Federal Supreme Court Rules on Case number 132 and its unified / Federal / 2022
The Federal Supreme Court shall consider:
- The members of the Council of Representatives after their election do not represent themselves or their political blocs, but rather the people, and therefore they were required to work to achieve what they were elected for, which is the interest of the people, and not to be a cause of disruption of their interests and a threat to their safety and the safety of the entire country.
2. The stability of the political process in Iraq obliges everyone to abide by the provisions of the Constitution and not to exceed it, and no authority may continue to exceed the constitutional periods indefinitely because this is contrary to the Constitution, the destruction of the entire political process and a threat to the security of the country and citizens.
3. The penalty imposed on the Council of Representatives for not fulfilling its constitutional duties is to dissolve the Council when its justifications exist.
4. The Constitution of the Republic of Iraq of 2005 has established the constitutional mechanism for the dissolution of the Council of Representatives under the provisions of Article (64/1st) thereof.
5. The jurisdictions of the Federal Supreme Court are defined by Article 93 of the Constitution and article 4 of the Federal Supreme Court Law and do not include the dissolution of Parliament.
6. The Constitution of the Republic of Iraq of 2005 did not ignore the sight of the regulation of the provisions for the dissolution of Parliament and therefore there is no room for the application of the theory of constitutional omission.
The purpose of the formation of federal authorities is for the purpose of applying the provisions of the Constitution in accordance with the powers of each authority in order to guarantee the fundamental principles on which the Constitution is based and to protect public rights and freedoms in accordance with the constitutional frameworks in order to ensure the preservation of civil peace and the unity of the country.
The general reality in the country is declining significantly, whether at the service level or at the level of the spread of financial and administrative corruption, which has greatly affected the citizen's confidence in State institutions and has greatly affected the living level of the people.
Also,The Federal Supreme Court shall consider:
The incomplete formation of the executive authority, despite the exceedance of all constitutional periods for the election of the President of the Republic and the formation of the Council of Ministers, and the failure of the legislative authority to carry out its constitutional duties, especially the adoption of the budget law as it legally relates to the sustenance of the people, is a violation of the provisions of the Constitution and a violation of the purpose for which those powers existed.
All constitutional institutions, state institutions, and parliamentary blocs must abide by the Constitution and all its articles and foundations without selectivity, interpretations, and special jurisprudence, as well as abide by the legal and administrative contexts in force and emphasize the unity of the state and the unity of policies drawn up following laws and regulations.
The difference between state institutions or between parliamentary blocs is not resolved by imposing the other opinion, but through effective legislative, executive, and judicial institutions, stressing the importance of working and participating in legislative and executive institutions, adhering to the legal powers of each authority and not interfering in the affairs of institutions, authorities and ministries contrary to the provisions of the Constitution.
The incomplete composition of the executive despite the exceedance of all constitutional periods and the failure of the legislature to carry out its constitutional duties, especially the adoption of the budget law, is contrary to the constitutional objective for which the legislative and executive branches were established.
