01 February 2011
Baghdad - The recent Federal Court ruling that links a number of independent committees to the cabinet rather than to parliament continues to spark controversy on the Iraqi political arena.
The head of the Iraqi Higher Electoral Commission (IHEC) Faraj al-Haidari told AKnews the ruling is "dangerous" and called for a reversal of the ruling, stating that it is now up to parliament to resolve the issue.
"It is now up to parliament to deal with this issue, because the Federal Court's decisions are binding and the Electoral Commission can not make any request or complaint about that," Haidari said.
The Federal Court issued on January 18 a ruling that links a number of independent bodies to the chairmanship of the Council of Ministers and not to the chairmanship of the parliament in response to Prime Minister Nouri al-Maliki's request to interpret the constitutional article concerning independent bodies.
The bodies that the federal court ruling put under the jurisdiction of Maliki's cabinet include the Supreme Commission of Human Rights, the Independent Higher Electoral Commission (IHEC), the Integrity Commission, the Iraqi Central Bank, the Financial Inspection Office and the Media and Communications committee.
During the 27th session of the new Iraqi parliament held today in Baghdad, the issue of the ruling was aired in the presence of the heads of several of the bodies affected by it, including Haidari.
Al-Iraqiya List member, Jamal Al-Bateek told AKnews that during today's meeting the heads of the independent boards rejected the Federal Court ruling and called for a return to the 2006 ruling that kept them linked to parliament.
However the National Coalition (NC) deputy Abbas al-Bayati said that Parliament does not have the right to discuss the decisions of the Federal Court as its decisions are "binding according to the provisions of the Constitution".
"The heads of independent board's were invited to the parliament meeting, not to discuss the resolution with them, but only to be informed of the work of these boards," Bayati continued, "The legislative authority can't intervene in the work of the judiciary."
The bill's opponents say that it reflects the desire of the Prime Minister to control the independent bodies, without paying attention to the risks involved in the acquisition of greater powers.
A number of political lists, most prominently the Iraqiya List and the Kurdistan Blocs Coalition (KBC) object to the idea of linking the independent bodies to the Council of Ministers, and consider it an excessive move by the ruling National Coalition (NC).
The opposition say that in fact it contravenes both articles 103 and 104 of the Iraqi constitution's chapter IV which clearly state that these bodies are financially and administratively independent and subject to the supervision of parliament which regulates their work according to the law.
Al-Iraqiya MP Karim Hattab told AKnews that the court's ruling is ambiguous and raises questions as the law and the constitution clearly state that these bodies are connected to parliament, adding that linking them to the Council of Ministers seriously compromises their independence.
Al-Iraqiya spokesman Haidar al-Mullah told AKnews last week that the Federal Court's January 18 ruling effectively puts the parliamentary committees under the jurisdiction of Prime Minister Nouri al-Maliki, describing this as a "coup against the constitution".
"Violating the autonomy of the independent boards will mark the end of democracy in the country," he warned.
Mullah went on to challenge the constitutionality of the court by pointing out that it was formed by the former civil administrator Paul Bremer and not by parliament itself.
"It is time for parliament to activate Article 92 of the Iraqi constitution, which demarcates the Federal Court, the nature of its work and the terms of its references."
Baghdad - The recent Federal Court ruling that links a number of independent committees to the cabinet rather than to parliament continues to spark controversy on the Iraqi political arena.
The head of the Iraqi Higher Electoral Commission (IHEC) Faraj al-Haidari told AKnews the ruling is "dangerous" and called for a reversal of the ruling, stating that it is now up to parliament to resolve the issue.
"It is now up to parliament to deal with this issue, because the Federal Court's decisions are binding and the Electoral Commission can not make any request or complaint about that," Haidari said.
The Federal Court issued on January 18 a ruling that links a number of independent bodies to the chairmanship of the Council of Ministers and not to the chairmanship of the parliament in response to Prime Minister Nouri al-Maliki's request to interpret the constitutional article concerning independent bodies.
The bodies that the federal court ruling put under the jurisdiction of Maliki's cabinet include the Supreme Commission of Human Rights, the Independent Higher Electoral Commission (IHEC), the Integrity Commission, the Iraqi Central Bank, the Financial Inspection Office and the Media and Communications committee.
During the 27th session of the new Iraqi parliament held today in Baghdad, the issue of the ruling was aired in the presence of the heads of several of the bodies affected by it, including Haidari.
Al-Iraqiya List member, Jamal Al-Bateek told AKnews that during today's meeting the heads of the independent boards rejected the Federal Court ruling and called for a return to the 2006 ruling that kept them linked to parliament.
However the National Coalition (NC) deputy Abbas al-Bayati said that Parliament does not have the right to discuss the decisions of the Federal Court as its decisions are "binding according to the provisions of the Constitution".
"The heads of independent board's were invited to the parliament meeting, not to discuss the resolution with them, but only to be informed of the work of these boards," Bayati continued, "The legislative authority can't intervene in the work of the judiciary."
The bill's opponents say that it reflects the desire of the Prime Minister to control the independent bodies, without paying attention to the risks involved in the acquisition of greater powers.
A number of political lists, most prominently the Iraqiya List and the Kurdistan Blocs Coalition (KBC) object to the idea of linking the independent bodies to the Council of Ministers, and consider it an excessive move by the ruling National Coalition (NC).
The opposition say that in fact it contravenes both articles 103 and 104 of the Iraqi constitution's chapter IV which clearly state that these bodies are financially and administratively independent and subject to the supervision of parliament which regulates their work according to the law.
Al-Iraqiya MP Karim Hattab told AKnews that the court's ruling is ambiguous and raises questions as the law and the constitution clearly state that these bodies are connected to parliament, adding that linking them to the Council of Ministers seriously compromises their independence.
Al-Iraqiya spokesman Haidar al-Mullah told AKnews last week that the Federal Court's January 18 ruling effectively puts the parliamentary committees under the jurisdiction of Prime Minister Nouri al-Maliki, describing this as a "coup against the constitution".
"Violating the autonomy of the independent boards will mark the end of democracy in the country," he warned.
Mullah went on to challenge the constitutionality of the court by pointing out that it was formed by the former civil administrator Paul Bremer and not by parliament itself.
"It is time for parliament to activate Article 92 of the Iraqi constitution, which demarcates the Federal Court, the nature of its work and the terms of its references."
© AK News 2011
