147 / Federal / 2019 Appealing the articles of the constitution is outside the jurisdiction of the Federal Supreme Court, which has jurisdiction to consider the constitutionality of laws and regulations in force. There is no way to appeal the articles of the constitution except in accordance with the mechanism that it organized to amend its provisions. 2021-06-21 11:16:00
27 / Federal / 2021 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place. 2021-06-21 11:13:00
17 / Federal / 2021 A- (The settlement of conflicts of jurisdiction in implementation of the provisions of Article (93/8th/a, b) of the Constitution of the Republic of Iraq for the year 2005, is one of the powers and competencies of the Federal Supreme Court, provided that it is between the federal judiciary and the judicial bodies of the region and governorates that are not organized in a region or between the judicial bodies of the region or the governorates that are not organized in a region, provided that the conflict of jurisdiction is raised by the judicial bodies and not by individuals.) B - (The cancellation of decisions issued by the judiciary is not within the jurisdiction of the Federal Supreme Court contained in Article (93) of the Constitution of the Republic of Iraq for the year 2005 and Article (4) of the Federal Supreme Court Law No. (30) of 2005 amended by Law No. (25) of 2021 .) 2021-06-21 10:51:00
9/federal/2020 The direct action lawsuit brought by natural persons (individuals) or private legal persons before the Federal Court requires the existence of a special interest, which is the known interest and the possible and verified situation, and that the plaintiff submits evidence that actual damage has been caused to him as a result of the contested legislative text, and that it has actual benefit result of the ruling of unconstitutional text or its abolition. 2021-06-17 11:16:00
90 / Federal / 2019 A- the member of the Council of Representatives enjoys objective immunity, which means that a member of the Council is not held accountable for the opinions he expresses and the facts he reports while exercising his work in the Council during sessions or one of the committees, as well as in the oral and written questions that are directed based on the powers granted to him by the Constitution. B - the member of the Council of Representatives enjoys procedural immunity, which means that a warrant of arrest against a member of the Council of Representatives may not be executed for crimes not in flagrante delicto except with the approval of the members of the Council by an absolute majority during the legislative term and the approval of the Speaker outside that period, and there is no need to obtain approval for the implementation of recruitment or arrest orders in misdemeanors, offenses and recruitment in felonies. C - An absolute majority means more than half of the total number of members of the Council of Representatives, wherever it mentioned, whether it is associated with the phrase (number of its members) or is abstract. As for the simple majority, it means more than half of the actual number of members of the Council of Representatives present after achieving a quorum for holding sessions with the attendance of the absolute majority. 2021-06-02 09:43:00
150 / Federal / 2019 Deciding on the obligation of the Chairman of the Council of Commissioners, in addition to his post, to approve civil status records as a basis for the voter register instead of the ration card records, does not fall within the limited jurisdiction of this court. 2021-06-02 09:40:00
68 / Federal / 2019 The legislator’s tendency in certain laws and specific crimes to not release the accused on bail at the stage of investigation and trial, is aware of him for the seriousness of these crimes and their negative impact on society and limiting their spread, does not make these texts in violation of the constitution, but rather is an actual translation of the requirements of the constitutional texts that concern proper building of the family and society. 2021-06-01 10:49:00
156 / Federal / 2019 The challenge to the constitutionality of laws out of force is outside the jurisdiction of the Federal Supreme Court in accordance with the text of Article 93/First of the Constitution of the Republic of Iraq for the year 2005. 2021-06-01 10:48:00
117 / Federal / 2019 The continuation of the work of the councils (provincial and district councils) after the end of their electoral cycle is in violation with the provisions of the constitution and the principle of peaceful transfer of power and the right of citizens to vote and to be nominated. 2021-06-01 10:46:00
6 / Federal / 2020 Legal personality is not granted except in accordance with the law, and that the filing of the lawsuit by the plaintiff in addition to his post, with his lack of legal personality, is a requirement to reject his lawsuit because he does not have the capacity that authorizes him to file the lawsuit. 2021-06-01 10:29:00
6/federal/2021 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it). 2021-05-21 03:49:00
7/federal/2021 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it). 2021-05-21 03:47:00
8/federal/2021 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place. 2021-05-21 03:45:00
10/federal/2021 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place. 2021-05-21 03:42:00
11/federal/2021 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it). 2021-05-21 03:39:00
12/federal/2021 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it). 2021-05-21 03:37:00
13/federal/2021 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place. 2021-05-21 03:35:00