Federal Supreme Court resolves 22 constitutional lawsuits last month

 

    Baghdad/ Sahira Ramadan 

    The Federal Supreme Court announced the resolution of 22 of the constitutional cases and requests for August.

The correspondent of the "Judiciary" reported that "the Federal Supreme Court considered several cases last month, including the lawsuit of the plaintiff the Bâtonnierof Iraqi Academics, which it rejected because of the lack of interest in its establishment, and the lawsuit included a request to challenge the constitutionality of the parliamentary decision No. (28/2021) issued on 31/January 2021 and cancel it from the date of its issuance and all the effects of it, and the decision was issued by agreement based on articles (93 and 94) of the Constitution of the Republic of Iraq for the year 2005."

She pointed out that "the court considered the case numbered (144/Federal/2022) concerning the request to amend the decision issued by the second defendant No. (130) on 6/4/2021 to ensure the equality of contractors and employees who perform equal functions in financial rights and determine them following the Civil Service Law and oblige it to pay daily employees a wage of not less than (350,000) dinars per month if they complete the working hours specified by the Labor Law and to grant them marital benefits, children and transportation similar to workers installed on owners. The court issued its decision by agreement to dismiss the case in form without entering into its basis based on the provisions of articles (4 and 1/80) of the Civil Procedures Law No. (83) of 1969 as amended."

She explained that "the court dismissed the lawsuit numbered (149/Federal/2022) for lack of a constitutional violation, which included the request for a ruling to annul the dissolved Revolutionary Command Council decision No. (1559) of 1978 (by which Law No. 189 of 1978 was promulgated the law of the dissolution of the Health Professions Syndicate) and what was based on it, and the request to restore its stolen rights arising from the invalidity of Law No. (189) of 1978 and the request for the re-entry into force of the Health Professions Syndicate Law No. 153 of 1969."

"The court also dismissed the plaintiff's lawsuit numbered (92/Federal/2022) for a request for a ruling to repeal the National Safety Law No. (4) of 1965," it said.

She added that "the court issued a decision to dismiss the case numbered (107/Federal/2022) containing the request for the ruling to annul the decision of the Council of Ministers taken in the session of the Council held on 5/4/2022, which included (authorizing the Minister of Oil / the second defendant to sign with the Coalition of Chinese Companies (CITIC) to refer a large strategic project to extend the Basra oil pipeline - Aqaba and bail of (9) billion US dollars to export Iraqi oil through Jordan."

She added that "the court issued a decision to dismiss the case and was publicly understood in the case numbered (159/Federal/2022) concerning the request to rule the unconstitutionality of Law No. (46) of 2013 published in the Iraqi Gazette of Facts No. (4297) which includes the annulment of the decisions of the dissolved Revolutionary Command Council numbered (1021 on 13/9/1983), (197 on 10/11/1994), and (145 on 18/6/2001) which allowed the judge and retired member of the Public Prosecution to belong to the Bar Association and plead before the judiciary as a lawyer, and since this law is contrary to the provisions of articles (19/1^st, 3^rd, 4^th, 5^th, and 98/1^st) of the Iraqi Constitution, as the legislator and the Supreme Judicial Council have worked to ensure that the judge has privacy and distinction in choosing his personality and ensuring his material sufficiency, and restricted his dealings by imposing duties on him to abide by them, including what is stipulated in the provisions of article (7/1^st, 2^nd, and 3^rd) of the Judicial Organization Law No. (160) of 1979 in force, to ensure the preservation of the high status of the judiciary and immunize it from any imperfection that could call into question its independence. and the independence of its members."