the text of the draft is currently in the Law Council House of Representatives.

8. possible modification of other materials pertaining to the service

The court in the salaries of judges and swearing and the issuance of Presidential Decree and so on.

Conclusion: - taken advantage of modification of the Federal High Court Act No. 30 of 2005 follows.

1. Change the President and members of the current Federal Court formats replaced by determining the duration of their work for 10 years and retroactively.

2. add new members from non-judges, according to the text of the Constitution and are jurists and experts of Islamic law to ensure that the legislation law that contradicts the established principles of Islam or democracy.

3. Add the terms of reference stipulated by the Constitution to the amended law to be consistent with it.

4. expand filtration views and not restricted to the courts and tribunals and the Ministry of Higher Education and the offices of the Islamic Waqf through the involvement of university professors, lawyers and human rights of the owners of well-known expertise flexible process unlike judges with legal texts literally.

5. find a legal and realistic solution as an alternative to my time and the lack of parking legislator arms folded because of the deadlock in the consensus on the legislation of the new law, especially that this solution requires a simple majority and not a two-thirds majority