Related article ~ Draft Law Submitted by Federal Supreme Court of the Presidency to the House of Representatives ... March 7, 2011
Federal Court reverse its decision to link independent bodies under the chairmanship of Minister
Federal Supreme Court confirmed, Monday, that its decision on 18 January is the same resolution of the ninth of June 2006 and two confirmed through the phrases in which the independence of the bodies of the aspects of professional, administrative and financial, as pointed out that the bodies that did not provide for the Constitution relate to its reference point of the determined nature of the tasks carried out by noting in this regard to the jurisdiction of the Prime Minister of the State administration, ministries and departments not associated with the Ministry.
According to the book issued by the Federal Supreme Court in the first month of March and addressed to the Iraqi Council of Representatives and got “Alsumaria News”, a copy of the “request of the Prime Minister was placed in the content of the interpretation of some provisions of the Constitution relating to independent bodies,” stressing that “were not There is a dispute even held out a lawsuit. “
He added that the prime minister, “asked in the conclusion of his book of the Federal Supreme Court to exercise its role in the detection for the content of the constitutional articles relating to the constitutional bodies,” noting that it “invited the court to go to all the constitutional provisions on the subject because these texts explain each other.”
The book that “the Federal Supreme Court has previously and considered similar requests without action, including the request of the President of the Republic the interpretation of certain constitutional articles relating to the end of the term of the presidency, and another request from the President of Parliament for the interpretation of some articles of the Constitution relating to the Presidency in the parliament and another request is on the determining the start of the first meeting of the House of Representatives in its current session. “
The Book of the Supreme Court directed to the Iraqi parliament that “the resolution No. 88 / federal / 2010, dated 18.01.2011 was not different in the contents of the decision issued by the Federal Supreme Court (no. 228 / T / 2006) at 9 / 6 / 2006 “, noting that” stated in the resolution of 01/18/2011 statements, and holds the reference to which it links – the independent body – drawing its general policy without interfering in its decisions and procedures, and its affairs professional, because those bodies had been awarded the Constitution financial and administrative independence to ensure impartiality and independence of its and procedures in the field Achtsasaha. “
He mentioned that the language “is the same as the substance of the decision of the Federal Supreme Court in 2006 and differs only in the expression,” pointing out that “the Supreme Court cited in its decision of 18.01.2011 phrases, and find the Federal Supreme Court about the provisions of the Constitution explicitly linking some independent bodies, the Ministers and the House of Representatives, and must be respect for and observance of these texts and their observance. “
And that “the receipt of these statements came as a confirmation of the independence of these bodies of aspects of professional, administrative and financial,” indicating that “the bodies that had not The Constitution provides for linking the House of Representatives or the Minister, the frame of reference needed to be determined by the nature of the tasks that you perform on according to the law which determines this tasks “.
He stressed that “to reveal the content of the article (80 / I) of the Constitution, which stated in the resolution was that stipulates,” noting that “constitutional provisions explain to each other, which refers to the jurisdiction of the Council of Ministers the planning and implementation of the policy of the state and the general plans and supervise the work of the ministries and departments not associated with the ministry of “.
And take it to clarify the court that “the item, which refers to the jurisdiction of the Council of Ministers planning and implementing the general policy of the state and the general plans and oversee the work of ministries and departments not associated with the Ministry does not prejudice the independence of the work of independent bodies of the aspects of professional, administrative and financial,” indicating that “the decision was confirmed at the end of on the necessity of taking into account the financial and administrative independence of the independent bodies have immunized affecting the independence of its decisions and actions with the professional obligation to respect the constitutional and legal provisions on the appointment of the heads of these bodies, whether the rank of minister or with special degrees or below. “
The authors pointed out that “the resolution pointed to the need to take into account the provisions of the laws governing the work of independent bodies and to ensure their independence in the performance of professionalism without any effect.”
The Federal Supreme Court issued a decision in January 18 last provides a link independent bodies referred to in the Iraqi constitution, prime minister directly, not under the chairmanship of the House of Representatives, and the decision came following a request by the Office of the Prime Minister to the Federal Court on 2 December last year, to show a link.
The president of the Iraqi Council of Representatives Osama Najafi, last February, the decision a threat to the Iraqi constitution, and unveiled several measures to be taken to determine the relationship between the legislative, executive and judiciary and independent bodies.
And raised the resolution widespread criticism of the political blocs, where he described the Kurdistan Alliance, “is successful”, adding that it could dilute the independence of these bodies, also considered the Iraqi List, that decision was a coup against the Constitution, a claim the presidency of the Council of Representatives and leaders of political blocs to take a firm stand against protection of democracy in Iraq, urged the Iraqi Central Bank as one of independent bodies, the Federal Supreme Court to issue a decision Illustration of the first resolution.
The text of the law set in 2004 by the U.S. civil administrator in Iraq Paul Bremer, the independence of the central bank, the Bank was granted the task of ensuring price stability in the home and building a stable financial system and competitive market-based view to promote sustainable growth in Iraq.
The Council stressed that the decisions of the Supreme Judicial Court is binding on all authorities, not subject to appeal any of them does not solve, or reset other people, pointing out that each party to consider the decisions of the Federal Court from the perspective of partisan or personal interests.
