Federal Court: Reply decision to abolish the positions of president of the republic does not mean their return
Federal Court: Reply decision to abolish the positions of president of the republic does not mean their return
11/10/2016 0:00
BAGHDAD / morning / Muhannad Abdul Wahab
confirmed the Supreme Judicial Council, on Monday, that the Federal Court ‘s decision to cancel the decision of Prime Minister Haider al – Abadi to abolish the posts of Vice President of the Republic did not address the issue of the three vice – presidents to the office, explaining that he was a lawsuit filed by a coalition leader united Osama al.
, said the spokesman of the Supreme Judicial Council spokesman Abdul Sattar Bayrakdar, in explanation of the decision of the Federal Court: ” the decision to abolish the posts of vice President of the Republic stipulated in articles (69) and (75) of the Constitution is an amendment to the Constitution without the path charted by the Constitution to amend stipulated in Article (142) of which requires a decision by the House of Representatives amendment and a referendum of the Iraqi people it , “noting that” the decision of the Federal Supreme Court was based on a petition filed by Osama Najafi unconstitutionality did not mention the decision to restore or not to restore the vice – Presidents Republic Iyad Allawi and Nouri al – Maliki and Osama al. , ”
the Federal Supreme Court has issued, on Monday, its decision regarding the lawsuit appeal filed against Prime Minister Haider al – Abadi ‘s decision on the abolition of the posts of vice President and confirmed the void.
He explained the spokesman for the judiciary , Abdul Sattar Bayraktar, said in a statement , that ” the Federal Supreme Court held its plenary considered the grounds of appeal the decision of the Prime Minister Add your function to cancel the posts of Vice – President of the Republic , ” noting that ” the Federal Supreme Court found that the presence of one or more Deputy President of the Republic is compelled to Article (69 / II) of the the Constitution. ”
he said Bayraktar that” the construction of law No. 1 for the year 2011 ( the Vice President of the Republic Act) to regulate the choice of one or more Deputy President of the Republic, as well as their powers and how to end their duties, “he said . ” then article came (75 / II / III) of the Constitution Vonatt their exercise of the functions of the President in his absence or when the post is vacant for any reason whatsoever. ”
he noted the official spokesman for the judiciary that” the judicial decision said that the presence of one or more Deputy President of the Republic oblige the text of the Constitution requiring the public interest to prevent a vacuum in the (executive branch – presidency of the Republic) , “noting that the ” Cancel position of vice president means amending the provisions of the Constitution of the Republic of Iraq for the year 2005 to disrupt the provisions of articles (69 / II) and (75 / II / III) thereof without style provided for in Article 142 of the Constitution , which requires in such a case the absolute majority approval of the members of the House of Representatives on the amendment and present it to the people for a referendum. ”
Bayraktar said , ” and that ‘s where the contested decision to be unconstitutional abolition of the posts of vice President of the Republic issued contrary to what was drawn by Article 142 of the Constitution shall be contrary to the provisions requiring government to be unconstitutional “.oovad judiciary spokesman as a ” build it and according to the provisions of Article (93 / I) of the Constitution of the Federal Supreme Court decided to rule unconstitutional the paragraph (2 / I) of the decision of the first defendant in addition to its function of number (307) dated 9 / 8/2015, containing the cancellation of the posts of vice President of the Republic, and was sentenced in agreement on the morning of 10/10/2016. ”
Furthermore, counting the deputies of the Federal Supreme Court decision binding on the government and everyone re – posts of vice – President of the Republic, especially as the court ‘s decisions are final and conclusive, stressing that the problem in the decision of the first inauguration , which is unconstitutional.
integrity Committee member of the parliamentary Mohammed fact, between the issuance of the Federal Court decision the return of three deputies to the President of the Republic is a binding decision, referring to the need to discuss the decision of the inauguration , which is contrary to the Dstr.oadav in a statement the “morning “the vice president ‘s inauguration decision was a political decision and political deal and satisfaction of Thoughts, stressing the need to talk to the decision inaugural first Congress President concentration which is unconstitutional as the Constitution does not refer to the presence of three deputies, but the only one and there is a near vacuum in the text constitutional been using it in time for the inauguration of three deputies, pointing , saying: “if the decision of impeachment is unconstitutional, the decision of the inauguration is unconstitutional and unfortunate and unfair no point in it at all.”
Liberal bloc in Parliament , in turn stated by refusing to return the vice President of the Republic to their positions in the light of the political reforms called by the people, noting that the return of the vice President weigh the shoulders of the direct state unannounced to collect signatures for the legislation Cancel posts of vice – President of the Republic Act , “said the MP for the bloc Zainab al – Taie in a statement the ” morning “: that” those positions ceremonial and will be re – allocated three new budgets Congress President of the Republic , “pointing to the presence of more than a professional political coca in some judiciary decisions, pointing out that the mass will follow legal ways to cancel the posts of vice – President of the Republic, for his part praised the MP for the mass independent Taha defense that the Constitution , in Article 69 forgave President of the Republic choose one or more deputy and regulated by law, stating that ” the Vice President of the Republic Act did not specify the mechanism of selecting vice presidents were selected according to a basket of one political consensus , which is contrary to the paragraphs of the Constitution.” Slack said in a statement the “morning”: “The President of the Republic positions guaranteed by the Constitution so the Federal Court ended the debate between the House and a presidential republic and the Cabinet to overturn the decision and restore the House of Representatives , ” hinting that re – posts of Vice – President hamper the reform process and will contribute to the increase in expenses, but he also but ” the opinion of the Federal Court binding has taken its decision in this matter which is at the heart of its duty to adjudicate constitutional disputes” .otry MP Sajida Mandarin, an alliance of the Iraqi forces , “said the Federal Court decision binding but is expected to adopt a constitutional text gives the right to the president to have two deputies. ” And it showed Mandarin in a statement the “morning” the importance of amending the Constitution before proceeding to step Cancel positions of Vice – President to cut the road in front of those who provide CHALLENGES in the Federal Court, was attributed Cancel posts of Vice – President for reform within the economic side , and reduce costs and to prevent wastage of public funds.
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