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The Federal Supreme Court's decision in case number (50/federal/2022) on 26/7/2022:  

    Federal authorities, including the executive power, must operate within the framework of the principle of legitimacy and the rule of law, even if they use their discretionary powers in order to accomplish their functions, so that their use of their discretionary powers is not absolute but restricted within the limits of the control exercised by constitutional institutions, including the Supreme Federal Court, in accordance with the provisions of article (93/3rd) of the Constitution of the Republic of Iraq 2005, and the issuance of a decision involving the assignment of a particular person to a position by the Council of Ministers must be taken into account. In that person the requirements of scientific and practical experience, integrity and efficiency, away from suspicions of corruption, in the best interests of the country, the ability to strategic planning and face crises of all kinds and take all steps to preserve public money, on him and when presented the Federal Supreme Court decided to rule on the following:

First: the plaintiff Saad Hamid Kambsh's case regarding the request to cancel paragraph (1) of the Diwani order numbered (450) on 6/3/2022 included (ending the assignment of Mr. Saad Hamid Kambash from the tasks of running the Affairs of the Sunni Endowment Office as acting), and considering the termination of his assignment valid.

Second: the ruling that the statement in paragraph (2) of the Diwani order (450) on 6/3/2022 included (assigning Mr. Abdul Khaleq Medhat Malik to the functions of acting head of the Office of the Sunni Endowment) and its abolition.

Third: the decision of the Court of Justice of Employees in the numbered case (819 /Mim/ 2022) on 11/5/2022 considers the number of the decision (1176 /2022) non-existent for its issuance contrary to the jurisdiction of the said court, as it falls within the jurisdiction of the Federal Supreme Court based on the provisions of article (93/3rd) of the Constitution of the Republic of Iraq 2005.

The decision has been issued unanimously, decisive and binding for all powers. The decision has been made clear in public.

 

 

 

 

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