Federal Supreme Court dismisses challenge against decision allowing the election of the Bâtonnier for more than two sessions
Baghdad/ JAMC
The Federal Supreme Court dismissed the constitutionality challenge lawsuit against the decision allowing the election of the Bâtonnierfor more than two sessions, asserting that there was no constitutional or legal provision prohibiting it.
"The court has heard a case to challenge the constitutionality of the decision of the dissolved Revolutionary Command Council No. 180 of 1977, which authorized the reappointment of a Bâtonnierand president of the professional union more than once," said Judge Abdul Sattar Berkdar, spokesman for the judiciary.
"By extrapolating the constitutional texts, the court found that it had not banned the election more than once, except as stipulated in article 27/1st which set the president's mandate as two," Berkdar said.
"The Advocacy Law of 1965 also wasn’t including any text that prevents the elections more than once," he said.
"The challenged decision on its constitutionality is still in force based on article 130 of the Constitution, and it has deactivated the provisions of article (84) of the Advocacy Law, which stated that the Bâtonniercould not be elected more than two sessions," Berkdar said.
"Article 6 of the constitution on which the plaintiff based his claim provides for the peaceful transfer of power and means that it is through the votes of the voters and this does not prevent the election more than once," he said.
"The court, therefore, decided to dismiss the lawsuit because there was no constitutional basis for it," Berkdar said.
