For violating the provisions of Article 142 of the Constitution. Federal Supreme Court overturns decision to revoke vice-presidents' positions

The Federal Supreme Court today issued its decision on the appeal against the decision to abolish the positions of vice-presidents.

 

"The Federal Supreme Court held its session today with its full members and considered the appeal against the prime minister's decision/ being in this capacity to abolish the positions of vice-presidents," said Judge Abdul Sattar Berkdar, the judiciary's official spokesman.

 

 

"The Federal Supreme Court found that the presence of one or more vice-presidents was required by article (69/2^nd) of the Constitution," Berkdar said.

 

"Accordingly, Law No. 1 of 2011 (The Vice-Presidents' Law) was passed to regulate the selection of one or more vice-presidents as well as their powers and how to finish their duties," he said.

 

"Then came article (75/2^nd/3^rd) of the Constitution, which mandated them to exercise the duties of the President of the Republic when he was absent or when his office was absent for any reason," he said.

 

 

"The judicial decision stated that the presence of one or more vice-presidents is a requirement stipulated in the constitution in the public interest to prevent a vacuum in the (executive power- presidency of the Republic)," Berkdar said.

 

 

"Therefore, the abolition of the post of Vice-President of the Republic means amending the provisions of the Constitution of the Republic of Iraq for 2005 by disrupting the provisions of articles (69/2^nd) and (75/2^nd/3^rd) without the method stipulated in article (142) of the Constitution, which requires such cases that the absolute majority of the number of members of the Council of Representatives approve the amendment and submit it to the people for a referendum," he said.

 

"Since the contested decision to abolish the positions of vice-presidents of the Republic was issued contrary to the article (142) of the Constitution, it is contrary to its provisions, which requires to judge its unconstitutionality," Berkdar said.

 

"Based on the provisions of article (93/1^st) of the Constitution, the Federal Supreme Court decided to judge that paragraph (2/1^st) of the first defendant's decision/ being in this capacity issued in number (307) and the date of 9/8/2015, which included the abolition of the positions of vice-presidents of the republic. The decision has been issued unanimously and decisively and made clear by the morning of 10/10/2016," Berkdar said