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The Federal Supreme Court rejected a case of annulling inspectors general's offices

The Federal Supreme Court rejected a case of annulling inspectorsgeneral's offices, it pointed out that this annulment is based on a law issued by the Iraqi Council of Representatives according to its legislative options.

 

The spokesman of the Federal Supreme Court  Iyas al-Samouk  said '' the Federal supreme Court made its session headed by Judge Medhat Al-Mahmoud and the attendance of all judges who are members, and it tried a case of plaintiffs who quarreled the Speaker of Iraqi Council of Representatives- being in this capacity-.''

 

Iyas al-Samouk continued '' the plaintiffs of the original case and the unified cases challenged the unconstitutionality of Law No.(24) of 2019 of annulling the order of the temporary power of coalition, dissolved, No.(57) of 2004 which relates to inspectors general's offices.''

 

He added '' plaintiffs mentioned two reasons to initiate their cases: 1) Iraqi Council of Representatives has enacted the law, subject of the challenge, in extraordinary session while it was not included in its agenda in that session. 2) this law was not submitted by the executive authority, but rather by Iraqi Council of Representatives, although it includes financial aspects and affects the legal status of citizens.    

He pointed out that "the plaintiffs claimed that there is no national interest in the legislation of this law and that it differs with the orientations of the Council of Ministers in fighting corruption."

 

Iyas al-Samouk stated, "The defendant, the Speaker of Iraqi Council of Representatives /being in this capacity, responded to them that the inclusion of the vote on the law- the subject of the appeal- was made according to Article (37 / 2nd) of the Iraqi Council of Representative's bylaw.''

 

He mentioned, "The defendant confirmed that the legislation of laws- as the Supreme Federal Court went to in the decision numbered (21 / federal / 2015) and its unified case numbered (29 / federal 2015)- doesn't contradict the constitutional texts if it was submitted by Iraqi Council of Representatives itself, and it wasn't affecting the principle of separation of powers, does not impose financial burdens on the government, nor does it relate to matters of the judiciary.''

 

Al-Samouk added, “The Federal Court found from the prosecution audit and the defendant’s response, that the issuance of Law No. 24 of 2019 to cancel the dissolved coalition authority order No. 57 of 2004 was not in violation of the constitution.”

 

The spokesman explained, "The court confirmed that the law-under the challenge-  made no effect to the principle of separation of powers and it neither arrange financial implications for the budget, nor did it arrange financial obligations on the government, it didn't touch on an issue of the judiciary, and a legislative option came from Iraqi Council of Representatives according to its authority." Stipulated in Article (61 / First) of the Constitution, and no objection from the government has returned to him.

Al-Samouk added, that "the Federal Supreme Court, based on the foregoing, decided to dismiss the case because it has no substantiation from the Constitution."

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