Federal Court describes the merits of re-vice president's decision

October 10, 2016 | 12:06



Network Iraqi position

The Federal Supreme Court issued its decision on Monday in connection with a lawsuit to challenge the decision made to cancel the posts of Vice President of the Republic.

The official spokesman of the Judiciary Judge Abdul Sattar Bayrakdar "The Federal Supreme Court held its plenary on Monday considered a lawsuit to challenge the decision of the Prime Minister Add your function to cancel the posts of Vice-President of the Republic."

Bayraktar said that "the Federal Supreme Court found that the presence of one or more Deputy President of the Republic is compelled to Article (69 / II) of the Constitution."

He pointed out that "Accordingly, Law No. (1) for the year 2011 (the Vice President of the Republic Act) to regulate the choice of one or more Deputy President of the Republic, as well as their powers and how to end their missions."

He pointed out that he "Then came Article (75 / II / III) of the Constitution Vonatt their exercise of the functions of the President in his absence or when the post is vacant for any reason whatsoever."

Bayraktar explained that "the judicial decision said that the presence of one or more Deputy President of the Republic oblige stipulated by the Constitution to require the public interest to prevent a vacuum in the (power-operative presidency)."

And he went on. "So the abolition of the post of Vice President of the Republic mean amending the provisions of the Constitution of the Republic of Iraq for the year 2005 to disrupt the provisions of Articles (69 / II) and (75 / II / III) thereof without style provided for in Article 142 of the Constitution, which requires in such a cases of absolute majority approval of the members of the House of Representatives on the amendment and present it to the people for a referendum. "

Bayraktar and between that "Since the contested decision to be unconstitutional abolition of the posts of Vice President of the Republic has been issued contrary to what was drawn by Article 142 of the Constitution shall be contrary to the provisions requiring government to be unconstitutional."

Bayraktar and went on that "Accordingly, and based on the provisions of Article (93 / I) of the Constitution of the Federal Supreme Court decided to rule unconstitutional the paragraph (2 / I) of the decision of the first defendant in addition to its function of number (307) dated 08/09/2015, containing the Cancel posts of vice-President of the Republic, and was sentenced in agreement and Bata openly and understand in the morning 10/10/2016. "

http://www.al-mawqif.com/23508

October 10, 2016

A second of the Federal Court to clarify about the revocation of the decision to cancel the post of vice-president


Network Iraqi position

Federal Court emphasized that "the decision of which to cancel the posts of Vice-President of the Republic stipulated in Articles (69) and (75) of the Constitution is an amendment to the Constitution without the path charted by the Constitution to amend stipulated in Article (142) of which requires a decision by the House of Representatives edited by the Iraqi people and a referendum on it.

A court spokesman Abdul Sattar Bayrakdar said that "the decision of the Federal Supreme Court was based on a petition filed by Osama Najafi unconstitutionality made no mention of the decision not to re-constitutional or not to re-vice president Iyad Allawi and Nouri al-Maliki and Osama al-Nujaifi."

The Federal Supreme Court decided on Monday, unconstitutional Cancel posts of Vice-President of the Republic, after considering the invitations are kept by the former Vice-President Osama al.


http://www.al-mawqif.com/23555

Bayraktar: Federal Court decision did not address the re-Allawi and al-Maliki and Najafi or not
  
    Monday, October 102 016 - 14:58



    Issued a Supreme Judicial Council, on Monday, for clarification on the Federal Court's decision to the offices of the Vice-President of the Republic.

    A council spokesman Abdul Sattar Bayrakdar in a statement briefed tow a copy of it, that "the decision to abolish the posts of Vice President of the Republic stipulated in Articles (69) and (75) of the Constitution is an amendment to the Constitution without the path charted by the Constitution to amend provided for in article (142) thereof which requires a decision by the House of Representatives amendment referendum and the Iraqi people on it. "

    Bayraktar said, that "the decision of the Federal Supreme Court was based on a petition filed by Osama Najafi unconstitutionality," explaining that "the decision unconstitutionality did not address the return or not to return the Vice President Iyad Allawi and Nouri al-Maliki and Osama al-Nujaifi."

    The Federal Supreme Court, issued on Monday, a decision on a lawsuit to challenge the decision made to cancel the posts of Vice President of the Republic, noting that the decision to abolish the posts of Vice-President of the Republic violates the provisions of Article 142 of the Iraqi Constitution.

    He called the cleric Muqtada al-Sadr on Monday to rally popular "overwhelming" to the time the court (Federal Supreme Court headquarters in Baghdad) after the end of the ceremony of Ashura, also decided to postpone the negotiations with the National Alliance, and threatened to "open sit-in" If you do not designate government ministers "competent and independent", in his first response to the Federal Court's decision to annul the decision to abolish the posts of vice President of the Republic.

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