31 unified 32 / federal / 2021 on 2021-07-13 A request to oblige the Speaker of the Council of Representatives, in addition to his job, to include a specific text in the federal budget law that is outside the jurisdiction of the Federal Supreme Court because it is not stipulated in Article (93) of the Constitution and is in conflict with the principle of separation of powers.
1 / Federal / 2021 on 2021-07-07 1- the Principle: (The work is a right for all Iraqis in a way that guarantees them a dignified life in application of the provisions of Article (22/1st) of the constitution, but that right must be exercised in the light of the law and in a manner that achieves the public interest and equal opportunities. Iraqis are equal before the law without discrimination based on the provisions of Article (14) of the Constitution, but this equality does not mean that the legal rule applies to everyone, even those who do not meet the conditions of its application, but rather it applies to those who have the capabilities, conditions and qualifications that enable him to submit to its provisions without prejudice to the generality and abstraction that he must enjoy. that rule). 2- Principle: (The text in the law on appeals against unconstitutionality, that it is considered effective from the date of 31.12.2019, and is published in the Official Gazette in application of the provisions of Article (18) of it, does not conflict with the provisions of the Constitution, and the same applies to its retroactive effect, that article (19/9th) of the Constitution, which stipulates that (laws have no retroactive effect unless otherwise stipulated, and this exception does not include laws on taxes and fees), which means that the aforementioned text allows laws to have a retroactive effect if it stipulates that, as it is not related to taxes or fees, and since the contested law is not related to the imposition of a tax or fee, there is nothing to prevent its retroactive effect). 3- Principle: (Article (73) of the Constitution of the Republic of Iraq stipulates that (the President of the Republic assumes the following powers: … Third: He ratifies and issues laws enacted by the Council of Representatives / and are considered ratified after fifteen days from the date of their receipt), which means that there will be no interruption to the enforcement of the legislation and its applicability to its issuance and ratification by the President of the Republic because the concept of ratification and issuance is devoted to signing and publishing in the Official Gazette, and not the legislation that is within the jurisdiction of the legislative authority, which has the right to decide to count laws in force from the date of voting on them or from the date of their issuance or publication in the Official Gazette or on a date prior to or subsequent to the date of its issuance, or its retroactive effect based on the controls referred to in Article (19/9th) of the Constitution, and there is no follow up after the legislator in this except taking into account the public interest within the limits of his constitutional competencies, especially since the lack of ratification and issuance of laws by a president of the Republic, whose legislation has been by the Council of Representatives, shall be considered effective after fifteen days from the date of its receipt). 4- Principle: (Most of the constitutions in the world, if not all of them, including the Constitution of the Republic of Iraq for the year 2005, agree to restrict some rights, and this comes for many reasons, including preventing conflict with other rights or to prevent abuse of the rights of others or to achieve certain public interests, this must be done by law, that the restriction must be issued by the legislative authority and that it does not affect the essence of the right, and this was confirmed by the Iraqi constitutional legislator in Article (46) of it, which states: (restricting or limiting the practice of any of the rights or liberties stipulated in this Constitution is prohibited, except by a law or on the basis of a law, and insofar as that limitation or restriction does not violate the essence of the right or freedom). 5- Principle: (Some rights are of a nature that permits or sometimes necessitates restriction, and that the right to work, from which the right to employment is subdivided, is one of the rights that, by its nature, impose the necessity of restriction for a specific period of time that ends in its natural form with retirement and for several reasons, including the employee’s right to take a premium rest after a long service, and enjoying the remainder of his life with some freedom that the public office imposed many restrictions on, as well as in order to open the way for young elements and new capabilities to take their role in the public service and the management of public and private facilities, in addition to the time restriction to the right to work and the right to employment comes to avoid the decrease in the cognitive abilities of people when they age and to prevent its effects on the public job, which needs the continuity of its activity on a continuous and renewable basis). 6- Principle: (Originally, Iraqis are equal before the law, but this does not require equal treatment of those who are different in their legal positions, abilities or competencies, as long as this is based on objective foundations that contribute to achieving the public interest that the legislator seeks to achieve, and that the legislator in the law in question has excluded certain groups and distinguished it positively from others in terms of determining the retirement age, as he made it the completion of 63 sixty three years of age instead of the 60 sixty years prescribed for the necessity of referring the employee to retirement upon completion, based on objective reasons related to the abilities, competencies, skills, personal characteristics and ranks of the persons subject to the exception. scientific in addition to achieving the public interest by ensuring the continuation of the work of state institutions with the required efficiency, and this is what the constitutional legislator aimed at in Article (34) of the Constitution).
