The Supreme Judicial Council Act

January 12, 2017

In the name of the people

Presidency

Based on what passed the House of Representatives and approved by the President of the Republic based on the provisions of subsection (I) of Article (61) and item (iii) of Article (73) of the Constitution.

Issued the following law:


No. () 2016

Law of the Supreme Judicial Council

Article 1 A council called the (Supreme Judicial Council) enjoys legal personality and financial and administrative independence and is represented by the President or his nominee, based in Baghdad.

Article 2 First: - The Supreme Judicial Council is composed of:

1. President of the Federal Court of Cassation - president

2. Vice-Presidents of the Federal Cassation Court - members

3. Chief Prosecutor - member

4. Chief of judicial supervision - member

5. Heads of the Federal Courts of Appeal - members

6. Chairmen of the judiciary in the provinces - members

Second: The oldest members of the Council, replaces the president during his absence for any reason whatsoever.

Article 3 of the Supreme Judicial Council takes the following tasks:
I. Department of judicial bodies.
Second proposal of the annual budget for the federal judiciary system and presenting it to parliament for approval.
III nomination of the members of the Federal Supreme Court judges.
Fourth: - the nomination of the President of the Federal Cassation Court and its judges and the head of the judicial oversight body and send nominations to the House of Representatives for approval.

Fifth: - appoint a qualified candidate for the post of deputy head of the Federal Cassation Court and the President of the Federal Court of Appeal and vice president of judicial oversight body and send nominations to the House of Representatives for approval.

Sixth: - appoint a qualified candidate for judges and sending nominations to the Presidency of the Republic to issue a republican decree so.

Seventh: - promotion of judges in the federal courts, transfer, assignment and re-serve and manage their professional affairs according to law.

Eighth: - the extension of service of judges and retired in accordance with law.

IX formation of judicial bodies and committees in the federal courts.

X. propose bills on the federal judiciary's affairs.

Eleventh: Hold judicial agreements and follow up their implementation in coordination with the Ministry of Justice.

Second session: - establish a committee of judges affairs according to law.

Article 4 of the Council to authorize some of his duties to the President of the Council.

Article -5 I. Board meets once a month at least, shall constitute a quorum in the presence of a majority of the number of members and decisions are taken by a majority vote of those present, and when parity is likely to side, who voted with the president.

Second - called the President of the Council scheduled for the Council, The Report of Council meetings dates and agenda, and the codification of a lecture, and edit Mkhatabath, and communicated to the relevant authorities, and follow up the implementation of Council decisions.

Article 6: - General Department of the Supreme Judicial Council is composed of the following configurations: -

First: - Judge Affairs Circuit.

Second: - Financial and Administrative Affairs Department.

Third: - investigators and Almaonyin judicial circuit.

Fourth: - Department of Public Relations and Legal Affairs.

Fifth: - general judicial guards circle.

Sixth: - Judicial Development Institute.

Seventh: - Media Center to the Supreme Judicial Council.

Eighth: - financial audit and internal control department.

Article 7
First: it runs each of the chambers provided for in Article (6 / I / II / III / IV / V) of the Act entitled employees (Director General) holds a university degree previews least.

Secondly assists the Director-General of employees entitled (assistant general manager) holds a university degree and previews of the least experienced and competent and assume the tasks assigned by the Director-General.

Third, it manages configurations set forth in items (vi) and (vii) and (VIII) of Article (6) of this Law, an employee in the third degree in the least, and holds a university degree and previews of the least experienced and competent>

Article 8 defines divisions formations provided for in Article (6) of the Act and its functions instructions issued by the head of the Supreme Judicial Council.

Article 9 Chairman of the Supreme Judicial Council issued instructions to facilitate the implementation of the provisions of this law.

Article 10 repealed the Coalition Provisional Authority Order (dissolved) No. (35) for the year 2003.

Article 11 of this Act shall be the date of its publication in the Official Gazette.


The reasons

In order to regulate the composition and terms of reference of the method and the rules of the functioning of the Supreme Judicial Council in line and developments in the constitutional, legal and judicial field in Iraq and with a view to the exercise of his powers stipulated in the Constitution.
Initiated this law

Source