Latest news with #ResitutionLaw
Shafaq News
11-02-2025
- Politics
- Shafaq News
Federal Court cancels judicial injunction suspending "controversial" laws
Shafaq News/ Iraq's Federal Supreme Court decided on Tuesday to revoke its previous judicial injunction that had suspended the implementation of the three "controversial" laws: the General Amnesty Law, the Personal Status Law, and the Resitution Law. The court emphasized that any laws contradicting the Constitution cannot be enacted. During a public session, Court President Jasem Al-Omari announced the dismissal of the legal challenge filed against the three laws. Sabah Al-Bawi, Director of the Legal Department at the Iraqi Parliament, revealed that the Federal Court rejected five lawsuits filed by several members of parliament against the three laws during its session on Tuesday. In a statement to Shafaq News Agency, Al-Bawi, who is the Parliament's representative in the Federal Court, explained that some of the lawsuits questioned the quorum of the parliamentary session. However, he clarified that the Parliament successfully proved to the court that the quorum was met, with 221 lawmakers present during the voting session. He further emphasized that the voting on the three laws was conducted in accordance with the constitution and the internal regulations of the Parliament, noting that each law was voted on separately. Al-Bawi also stated that the Federal Court rejected the lawsuits due to the lack of legal standing for the plaintiffs, considering the court's decision as a correct and significant one, as it aligns with the constitution and reaffirms the legitimacy of the procedures followed within the Iraqi Parliament.
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.'
