Arrest warrant on Shabibi .. The point of view of constitutional and legal
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  1. #1

    Arrest warrant on Shabibi .. The point of view of constitutional and legal

    QUOTE FROM THE ARTICLE - " With regard to dismissal or withdrawal by Shabibi from office, there is no him any support constitutional or legal at all if the Council of Ministers is the dismissal Shabibi the dismissal is not the prerogative of the Council of Ministers, but is constitutionally the validity of the House of Representatives exclusively by the Constitution Article 61, paragraph VIII item e (to the House of Representatives the right to question officials of independent bodies and in accordance with the procedures relating to the ministers has exempted by an absolute majority). Therefore, dismissal Shabibi by the Council of Ministers explicit violation of the constitution and that the decision is a decision of non-existent and if it was not for it is issued by a competent issuing limits exceeded its terms of reference . " http://www.alestiqama.com/news.php?cat=ara&id=813 : FULL ARTICLE : There is no doubt that the central bank has shown great competence and success testifies in cash management in Iraq since Mr. Shabibi this position in 08/30/2003 to today where maintained a stable exchange rate of the Iraqi dinar and the level of inflation can be described Mounillt or reasonable to some extent and was able to maintains a large cash reserve of about 67 billion U.S. dollars and succeeded in extinguishing 80% of Iraq's debt. It also has governor Shabibi good reputation and prestige in the middle of the Economic and Financial has features personal admirable and respect, it is the world and the owner of accumulated experience significant in the field of work and mental economic significant at the national level and the Arab and international and has previously worked in conferences and many international organizations and used his experiences several countries especially on the subject of debt amortization between states. His writings are references in the economic policies and debt management and the globalization of the economy and financial flows and economies of disarmament and others, has also been named one of the most powerful 500 Arab figure for the years 2011 and 2012 who were able to significantly influence in their communities in the assessment of Arabian Business magazine .

    Central banks have in the whole world, including Iraq autonomy in their work for the government as the State Bank and not the government., Where the nature of the work requires that enjoys full autonomy in the management of the national currency and foreign alike and everything related to its activities. So it has summed up the Constitution fully independent and make them responsible only to the House of Representatives as stated in Article 103 first - (Both the CBI and BSA and Communications and Media Commission and Endowment bodies financially and administratively independent law regulates work of each of them) and this constitutional text clear and explicit prevent the executive branch from interfering in the affairs of this body in any way as to prevent questioning the heads of independent bodies, but by the House of Representatives exclusively as limited exemption House without recommendation or proposal of the Council of Ministers also came in the eighth paragraph of Article 61 of the Constitution. The only thing that the law gave the central bank to the Prime Minister is right to nominate the central bank governor to be ratified by the House of Representatives .

    No one from the Iraqis, whether citizen or official can it deny Takeca phenomenon of administrative corruption at the top level in all aspects of the state and its institutions and the central bank of course is no exception to this phenomenon that silence Unfortunately post-tyranny worst handicap can be stigmatized by the institutions of any country in the world at all.'s no surprise that there is administrative corruption had accompanied the sale of currency or any activity that accompanied the day-to-day banking activities, but not surprising that there is no corruption in the auctions for the sale of cash this name that pales front of him Nqos and the heads of senior spoilers. But corruption employee or group staff in a circle is not supposed involvement president in this corruption and if there is corruption in the department is supposed corruption president, it means involvement all the heads of state institutions at all, without exception, and to eliminate the issuance warrants against them all from the President of the Republic and the end Bjbah wages water and electricity, because I do not think there is an institution of the state, including wrapped three presidencies free of administrative corruption .

    From here, the issuance of an arrest warrant against the central bank governor on the back of a suspicion of corruption in his department before the investigation with any employee is lower than before issuing warrant Bastkdamh a surprising really. Where he was able to judge who issued the arrest warrant to be issued is bringing to bank governor or his deputy to Istvhm him about suspicions of corruption in his constituency and listening him directly to his answers and clarifications about the circumstances of the case before it and then decide the next step required by the course of the investigation and integrity. Therefore, the issuance of an arrest warrant for al-Shabibi, a rank of minister so quickly and before the in-depth investigation and before استقدامه, raises many questions, despite what our confidence Bakdhatna and our judiciary in general with some reservations .

    However, to refer the case to the investigative body composed of three judges and prosecutors is a right step towards providing guarantee the safety investigation in the case of major importance concerning the most important monetary institution in Iraq.
    I invite Shabibi to appear before the investigative panel and clarify its position enhanced documentation and discrimination decision of the judge who issued the arrest warrant before the competent criminal court. This is the right way, which I would recommend to resort to it and I think it is the best way .
    With regard to dismissal or withdrawal by Shabibi from office, there is no him any support constitutional or legal at all if the Council of Ministers is the dismissal Shabibi the dismissal is not the prerogative of the Council of Ministers, but is constitutionally the validity of the House of Representatives exclusively by the Constitution Article 61, paragraph VIII item e (to the House of Representatives the right to question officials of independent bodies and in accordance with the procedures relating to the ministers has exempted by an absolute majority). Therefore, dismissal Shabibi by the Council of Ministers explicit violation of the constitution and that the decision is a decision of non-existent and if it was not for it is issued by a competent issuing limits exceeded its terms of reference .

    If the decision is to withdraw the hand as Mr. Ali al-Moussawi, media advisor to the Prime Minister, the decision to withdraw the hand did not touch him Constitution never for being a disciplinarian stipulated law discipline of state employees and the public sector No. 14 of 1991 in chapter V in articles 16 to 19 and this the law is the law disciplinarian applied by the Minister Mnzbém of staff who are to a lesser extent from any minister includes those who are the rank of Deputy Minister down and does not include ministers because the law put them punish Mnzbém and not reasonable to delegate law to the Minister that punishes himself. Therefore, the withdrawal of the hand-Shabibi contrary to the Constitution of the fact that the withdrawal of the hand does not go out to those who are the rank of minister If this law is not the Head of the Council of Ministers to punish his ministers, how empowered to punish the heads of independent bodies? Yes no law authorizes the Prime Minister to punish his ministers, but his only sack minister with the consent of the House of Representatives by an absolute majority and this right does not apply himself to the officials of independent bodies and private central bank because it is accountable to the Council of Ministers, but in front of the House of Representatives text of Article 103 II of the Constitution (the central bank responsible in front of the House of Representatives ..)

    From here there is no relationship of subordination between the Council of Ministers and the Central Bank under the Constitution and the law of the bank and it is not entitled to the Council of Ministers absolutely no intervention in the dismissal of boss not to withdraw his hand. Therefore, the decision to dismiss Shabibi or the decision to withdraw his hand two two مخالفان decisions of the Constitution and the Central Bank Act explicitly call Shabibi to bring a case before the Federal Court to rule unconstitutional decision and canceled for being issued by a non-competent issuing.



  2. #2
    Is this article saying Shabbs is innocent and that he cannont be removed becaused it was done unconstitionally?

  3. #3
    That is my read on the article and it is what NEWMONIES has been saying for a few days now.

  4. #4
    Senior Member newmonies's Avatar
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    the article is saying the situation was handled wrong... There was no need for the way dr. Shabibi was treated... However; there is nothing anyone can do at this point... Dr.shabibi has no choice but to defend himself in front of the 3 judges...

    "Truth is everlasting, but our ideas about truth are changeable. Only a little of the first fruits of wisdom, only a few fragments of the boundless heights and depths of truth, have I been able to gather"

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