The official newspaper publishes 24 judgments of the Supreme Constitutional Court from the May 12 session
The official newspaper published on Tuesday, 24 judgments issued by the Supreme Constitutional Court, headed by Dr. Hanafi Ali Jibali, during its last session held on May 12.
The list of published provisions includes the provision of unconstitutionality of the phrase "and immediately initiates the attachment" provided for in the inability of the first paragraph of Article 4 of Law 308 of 1955 regarding administrative detention and the phrase " same. In its ruling, the Court held that the legal State and the provisions of article 65 of the 1971 Constitution corresponding to article 94 of the 2014 Constitution are bound by the exercise of their powers, whatever their functions or purposes, with overriding legal norms and, if they exceed them, are overturned.
The ruling pointed out that, in the case of the Supreme Constitutional Court, the execution of the debtor's assets with serious effects on him would be only an executive bond that his creditor had assumed before his execution and had not been notified except through a verification of his religion and health. The provisions of the Administrative Detention Law No. 308 of 1955 are exceptional, including that the written order issued by the minister, the head of the department, the governor, the director or the representative of the general public person, as the case may be, or whoever appoints them Writing, equivalent to executive bond This exception to the prohibition on the execution of the debtor's assets before obtaining a real executive bond is justified only by the public interest in the availability of easy means by the people of public law to enable them to collect their rights, Which is the conduct of public utilities and regularity, which is a purely exception may not be transferred to non-scope, and may not be implemented in the scope of narrow is determined by targeting the proper functioning of public utilities and regularity.
The provisions also included the Court's ruling on the unconstitutionality of the provisions of Articles 28, 29, 30, 31 and 32 of the Law on the Regulation of Cotton Trade at Home, No. 210 of 1994, the text of the last paragraph of Article 4 and the text of Article 10 of its Executive Regulations issued by the Minister of Economy and Foreign Trade No. 389 of 1994. It also ruled that the provisions of Articles 33 and 34, the text of the last paragraph of Article 35 of the Law on Organizing the Cotton Trade in the above mentioned, the words "and the Arbitration Commission" contained in Article 44 of the Law, and "compensation by the competent conciliation and arbitration committees "Contained in the text of Article 15 of the Executive Regulations issued by decision Economy and Foreign Trade No. 389 of 1994.
The provisions also included the ruling of the Supreme Constitutional Court to reject the claim that unconstitutionality of articles 2 and 18 of the Illegal Graft Law was concerned with the inclusion of those who benefited from the proceeds of illicit gain, whether from the wife, his minor children or others, Refund what they got.
Related topics
.
Post a Comment