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Disagreements about the nature and essence of the Federal Court Act amid a consensus not passed
3/14/15
BAGHDAD / Mary finest / ... prevented differences described Balhadh about the terms of the Federal Court Act without discussed extensively after the completion of the second reading of the center of a parliamentary consensus not to pass because it includes many of the issues that relate to the substance of the law and the nature of the legislation.
Where A member of the Legal Committee of the Kurdistan Alliance Amin Bakr, "and there are some legal and political remarks about the Federal Court Act," noting that, "the exchange of political opinions and suggestions about this law to reach a formula that satisfies all parties."
Bakr said in a statement the "eye Iraq News," "The House of Representatives has received the third version of the law of the Federal Court by the government," and expressed hope that "not be the political remarks about the law on the legal account so that complement one of them on the expense of the other."
He added that "the political orientations of some deputies will not pass this law in its current form and must be exchanged politicians among them suggestions and views on the law to reach a formula that satisfies all parties."
He said that "politicians should be accurate, legal and civil installed at the expense of political interest in the law," adding that "the Federal Court Act is important to the people of all the Iraqi people."
For her part, the Legal Committee member Ibtisam al-Hilali that the Federal Court Act will not pass in its current form because of constitutional and legal irregularities in it. "
Hilali said in a statement the "eye Iraq News" that the parliament read out the text of the Federal Court Act with its new first reading, and there are a lot of remarks about the paragraphs. "
She added that he "will be remarks about the inclusion of this law during the second reading," indicating that "the Federal Court Act will not pass in its current form."
In the same context, said legal expert Tariq Harb, the House of Representatives will not proceed with the Federal Court Act in its current form to the presence of many of the observations that relate to the substance of the law and the nature of the legislation, where the Constitution stipulated that the approval of two thirds of the members of any approval of the 220-member Parliament to pass any law.
He said the war in a statement the "eye Iraq News" that "it is difficult to approval by two-thirds of the members of Parliament on many of the issues contained in the draft law," noting that "any violation of the Federal High Court Act is one of the great issues and therefore can not be overcome."
War and added that "all politicians in parliament adheres opinionated so they find an agreement that satisfies all parties, particularly with regard to the nomination of the president and members of the Federal Court."
"The Federal Court where there are no quotas, but when the Federal Court issued a new law changing the judges entered the quota system."
He pointed out that "there are significant differences can not be agreed upon by the parties and blocs in parliament member on many of the issues where does compromise but the observations concerning the substance of the law and the nature of the enactment of this Act and therefore can not be passed in its current form."
The parliamentary bloc of virtue has objected to the passage of the Federal Court Act current Pencchth, where The head of the bloc MP Ammar Tohme, the constitution stipulated in the appointment of special grades and agents and members of some judicial bodies and other parliamentary approval, and members of the Federal Court applies to them this provision give indications Almtabqah or measuring priority.
He added, that the importance of the powers and terms of reference of the Court (constitutional control over the laws, the interpretation of provisions of the Constitution, the ratification of the results of the general election, and others) with the award decisions binding for all authorities and fortify the objection and debate underscores the need to authenticate the Parliament on the appointment of its members, to prevent inventory decision approve the appointment of members of minors by clergy limited partnership as narrow space in the selection of this important institution, which constitute the most important of the new democratic system guarantees.
He pointed to Tohme, that one of the terms of reference of the Federal Court is a chapter in the charges against the President and the Prime Minister how can imagine granting the presidency and the prime minister the power to appoint members of the Federal Court and is separated from the charges against them.
He said the head of virtue, that the period of service in the court is supposed to be no more than five years because prolong the period of service to the (12) years as stated in the draft law and with the absence of a regulatory point clear on the performance of the Court and its members and with the enjoyment of the functions of the task associated with the overall the political process and with the enjoyment of its Balalzam to all the authorities and not to object to them, all of these factors, noting recent political experience in Iraq does not encourage the granting of this long period of service to its members, especially if you add a bill to appoint members of the Court by people countless and they members of the three presidencies as the monopoly opportunities for future court decisions and political vulnerability approaching the actress in the three presidencies very possible and what is threatening to seriously threaten the stability of the democratic experiment in Iraq.
He Tohme, he, surprisingly, that includes a project of the Federal Court Act into force ordinances regarding members of the Court's period of service, and specifically (12) years, and adds another exception to the President of the Court and the current deputy, to continue the performance of their duties in the Federal Court for a period of two years following the expiration of the period stipulated in the Duration (
of the draft law and is (12) years.He stressed, that limiting the bill to apply the interpretation of provisions of the Constitution of the heads of federal and local executive authorities and the President of the House of Representatives, and proposed that grants the right to apply for the interpretation of provisions of the Constitution to include a number of members of the House of Representatives or a number of ministers.
And, that the requirement of the Constitution approval of the Federal Court Act two-thirds of the parliament members due to the wisdom and the owners are supposed observed in determining the mechanism of the amendment to the law of the future as the constitutional legislator's keenness to provide a base of support for a wide adoption of this law and is what is supposed to be available when you make any amendment to the law court in the future, and otherwise the flexible adjustment mechanism of the law unloaded the contents of the constitutional article that required legislation law thirds majority of the members of the House of Representatives.
He said Tohme, that reconsider the formulation of Article 12. Secondly, which stipulated in the Terms and constitutionality of laws decisions in terms of lack of opposition to the fundamentals of Islam 3/4 court approval of Islamic jurisprudence experts.
And the right is to be said (required in the Terms and constitutionality of laws decisions in terms of opposition to the fundamentals of Islam, the approval of 3/4 of Islamic jurisprudence experts from members of the Court), because the law if he is not opposed to the fundamentals of Islam, there is no need to submit the appeal because the appeal is to ensure that no opposition constants Islam and harmony with them and is available with this hypothesis, while we need to appeal to the Federal Court in the case of opposition to the law established provisions of Islam.
Tohme said, it is important requirement not to carry other non-Iraqi citizenship to all members of the Federal Court.
He added that the draft law stipulated that the Federal Court of two-thirds of the members present and issued decisions in subjects rivalry between the province and the federal government two thirds. These conditions verdict decisively differences and may cause crashes is constantly crises and political problems.
The "Iraqi Council of Representatives ended in (August 19, 2014) for the second reading of the law of the Federal Court during its regular, within the legislative term first headed by Salim al-Jubouri, and the presence of 217 deputies, came a decade after the parliament speaker a meeting with the legal from the House of Representatives to discuss the Federal Court Act and the Federation Council . ended 11
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