Home
Quotas and balance impediments in the way of the Federal Cassation
Date: Thursday, 08.03.2012 9:43
Baghdad / Majid flood
is the Federal Cassation Court, the highest judicial body exercising control over all courts and is made up of the Court President and five Vice-Presidents and a number of judges not less than thirty judges, in addition to a number of bodies, the body extended and the General Assembly and the criminal and the civil and the personal status and the events,
However, this court is in the absence of a president, as well as non-completion of normal and which must be thirty judges, who meet certain conditions, can not judge to be in this body, but after serving a period of not less than twenty-five years in the work of the judiciary, In view of what it represents this body of importance, the Constitution stipulates that the appointment of the judges by voting on them by the House of Representatives, and the body to suffer for some time for quite some time incomplete record straight, and it seems that the reason for this is due to political reasons, a spokesman for the Supreme Judicial Council judge Abdul Sattar Bayraktar said that the parliament has not ratified the Chairman of the Commission or any other judge since 2006 and until the present time, and added Bayraktar said in an interview with the range yesterday, "that the constitution stipulates that the ratification of the judges of the Federal Court of Cassation by the House of Representatives, explained Bayraktar "Since the session of Parliament past and to the months close and we send lists of judges to parliament, but there is no significant result," On the reason for the reluctance of the House of Representatives for resolution of this issue which is of importance because of its friction and contact the lives of citizens between Bayraktar "from our side is the nomination of judges according to criteria objective, and are available in the judges nominated conditions alone and perhaps the most important of efficiency, integrity and vast experience, and when we send the lists to the House be rejected "and the reasons for rejection of the continuing said Bayraktar," They (the House) want to be the nomination of judges in accordance with their terms, which can we say Quite frankly, want to subject the Federal Cassation Court to quotas, and this criterion we reject out of hand, so the resolution of this issue has become a thorny and complex, we refuse to politicize the judiciary, and they pay unlike what we want. "
and the current situation and with the presence of this large gap experienced by the He said Bayraktar, "the presence of 19 judges with a huge amount of issues, of course, this will generate considerable pressure on them, if Maalmana that the issues presented in the last year, amounting to a million and a hundred cases, was resolved 95% of them, and this shows the great momentum and the effort made by the judges, They are, as we know are ahead in life does not bear all this pressure, we need to increase their number "and the effects of this lack of numerical and qualitative at the same time stamp Bayraktar his speech by saying" work will be affected significantly, and as long as parliament does not resolve the Thread So we only need to extend the work Some judges who arrived at the age of retirement, a solution is real and not helpful, "Some judges accept the extension for the national interest," adding that "some judges, whose numbers swelled to four have been murdered has not been compensated by others, and this is another burden."
on the one hand the other was considered a member of the Legal Committee of Parliament, that the status of the Federal Cassation in this way creates confusion great work of the judiciary, and the fact that the House vote on the lists submitted by the Judicial Council, member of the Committee Deputy Hassoun Fatlawi that "the Judicial Council sent the names of the judges of the vote, But there was a request from the National Alliance to postpone the vote "and the reason for this delay explained Fatlawi that the motives that lie behind it are the agreements that govern the political blocs, which can be summarized the subject (balance), returned him Palmariql great is not in the performance of the work of the Federal Cassation Court, but in all state institutions. He Hasnawi "I think that the institutions and bodies is a professional, not political, it is supposed to be a choice not on the basis of balance, but on the basis of competence and integrity, not harm to have these judges from one sect that is available including those standards."
At the end of his speech unfortunately Fatlawi for "if the discrimination," calling the presidency of parliament to "include the topic on the voting for the resolution of this problem."
[You must be registered and logged in to see this link.]
