Some just won't accept the Supreme Judicial Council's ruling ~
Monday, August 16, 2010BAGHDAD, A dozen civic groups launched an audacious court action on Monday in a bid to break Iraq's deadlock over the formation of a new government, five months after a general election.
The charities and pressure groups brought the case against caretaker parliament speaker Fuad Massum, accusing him of violating the constitution by leaving the Iraqi Council of Representatives' first session open, with no progress on the election of a new speaker.
That, they allege, has blocked the election of a new national president and prime minister.
"We call on the Federal Court to require the defendant ... to end the open session as it violates the constitution ... or call on the Federal Court to dissolve the Council of Representatives and carry out new elections," the groups said in a news release.
Ex-premier Iyad Allawi's Iraqiya bloc narrowly won the election with 91 seats in the 325-member parliament, followed by Prime Minister Nuri al-Maliki's State of Law Alliance with 89.
While the constitution stipulates that a speaker, president and prime minister must be elected in that order, analysts note the posts will likely be decided on jointly by Iraq's main political groups as part of a grand bargain.
Massum, who holds his post by virtue of being parliament's oldest lawmaker, conceded that leaving parliament's first session open "was a violation of the constitution, and ... I will stand before the court to defend my stance, and I will accept any ruling the court will make."
Who is Supreme Court - Main article: Supreme Court of Iraq
The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations.
It acts as a final court of appeals, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers.
It also ratifies the final results of the general elections for the Council of Representatives.
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Federal Supreme Court Opinion on Article 76 of the Constitution concerning the nomination of the Prime Minister
Posted on March 28, 2010
On 25 March 2010, the Federal Supreme Court issued opinion 25 of 2010 on the meaning of Article 76 of the constitution, the first part of which reads:
The President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days from the date of the election of the President of the Republic.
Our translation of the decision is as follows: Electoral Bloc
A letter came to the Federal Supreme Court from the Office of the Prime Minister (MTN 1979) including a request for the interpretation of Article 76 of the constitution. The letter of 21 March 2010 asked for an interpretation of the expression “the largest bloc” in that Article. The request was put to the deliberation of the Federal Supreme Court on 25 March 2010.
After consulting the opinions of scholars of constitutional law and studying and perusing them, the Federal Supreme Court came to the following opinion:
Opinion
The Federal Supreme Court found upon examining Article 76 of the constitution in its 5 paragraphs and from examining the rest of the constitutional texts, that the application of the rules of Article 76 of the constitution comes after the meeting of the Council of Representatives in its new session on the basis of the invitation of the President in accordance with Article 54 of the constitution.
Thereafter the Council of Representatives elects:
_in its first session its speaker
_then his first deputy and second deputy in accordance with Article 55
_then the new President under Article 70 and after the election of the President
_he shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days from the date of his election.
The Federal Supreme Court found that the expression “the largest bloc” means either:
_the bloc formed after the election through the electoral list which ran for the election under one number and won the largest number of seats ... or
_the bloc which is formed of two or more lists which ran for election under different names or numbers and then coalesced into one entity in the Council of Representatives.
_Either of these that has the largest number of seats is the bloc whose nominee the President must call upon to form a government at the first meeting of the Council of Representatives.
This unanimous opinion was issued on 25/3/2010.
Medhat al-Mahmoud
President of the Federal Supreme Court
http://www.gjpi.org/2010/03/28/federal-supreme-court-opinion-on-article-76-of-the-constitution-concerning-the-nomination-of-the-prime-minister/ ___
Supreme Judicial Council: that form the biggest bloc in parliament are entitled to form a government ...
11 July, 2010
Supreme Judicial Council: that form the biggest bloc in parliament are entitled to form a government
Affirmed the right of the Supreme Judicial Council which is made up the largest bloc in parliament the nomination of the Prime Minister, "There is no governmental pressure on the Federal Court to change its decisions.
President of the Council and gave Judge Medhat al-Mahmoud during the regular meeting of the Council, a new interpretation of Article 76 of the Constitution that the right that make up the largest bloc in parliament nominate a prime minister after being tasked by the President of the Republic.
Mahmood denied, the existence of governmental pressure on the Federal Court to change its decisions, stressing that the President and the Minister for Aitdechlan decisions of the Court.
He said it was talking about these pressures are the ones who are not in the Court's decisions on their behalf, noting that the Federal Court are not given an opinion but make binding decisions for all.
http://www.alfayhaa.tv/
Supreme Judicial Council: that form the biggest bloc in parliament are entitled to form a government ...
