The text of the Federal Court’s decision on the dismissal of the lawsuit to dissolve Parliament
The text of the Federal Court’s decision on the dismissal of the lawsuit to dissolve Parliament
2022-09-07
Today, Wednesday, the Federal Court decided to reject the lawsuit filed regarding the dissolution of Parliament.
In a statement, the court said, “The Federal Supreme Court is ruling the case numbered 132 and its units / federal / 2022.”
She added that “the Federal Supreme Court considers:
1. The members of the House of Representatives, after being elected, do not represent themselves or their political blocs, but rather the people. Therefore, it was necessary for them to work to achieve what they were elected for, which is the people’s interest, not to be a reason to obstruct their interests and threaten their safety and the safety of the people completely.
2. The stability of the political process in Iraq requires everyone to abide by the provisions of the constitution and not to exceed it, and no authority may continue to exceed the constitutional periods indefinitely, because this is in violation of the constitution and the demolition of the entire political process and a threat to the security of the country and citizens.
3. The penalty imposed on the House of Representatives for not carrying out its constitutional duties is to dissolve the House when there are justifications for it.
4. The Constitution of the Republic of Iraq for the year 2005 has drawn up the constitutional mechanism for dissolving the Council of Representatives in accordance with the provisions of Article (64/First) thereof.
5. The jurisdiction of the Federal Supreme Court is limited by Article (93) of the Constitution and Article (4) of the Federal Supreme Court Law and does not include the dissolution of Parliament.
6. The Constitution of the Republic of Iraq of 2005 did not overlook the regulation of the provisions for dissolving parliament, and therefore there is no room for applying the theory of constitutional omission.
The court noted that “the purpose of the formation of the federal authorities is for the purpose of implementing what the constitution came with in accordance with the powers of each authority in order to guarantee the basic principles on which the constitution is based and to protect public rights and freedoms in accordance with the constitutional frameworks in a manner that secures the preservation of civil peace and the unity of the country.”
She explained that “the general reality in the country is in a significant decline, whether at the service level or at the level of the spread of financial and administrative corruption, which has greatly affected the citizen’s confidence in state institutions and greatly affected the standard of living of the people.”
And earlier, today, Wednesday, the Federal Court decided to postpone the consideration of all cases, except for the case for dissolving Parliament.
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