Principles issued by the Federal Supreme Court included in the decision of the ruling issued by the number 9 /Federal /2023 on 11/14/2023

 

 

 

 

 

The principles issued by the Federal Supreme Court included in the decision of the ruling issued by the number 9 /federal /2023 on 11/14/2023:

1. 1.     The president of any party forcing his candidates to submit requests for resignation, keep them and use them whenever he wants, violates the principles, constitutional values, and the provisions of Articles (5, 6, 14, 16, 17, 20, 39 and 50) of the constitution and represents a great deviation in the democratic process from its right path Most of the parliaments of the countries of the world were not familiar with, and it is not possible in any way to reduce the will of the people represented by the Iraqi parliament with the personality of the Speaker of Parliament.
2. 2.     The Federal Supreme Court has a ruling to end the membership of the deputy in the Council of Representatives, whose membership ended under the law, and to reveal this under the decision of its ruling if it violates its constitutional and legal obligations following the provisions of the constitution and the law, especially the law of the Council of Representatives and its formations, and stands at the forefront of those violations by the constitutional right and the Federal Supreme Court is a discretionary authority estimated following the facts, evidence and investigations that are conducted by it.
3. 3.     The Federal Supreme Court has the jurisdiction to decide on the challenge to the validity of the Representative membership, and the ruling issued in this regard is based on the termination of membership and does not reveal that, unlike its jurisdiction to rule on the termination of the Representative membership in the application of the provisions of Article (12) of the Council of Representatives and its Formations Law No. (13) of 2018, which is revealing of the case of membership termination. This was proven by law and that the defendant, Speaker of the Council of Representatives, used resignation requests submitted by the plaintiff after he distorted and changed them, which necessitated the termination of his membership.
4. 4.     It is not possible to rely on the provisions of Article (52) of the Constitution when the parliament member is proven to have committed constitutional and legal violations, especially perjury with the right stipulated in Article (50) of the Constitution because his membership cannot continue in the council, which requires the judgment to end and drop the membership.