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Iraqi News
13-02-2025
- Politics
- Iraqi News
Presidency of the Republic ratifies Personal Status, Amnesty, Property Restitution Laws
The Presidency of the Republic ratified, today, Thursday, the Personal Status, General Amnesty and Property Restitution Laws. This came after the Federal Supreme Court decided, the day before yesterday, Tuesday, to reject the appeal submitted against the General Amnesty, Personal Status and Property Restitution Laws, and to cancel the state order to suspend their implementation. The parliament voted in its third session of its first legislative term, the fourth legislative year of the fifth electoral term, on January 21, headed by Mahmoud Al-Mashhadani, Speaker of the Council, on three laws. At the beginning of the session, the Council voted in its entirety on the proposal to amend Personal Status Law No. 188 of 1959 submitted by the Legal Committee and the Women, Family and Childhood Committees, which came in line with what was stipulated in Article (2) of the Constitution that it is not permissible to enact a law that contradicts the constants of the provisions of Islam and what was stipulated in Article (41) regarding guaranteeing the freedom of individuals to adhere to their personal status according to their religions, sects, beliefs, or choice, and to put that article into effect and organize that freedom within the framework of the law in a way that preserves the courts as a unified judicial body by applying the provisions of the Personal Status Law in accordance with the law. The Council voted in its entirety on the draft law to return real estate to its owners covered by some decisions of the Revolutionary Command Council (dissolved) submitted by the Legal Committee, due to the issuance of many decisions of the Revolutionary Command Council (dissolved) to expropriate lands belonging to citizens and in order to restore rights to their owners and remove the effects resulting from them. The Council also voted in general on the draft law amending the second General Amnesty Law No. (27) of 2016 submitted by the Legal, Security and Defense, and Human Rights Committees, which aims to prevent perpetrators of terrorist crimes and organized crimes from kidnapping people due to the serious criminal behavior it represents and the negative effects it has on the victims or their families and its danger to society, and to reintegrate those covered by the amnesty law into society after rehabilitating them in reform departments and giving them the opportunity to live a decent life.
Shafaq News
05-02-2025
- Politics
- Shafaq News
Iraq's Supreme Judicial Council rules against suspending laws before official publication
Shafaq News/ Iraq's Supreme Judicial Council ruled on Wednesday that laws passed by parliament cannot be suspended before their official publication in the government gazette. In a statement following its fourth session, held both in-person and online and chaired by Chief Justice Faiq Zidan, the council addressed a recent ruling by the Federal Supreme Court that temporarily halted the implementation of three laws passed by parliament on January 21, 2025: the Amnesty Law, Resitution Law, and Persona Status Law. The council stated that, under Articles 93 and 129 of Iraq's 2005 Constitution, laws must be published in the official gazette before they can be challenged for unconstitutionality. It referenced past rulings by the Federal Supreme Court, including decisions from 2016 and 2018, affirming this principle. "Therefore, it is impermissible to suspend the implementation of a law passed by parliament before its publication," the council said. It noted that the Supreme Court's order specifically halted procedures related to amendments to the laws of Personal Status and Restitution, even though neither law has yet been published in the official gazette. The council argued that the court's ruling lacked legal grounds, as it targeted non-enforceable laws. It also questioned the legal basis for issuing urgent injunctions in constitutional cases, stating that such measures are not addressed in the Federal Supreme Court Law or its internal regulations but rather fall under civil procedural law. Additionally, the council emphasized that Iraqi courts are obligated to implement the amended General Amnesty Law passed by parliament, as 'Article 129 of the Constitution prohibits suspending laws unless a final ruling deems them unconstitutional.' The council reiterated that 'injunctive orders are temporary measures and do not carry the binding authority of final judicial rulings.'
