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Federal Court Renews Its Attitude on Dissolution of Parliament and Resignation of Sadrist Bloc Members and Sets Conditions for Holding Elections

 

 

 

Baghdad – INA

Photography by Safa’a Alwan

    The President of the Federal Supreme Court, Jassim Mohammed Abboud, stressed that the Iraqi constitution is the result of the will of the people and expresses their interest, and while referring to the amendment of the electoral law, he explained his position on the resignation of the Representatives of the Sadrist bloc and the dissolution of the Council of Representatives.

Abboud added in an interview with the Iraqi News Agency (INA), that "all federal authorities must work under the Constitution to put the interest of the people in their calculations when any action, pointing out that the Federal Court under article 93 of the Constitution exercises its powers starting with monitoring the constitutionality of laws and interpreting texts in addition to the mentioned competencies."

 Guardianship of the Constitution and Dissolution of Parliament

"The purpose of the Federal Court is to safeguard the constitution and prevent the abuse of powers," he added, stressing that "no proposals have been made by us regarding granting the Federal Court wider powers."

He added that "the problem that Iraq is going through is not in the constitution or the competencies of the Federal Court, but the problem in the application of the constitution and mishandling it," noting that "the dissolution of the Federal Court or the replacement of its members or how to refer members to retirement is done through the Constitution, and that the Federal Court is a financially and administratively independent judicial body and exercises its powers following what is stated in the Constitution."

"The Federal Court is the guard over all powers so that they do not exceed the constitution and it is not its prerogative to dissolve parliament and that the constitution has drawn up the ways and bodies that have the right to dissolve it," he said.

Resignation of Sadrist Bloc Members

He pointed out that "the issue of the return of the resigned representative cannot give his opinion in this regard because it becomes the subject of discussion among all members of the court and therefore must be discussed in a constitutional light," pointing out that "there are several lawsuits filed regarding the resignation of the deputies of the Sadrist bloc and some of them have been rejected because the method of their establishment is incorrect, while other cases are still pending that will be considered in due course."

He stressed that "the lawsuit filed to challenge the resignation of the representatives of the Sadrist bloc was not carried out by the stakeholders (Sadrist Movement) but was filed by parties that have no legal relationship with this issue," pointing out that each lawsuit has its circumstances, but the interest of the Iraqi people is above all. 

Elections Law

"The Federal Supreme Court has ruled that a section of the articles in the electoral law is unconstitutional and parliament must enact legal articles within the law to replace these articles and no elections can be held unless the electoral law is fully completed, including the articles that have been repealed," he said.

He pointed out that "the election of the President of the Republic in accordance with article 70 is clear and cannot be exceeded, and that the court applies the constitution in accordance with the supreme interest of the people," pointing out: "In constitutional jurisprudence, there is the subject of reversal, and this is possible for the constitutional courts to modify some of their opinions regarding legal principles, and not regarding judgmental decisions issued by the Federal Court."

He pointed out that "the Federal Court if it considers that it is in the interest of the people to reverse its opinions, it will change its consideration in a way that does not contravene the Constitution."

He added that "the representative does not represent himself but represents all the people and the parliament must work in the interest of the people, especially the legislation of the budget law," noting that "the failure to complete the federal powers, including the executive branch, was not completed due to the non-election of the President of the Republic, and that the Constitution created the powers for the benefit of the people and not for their benefit."

Budget Law

He pointed out that "the members of parliament are not only their tasks to work in parliament, but they must work for the interest of Iraq," pointing out that the current government is a caretaker government and cannot send the budget law, and the legislative authority must overcome differences and work for the people, noting that "the Federal Court has not been presented to it concerning the budget law in the caretaker government."

He added: "The budget law can only be sent to parliament by a permanent government," pointing out that Iraq now suffers from two big things, the first of which is political differences and the second is corruption and not the problem of Iraq in the constitution.

Political blockage

He clarified that "the main cause of the political blockage in Iraq are political differences," noting that "corruption hinders the building of the state, which is now two types: corruption of great importance, and the other of less importance, and that the Iraqi citizen has lost his confidence in the public function, public money is inviolable and must be protected."

He explained that "the supervisory bodies represented by the Federal Board of Supreme Audit and the Integrity Commission have not yet put an end to corruption in Iraq, and the state cannot be built as long as social justice is absent, and there is no real intention to end corruption."

He explained that "the caretaker government in general considered resigned, and does not have the right to dismiss ministers or appoint higher degrees, and there is a lawsuit filed regarding the resignation of Finance Minister Ali Allawi and set a date for its consideration."

Oil File

He pointed out that "oil and gas are the property of the people, and must be acted upon by the people, not a particular authority, and that the Federal Court said its statement regarding oil and gas in the Kurdistan region and the implementation of this decision lies with the competent authorities according to the interest of Iraq and not to sacrifice its interest." 

He pointed out that "the establishment of the National Oil Company and the assignment of Minister Ihsan Abdul Jabbar is illegal and the Federal Court has already been challenged before it by a previous decision of the law of the company and annulled many substantial articles, and thus the formation of the National Oil Company cannot proceed with the abolition of these articles unless other articles are legislated to replace the articles annulled by the Council of Representatives.

 

 

 

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