The Federal Court is preparing to hold its first session .. The provincial councils and budget appeals await
The Federal Court is preparing to hold its first session .. The provincial councils and budget appeals await
11/4/2021 18:08
[Baghdad-Where]
The Federal Supreme Court is preparing to hold its first session in its new formation tomorrow, after its members took the constitutional oath in front of the President of the Republic, Barham Salih.
According to sources, “there are several files awaiting the Federal Court, including the appeal submitted by members of the dissolved provincial councils of the parliament’s decision to dissolve it, as well as appeals in several paragraphs of the current year budget law.”
She added, “The work of the court has been suspended for nearly a year, and therefore there are many cases waiting for the new formation to be considered.”
Regarding the court’s work, the legal expert Tariq Harb said, “It remains that the court’s work is governed by the constitution and not by the law, anything that opposes the constitution, and nothing that opposes the law falls within its jurisdiction according to Article 93 of the constitution. For example, there is nothing in conflict with the constitution in the parliament’s decision to dismiss members of councils” The governorates, the parliament has not abolished the constitution’s rule regarding provincial councils, has not amended the constitution, and has not issued anything contrary to the constitution, which did not specify a period for the work of members of the provincial councils. Rather, it decided to lay off the members of these councils until new elections are held until two years have passed since they have completed their four-year election period and that the members of the provincial councils remain for a period of six For years despite the completion of the period, it violates the principle stated in Article (5) of the Constitution, which requires the transfer of power. ”
He added, “The parliament’s decision is constitutional, even if it deviates from the governorate election law, which decided to continue them because this is a legal issue. It does not fall within the jurisdiction of the Supreme Court because the jurisdiction of this court is in decisions that violate the constitution and the parliament’s decision is in line with the constitution, and what contradicts the constitution does not enter into its jurisdiction.” .
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