24/10/2010
Federal Court Decides to end the open session of the Council of Representatives
The Federal Court of Iraq on Sunday, cancel the decision of President pro tempore of the House of Representatives older Fuad Masum, making the meeting of the Iraqi parliament is open to the side to make him pay the resumption of meetings of the Council during the next two weeks, which promised civil society organizations victory of the Constitution and the law, in what Iraqi MP for the coalition of Kurdish blocs that "the most important decisions" during the current phase.
The judge said Medhat al-Mahmoud President of the Federal Court, during a press conference at the court, attended by a reporter and news agency Kurdistan (Rn) that "the Court decided to cancel the decision of President pro tempore of the House of Representatives older Fuad Masum, making the Council meetings are open".
Al-Mahmoud stressed that "the Federal Court issued a decision binding on the infallible Council of the invitation for the resumption of its meetings during the next two weeks."
The civil society organizations, Iraq has declared the ninth of August last, for filing a lawsuit against the infallible because of the lifting session the House of Representatives after the first half hour of the session after the performance of the new deputies sworn in action that is inconsistent with what is provided by the Constitution in the Council permanently for the election of the three presidencies within the time periods set by the Iraqi constitution does not exceed 45 days from the date of invitation of the President of the Council of the new session.
The Chairman of the Federal Court that "the Federal Court decision came after a meeting of the nine members of the Court to decide the case submitted to the court by a number of Iraqi civil society organizations to cancel the open meetings of the Council of Representatives."
Al-Mahmoud said that "the resumption of the first meeting of the Council of Representatives will be under Article (55) of the Iraqi Constitution."
Promised active Iraqi civil society in the area of the court's decision as a victory of the role of Iraqi civil society organizations to enforce the law and the Constitution during this phase, as well as it will contribute to ending the crisis in the government.
Kabashi, "said Amal's (Rn) that" the Federal Court decision is enough to activate the role of the House of Representatives for the formation of the Iraqi government after Iraq broke the record of the delay in the birth of the Iraqi government despite the passage of more than seven months after the elections. "
She explained that "the decision of the Court would end the government crisis on the grounds that the House of Representatives can seriously discuss the points of contention within the Council and not in external meetings between the lists, and within the blocks or with neighboring countries."
She pointed out that "the Iraqi Council of Representatives elected by the people represented, which is capable of resolving the crisis of government," stressing that "the Federal Court decision represents a victory for the role of civil society organizations in the imposition of law and the Constitution."
The Iraqi Council of Representatives held its first meeting on June 14 last, and was confined to the performance of members sworn in after the announcement of the new legislative term, but was delayed for a period of one month, depending on the constitution.
But the delay described as "unconstitutional" decision of the heads of political blocs for two weeks after the end of the month in July 12 last, and eventually was postponed resumption of the meeting the first to notice the lack of agreement on the positions of sovereign blocks.
The leader of the coalition of Kurdish blocs Muhsin al-Sadoun's (Rn) that "the Federal Court decision is a good step and the most important decisions at this stage on the grounds that there is a vacuum constitutionally and legally on the concept of open meeting."
He pointed out that "there is no longer an open meeting after today, and during the next two weeks should invite the President of the House of Representatives Fuad Masum, the older members of the House of Representatives for the resumption of the first meeting of the Council for the election of the Presidency of the Council."
He stressed Sadoun that "the Federal Court decision, the largest judicial body in Iraq, to end the open meeting and respected by all, led by interim President of the Council, in order that meetings should start the actual Council, which could contribute to ending the crisis in government."
The country has a constitutional crisis on the back of breach of the deadline for the selection of the President of the Council of Representatives and his deputies and the President of the Republic, with the failure of the blocks to agree on positions of sovereign.
The Federal Court has issued last July a resolution to ensure "the continuation of the Presidency Council the current exercise of his constitutional duties until the election of the President of the Republic in accordance with Article 72 of the Constitution, although for breach of constitutional provisions of paragraph (b) The first of the same article to overcome the time limit for the election of the President of the Republic.
Based on the position of the Federal Court the constitutionality of the continuation of the Presidency of the Republic and the legitimate exercise of his functions, the maturity of the current government itself, the fact that the Council Presidency and the Council of Ministers constitute the executive authority in Iraq, according to the Constitution.
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