Federal Court clarifies its position on the dissolution of Parliament and the resignation of the Sadrist bloc MPs

 
 Baghdad-INA
 
 
The head of the Federal Supreme Court, Jasem Mohammad Abbood, emphasized that the Iraqi constitution is the product of the people will that express its interest, While referring to the amendment of the election law, he also indicated his position on the resignation of the Sadrist bloc's MPs and the dissolution of the parliament.
 
 
During his interview with the Iraqi News Agency (INA), Abbood affirmed that "All federal authorities must work according to the constitution in order to put the people's interest in their accounts as a priority, indicating that the Federal Court, under Article 93 of the Constitution, exercises its jurisdictions, starting with the oversight of the constitutionality of laws and the interpretation of the legal texts in addition to the aforementioned jurisdictions.
 
Preserve the Constitution and dissolving the parliament
 
 
He said," The essence of the work of the Federal Court is to preserve the constitution and prevent abuse of powers, stressing "no proposals have been made by us concerning the granting of broader powers to the Federal Court."
 
"The problem that Iraq is experiencing now is neither in the Constitution nor in the jurisdiction of the Federal Court, but rather in applying the Constitution and mishandling it", he continued.
He also stating that "dissolving the Federal Court, replacing its members or the transfer of its members to retirement shall be achieved through the Constitution and that the Federal Court is a financially and administratively independent judicial body exercising its jurisdiction in accordance with the Constitution”, emphasizing that the Federal Court is the observer  over all authorities so that they do not override the constitution, and it is not within its jurisdiction to dissolve Parliament, as the constitution charts the ways and the sides that have the right to dissolve it."
 
The resignation of the Sadrist bloc MPs 
 
He pointed out that “The head of the Federal Supreme Court cannot give an opinion on the issue of the return of resigned deputies since this matter should be discussed among all the members of the Court, thus it shall be discussed constitutionally," noting that "there are several lawsuits filed regarding the resignation of the Sadrist bloc's MPs, some of which were  dismissed because the way of file them were incorrect, while other lawsuits are still being filed, and they will be considered in their specified time.”
 
He stressed that "The lawsuit filed to challenge the resignation of the Sadrist bloc's MPs was not filed by the MPs themselves , but by parties legally unrelated to the subject", stating that each case had its circumstances, but that the interests of the Iraqi people were above all.”
 
The law of the Election
 
The head of the Federal Supreme Court added, "The Federal Supreme Court has ruled that some articles in the election law are unconstitutional, and Parliament must legislate legal articles within the law to replace these articles, no elections can be held unless the election law is completely completed, including the articles that were canceled."
 
 
He pointed out that "Electing the President of the Republic in accordance with article 70 is clear and cannot be overridden, and that the Court applies the Constitution in accordance with the supreme interest of the people", stating "In the constitutional jurisprudence, there is the subject named the retrogression, this would make it possible for the constitutional courts to modify some of their decisions on the legal principles, not on the judgments of the Federal Court ". 
 
Budget Law
He also said: "The budget law can only be sent to Parliament by a permanent government," pointing out that Iraq now suffers from two big issues, the first of which are political differences, and the second is corruption, so the problem of Iraq is not in the constitution”.
 
Political deadlock
 
He indicated that "The main reason for the political deadlock in Iraq is the political differences," noting that "corruption hinders building of the state."
 
He explained that "The oversight bodies represented by the Federal Board of Supreme Audit and the Integrity Commission have not put an end to corruption in Iraq, and the state cannot be built as long as there is an absence of social justice, and there is no series intention to end the corruption."
 
The file of oil
 
He indicated that "oil and gas are the property of the people, , and the Federal Court said its decision regarding oil and gas in Kurdistan region, and implementing this decision depends on the competent authorities according to the interest of Iraq and not to sacrifice its interest."
He also elaborated that "Establishing the National Oil Company and the assignment of Minister Ihsan Abdul-Jabbar is illegal, and the Federal Court had previously appealed the company's law and canceled many articles, which are essential articles, and thus it is not possible to proceed with the formation of the National Oil Company by canceling these articles unless the canceled articles of law are legislated or replaced by parliament.