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Ministers Judgment

Ministers Judgment

Judge Amer Hassan Shinta

2018-11-29 11:08:00

Ministers shall have wide powers, which are authorized by law to perform their functions in order to  regulate the functioning of the institutions they manage  to achieve the policies of the state and its plans of development .

It happens that some of them may deviate from these goals to abuse the authority is conferred upon him and goes beyond the limits of his job in various ways . Especially in countries where which control is absent or weakened  in eliminating corruption and punishing its perpetrators . If a minister commits any breach of his duties, whether it is a waste of public property or a bribe, embezzlement or etc …  what is the court competent in investigation and Judgment him ? does the ordinary judiciary have to do so in accordance with its general mandate over the people? or are there specialized courts to Judge the ministers?

 The constitutional and legal systems differ in that issue . Some have made it into Ordinary Criminal Courts , While most of the legislations assign that task to the Supreme Courts. perhaps because of the specificity of the ministerial post which many prepare as a non-functional political position .

In Egypt, the Law on the Judgment of Ministers in the Egyptian and Syrian regions No. (79) of 1958 (effective) the mechanism of the organized investigation and Judgment of ministers . when it provided for the formation of a Supreme Court of twelve members, six of them are selected from the “Nation” council and the other six are selected from members of the Court of Cassation . the article (80) of Lebanese Constitution, for the competence of the Supreme Council in its functions this council consists of seven members elected by the council of Representatives and eight of the highest ranking of Lebanese judges , as well as France dose since article    (68 / 2) of its Constitution in 1958 stipulated that the (Court of the Republic)  in competent in Judgment the ministers and it consists of 15 members, including 12 parliamentarians and 3 judges of the Court of Cassation. Among these countries is Yemen and Kuwait, which issued the Law on the Judgment of Ministers No. 88 of 1995, as amended by Law No. 29 of 2014 . Saudi Arabia, which issued the system of Judgment of ministers issued by the Council of Ministers. In 1380 AH and many others. In Iraq, Article (93/6) of the Constitution provides for the jurisdiction of the Federal Supreme Court to adjudicate accusations against the President of the Republic, the Prime Minister and the Ministers. The matter was suspended by issuing a law regulating how the investigation and Judgment were being conducted . At present criminal courts of all types are competent in adjudicate those charges . It should be noted that Iraq has preceded all constitutions and legislation in the jurisdiction of the Judgment of ministers to the Supreme Courts. Article (81) of the Iraqi Basic Law of 1925 stipulates the jurisdiction of a Supreme Court consisting of eight members except the President, elected by the “Al Ayan” from among its members and four senior judges .

It is clear from the above that the parties that hold the Judgment of ministers may be only judicial authorities and may be mixed authorities with the legislative councils again , some believe that the participation of members of the legislative councils in courts exercising exclusive judicial work problems may increase exponentially . Where political will works to disrupt the accountability and punishment of the minister  who is from its party or its political spectrum . The Iraqi lawmaker has decided on the matter to the Federal Supreme Court (composed of Judges and experts of Islamic jurisprudence and legal experts ) in accordance with the provisions of the Constitution . There is only the Iraqi council of Representatives passes the laws of Federal  Supreme Court and Ministers Judgment in accordance with clear and specific procedures and shall take advantage from the experiences of countries that preceded us in this field when legislation the code of the Ministers Judgment.

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