The Iraqi Constitution refers in the door the fourth under the title (independent bodies) to a number of bodies and organs, Kdioan financial control, and Communications and Media Commission, and National Commission for de-Baathification, which replaced the Supreme National Commission for Accountability and Justice, as the Constitution defines the nature of their relationship to the House of Representatives or Council of Ministers.
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According to the book issued by the Federal Supreme Court in the first month of March and addressed to the Iraqi Council of Representatives and got “Alsumaria News”, a copy of the “request of the Prime Minister was placed in the content of the interpretation of some provisions of the Constitution relating to independent bodies,” stressing that “were not There is a dispute even held out a lawsuit. “
He added that the prime minister, “asked in the conclusion of his book of the Federal Supreme Court to exercise its role in the detection for the content of the constitutional articles relating to the constitutional bodies,” noting that it “invited the court to go to all the constitutional provisions on the subject because these texts explain each other.”
The book that “the Federal Supreme Court has previously and considered similar requests without action, including the request of the President of the Republic the interpretation of certain constitutional articles relating to the end of the term of the presidency, and another request from the President of Parliament for the interpretation of some articles of the Constitution relating to the Presidency in the parliament and another request is on the determining the start of the first meeting of the House of Representatives in its current session. “
The Book of the Supreme Court directed to the Iraqi parliament that “the resolution No. 88 / federal / 2010, dated 18.01.2011 was not different in the contents of the decision issued by the Federal Supreme Court (no. 228 / T / 2006) at 9 / 6 / 2006 “, noting that” stated in the resolution of 01/18/2011 statements, and holds the reference to which it links – the independent body – drawing its general policy without interfering in its decisions and procedures, and its affairs professional, because those bodies had been awarded the Constitution financial and administrative independence to ensure impartiality and independence of its and procedures in the field Achtsasaha. “
He mentioned that the language “is the same as the substance of the decision of the Federal Supreme Court in 2006 and differs only in the expression,” pointing out that “the Supreme Court cited in its decision of 18.01.2011 phrases, and find the Federal Supreme Court about the provisions of the Constitution explicitly linking some independent bodies, the Ministers and the House of Representatives, and must be respect for and observance of these texts and their observance. “
And that “the receipt of these statements came as a confirmation of the independence of these bodies of aspects of professional, administrative and financial,” indicating that “the bodies that had not The Constitution provides for linking the House of Representatives or the Minister, the frame of reference needed to be determined by the nature of the tasks that you perform on according to the law which determines this tasks “.
He stressed that “to reveal the content of the article (80 / I) of the Constitution, which stated in the resolution was that stipulates,” noting that “constitutional provisions explain to each other, which refers to the jurisdiction of the Council of Ministers the planning and implementation of the policy of the state and the general plans and supervise the work of the ministries and departments not associated with the ministry of “.
And take it to clarify the court that “the item, which refers to the jurisdiction of the Council of Ministers planning and implementing the general policy of the state and the general plans and oversee the work of ministries and departments not associated with the Ministry does not prejudice the independence of the work of independent bodies of the aspects of professional, administrative and financial,” indicating that “the decision was confirmed at the end of on the necessity of taking into account the financial and administrative independence of the independent bodies have immunized affecting the independence of its decisions and actions with the professional obligation to respect the constitutional and legal provisions on the appointment of the heads of these bodies, whether the rank of minister or with special degrees or below. “
The authors pointed out that “the resolution pointed to the need to take into account the provisions of the laws governing the work of independent bodies and to ensure their independence in the performance of professionalism without any effect.”
The Federal Supreme Court issued a decision in January 18 last provides a link independent bodies referred to in the Iraqi constitution, prime minister directly, not under the chairmanship of the House of Representatives, and the decision came following a request by the Office of the Prime Minister to the Federal Court on 2 December last year, to show a link.
The president of the Iraqi Council of Representatives Osama Najafi, last February, the decision a threat to the Iraqi constitution, and unveiled several measures to be taken to determine the relationship between the legislative, executive and judiciary and independent bodies.
And raised the resolution widespread criticism of the political blocs, where he described the Kurdistan Alliance, “is successful”, adding that it could dilute the independence of these bodies, also considered the Iraqi List, that decision was a coup against the Constitution, a claim the presidency of the Council of Representatives and leaders of political blocs to take a firm stand against protection of democracy in Iraq, urged the Iraqi Central Bank as one of independent bodies, the Federal Supreme Court to issue a decision Illustration of the first resolution.
The text of the law set in 2004 by the U.S. civil administrator in Iraq Paul Bremer, the independence of the central bank, the Bank was granted the task of ensuring price stability in the home and building a stable financial system and competitive market-based view to promote sustainable growth in Iraq.
The Council stressed that the decisions of the Supreme Judicial Court is binding on all authorities, not subject to appeal any of them does not solve, or reset other people, pointing out that each party to consider the decisions of the Federal Court from the perspective of partisan or personal interests.
The Iraqi Constitution refers in the door the fourth under the title (independent bodies) to a number of bodies and organs, Kdioan financial control, and Communications and Media Commission, and National Commission for de-Baathification, which replaced the Supreme National Commission for Accountability and Justice, as the Constitution defines the nature of their relationship to the House of Representatives or Council of Ministers.
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