Pressure campaign to legalize the Federal Court Act 12/26
Pressure campaign to legalize the Federal Court Act
Baghdad, Omar Abdel-Latif
Legal Committee in the House of Representatives confirmed the need to put pressure on political blocs after the legislative term holiday to speed up the enactment of the Federal Court Act, saying he was still «a standstill.»
Despite the optimism Chairman Mahmoud Saleh al-Hasan two months ago legitimizes during the next term, but the decision of the Committee Hassan Turan, said: «any developments at the Federal Court Act did not arise because of the survival of the differences of the political blocs list so far», adding that «the country calling for reforms Daily and at the highest levels, and reform of the judiciary is subject to the legislation of the Federal Court Act ».
For the delays
He asked Tauran in his statement »Sabah», for justification which is marketed by the political blocs to the audience at the present time, a delay enactment of the law, noting that one issue remained in regards to decisions between the center and the region, it is absurd, but we find a solution that satisfies all parties, or at least if no agreement is reached it could be submitted to the House of Representatives vote on the resolution was adopted by a two-thirds being one of the laws that need to Zlk.oukll Turan from the fear of some of the blocks sheds block on the other if the received law proposals and then vote by two-thirds majority, a proposal that identifies body Presidential certain period to agree to this law, otherwise the proposal raises more then two-thirds majority vote in Parliament on the proposal, which he sees more sense.
The head of the Supreme Judicial Council, Judge Medhat al-Mahmoud, between the earlier »Sabah», said the council began to rewrite the Federal Supreme Court Act which are for the first time in the history of Iraq and would consider the constitutionality of the legislation and the actions of the legislative and executive branches, noting that «when writing Tojsna that its members and its president must change, passage of a certain period until the renewal of ideas, provided that interrupted for background », adding that the time limit for the President and members of the court was a life like other constitutional courts, as in the United States, for example, noting that the Council after the new law reducing the duration and reach to be a time limit of 12 years, which is nearing the end for the Court to allow ideas and new people to take over and we left the issue of choice.
The absence of political work of the Court did not rule shrubs.
He noted that there are views of Mahmoud says he should be chosen president of the court and members of the legislature, and the other believes that the choice to be the task of the executive branch.
Article I of the Federal High Court Act No. 30 of 2005 (establishment of a tribunal called the Federal Supreme Court and be based in Baghdad exercise its functions independently with no authority over them other than the law), while the second article states that the (Federal Supreme Court is an independent, financially and administratively) , either Article III provides that (the Federal Supreme Court shall consist of a chairman and eight members are appointed by the Presidency Council upon nomination by the Supreme Judicial Council in consultation with the Judicial Councils of the regions).
Functions of the Court
Article IV stipulates (take over the Federal Supreme Court Chapter tasks disputes that arise between the federal government and the governments of the regions and the provinces and municipalities, and local administrations, and to settle disputes relating to the legitimacy of laws, decisions, regulations, instructions and orders issued by any party has the right to be issued and the abolition of that contradict them with the provisions of the law Iraqi State Administration for the transitional period, and this is at the request of a court or official or of a prosecutor interested party, and the consideration of appeals on judgments and decisions issued by the Administrative Court, and consider claims filed before them as an appellate regulates the competence Federal Law).
Judgments and decisions
In Article V that (invite the President of the Court of its members to the ahead of schedule well in advance and accompanied by a book advocating business and related documents table does not have the Court valid only in the presence of all its members and issue judgments and decisions by simple majority, except for the provisions and decisions of the separation in winning disputes between The federal government and the governments of the regions and the provinces and municipalities, and local administrations was needed to issue a two-thirds majority, while the judgments and decisions issued by the Federal Supreme Court, which they are final).
And Article VIII that (President of the Supreme Federal Court is responsible for the management and has authorized some of his powers to a member of the court, and appoints the head of the Federal Supreme Court, the court staff and seen in their affairs all), Article IX provides that (the Federal Supreme Court issued an internal system determines the procedures governing the functioning of the court and how to accept applications and procedures for advocacy and facilitate the implementation of the provisions of this law and this system shall be published in the Official Gazette).