Eliminate disturbed by the House of Representatives: "Supervision Commission Law" violates the principle of separation of powers

07/29/2016 (21:01 pm) - The number of readings: 140

BAGHDAD / long - Presse

The federal judiciary expressed extreme annoyance to some paragraphs of Judicial Oversight Authority Act, and while confirming that one was to allow a member of the House of Representatives to refer the judge to investigate, and found that a clear violation of the principle of separation of powers contained in the Constitution.

Under the supervision of the judicial authority law to constitute a body of judicial oversight body with the moral personality called is one of the components of the judiciary is composed of a chairman and a vice-president and a sufficient number of judicial supervisors.

It handles this body control and supervision of the good performance in the federal courts except the Supreme Federal Court .walrkabh do good judges and public prosecutors judicial and administrative duties prescribed by law.

It also provides that the President of the judicial oversight body if it appears to him the commission of a judge or public prosecutor error is serious to bring him a book at the invitation not to go back to like it in the future and are given a copy of this book to the Chief Justice of the Federal Council and the President of the Appeals competent or head prosecutors so if one regards public prosecutors. as if it was a grave error, or would affect the dignity of the judiciary at the head of the body that it is presented to the President of the Supreme Judicial Council to decide what the federal sees fit.

The spokesman for the judiciary Judge Abdul Sattar Bayrakdar in an interview (range Press), "The judicial oversight body voter law by the House of Representatives involves paragraphs constitute a flagrant violation of the constitution and the nature of judicial work."

Bayraktar said, that "the law granted to a member of the House of Representatives the right to refer the judge to investigate," pointing out that "this house is clear interference in the work of the judiciary."

The official spokesman for the judiciary said that "the text of the Constitution on the Chief judicial oversight body to a vote in the House of Representatives, and although it is an exception from the original, the new law expanded this exception and enjoined Vice-Chairman of the body as well," noting that "the law authorized the judicial supervisor, a judge of the class II, supervision and inspection of the members of the Federal Cassation they are also judges of the special class. "

Bayraktar said that "the supervisor needs to service may exceed twenty years to become a member of this court and therefore does not have the experience and qualifications of judges in order to be granted the power to supervise them."

For his part, member of the Supreme Judicial Council, and the President of the resumption of the Rusafa Court, Judge Jassem Mohammed Aboud said in an interview to the (long-Presse), that "the law will affect about negative in the work of the courts," stressing that "beatings and clear to the Constitution, which devotes special materials to organize the work the judiciary, which is otherwise as provided for in article 47 the separation of powers. "

Turn magistrate money laundering and economic crime Iyad Muhsin said part of the interview (range Press), said that "what is stated in Article 3 / Seventh-in-law and granted to a member of the House of Representatives to refer the judge to investigate is a clear violation of the principle of judicial independence enshrined in the Constitution." .

Ligature and explained that "the law directly affects the principle of separation of powers, which is the pillar of the democratic system," adding that "the current text of the most dangerous provisions legislated by the House of Representatives; because it significantly undermines the independence of judges and the courts."