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Because its sessions were not held, the Kirkuk Council faces a judicial complaint, and its members defend: We took the oath
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2024-05-10 03:31
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Shafaq News/ A new complaint submitted by a lawyer from Kirkuk Governorate against members of the Provincial Council to the Public Prosecution, while members of the Council responded that there is no law specifying the date of the Council’s meeting and that their appointment took place after taking the constitutional oath.
The lawyer from Kirkuk, Hajar Nour al-Din Wali, had filed a complaint against the members of the Provincial Council, because the first session of the Kirkuk Provincial Council was not held and the members of the Council did not carry out their duties.
Kirkuk Provincial Council member Ahmed Ramzi told Shafaq News Agency, "There is no specific law directing the members of the council not to hold the first session because they took the constitutional oath, and the majority of us registered directly for our work as members of the Provincial Council, and this is the first point that drops the original complaint filed by a lawyer in Kirkuk."
He continued, "The governor sent an invitation to hold the first session, and because of the lack of consensus, a group of members attended to hold the session headed by the oldest member, but the session was not held until an agreement was reached between the blocs to nominate a governor and council president, and this matter was also not agreed upon."
He stressed that "the governor also did not take the constitutional oath, and he is a winning member in the elections, but he is exercising his duties in accordance with the law, as the Federal Court issued a decision a few days ago regarding the governor and gave him the continuation of his duties, and the matter applies to Kirkuk and its council."
He pointed out that "there is discontent and anger in the street in Kirkuk against the blood members who won because the Kirkuk administration was not formed and the Kirkuk Council did not assume its legal and legislative role in managing important aspects of the Kirkuk administration."
A member of the Kirkuk Provincial Council from the Kurdistan Democratic Party, Hassan Majeed, said to Shafaq News Agency, “The convening of the Kirkuk Council is linked to the process of political consensus between the blocs and the dialogues that took place could reach a participation formula for the purpose of naming a governor and forming the Kirkuk Council. This means that everyone must agree to a formula.” Joint and consensual will contribute to moving forward with the appointment of a governor for Kirkuk and initiating the work of the Kirkuk Council.”
Arab politician Mahmoud Al-Azzawi believes that “consensus is absent between all the Arab, Kurdish and Turkmen political blocs, and everyone did not agree on the name of a single candidate, and what is rumored is not true. All the blocs are divided and the situation remains as it is. The governor continues to manage the governorate and the council remains suspended until an agreement is reached between the blocs to hold the session and elect.” President and open the door for nominations for governor.”
Complaint specialty
Legal expert Hussein Khalil told Shafaq News Agency, “The complaint filed by the lawyer, Hajar Nour al-Din Wali, with the public prosecution against the members of the Kirkuk Provincial Council for not being members of the Council and not holding the first session despite the 100th anniversary is incorrect because this complaint is not Who specializes in public prosecution only legally, as the Alternative Public Prosecution Law No. (49) of 2017 (1) was issued late, due to “the changes that occurred after the issuance of Public Prosecution Law No. (159) of 1979.”
He added, "Article Five of it specifies that the Public Prosecution shall undertake the tasks, which are filing lawsuits against public rights and cases of financial and administrative corruption and following them up based on the Criminal Procedure Code No. 23 of 1971, as amended: monitoring investigations into crimes, collecting the evidence necessary to investigate them, and taking all necessary measures to reach a conclusion." Detecting the features of the crime, attending when an investigation is conducted into a felony or misdemeanor, expressing his observations and legal requests, attending in sessions of criminal courts other than the Federal Court of Cassation, and submitting appeals and requests to the Criminal Court and to the Court of Appeal in its original capacity when it considers the rulings and decisions issued in cases and misdemeanors to the Court of Appeal in its cassation capacity or to the Court of Appeal in its original capacity. Discrimination according to jurisdiction.”
He continued: “Article (7) of the amended 2008 Law on Governorates Not Organized in a Region stipulates that the Provincial Council shall elect the President of the Council and his deputy by an absolute majority of the Council’s members in the first session held by the Council, which the Governor shall call for within fifteen days from the date of ratification of the election results.” The session will be held under the chairmanship of the oldest member. Clause (Seventh/1) of the same article also stipulates that the governor and his two deputies shall be elected by an absolute majority of the Council’s members within a maximum period of thirty days from the date of its first session. The majority of the governorate councils have approved the aforementioned provisions and elected their chairmen And their deputies, then the governor and his two deputies were elected, and it began exercising its duties to achieve the purposes for which it was established. However, some governorate councils failed and are still failing to hold the first session due to conflicts over positions between political parties and blocs. Each one is drawing fire into his own and wants to seize important positions in order to achieve this. For personal interests rooted in the public interest, and as a result, work in the aforementioned governorates has been disrupted. There is no real existence of their councils, and the governors in them are restricted to the theory of business management and do not exercise except a few of the powers. This is a black spot on the page of democracy. The members of the Provincial Council elected by the people must have a high degree of awareness and understanding of democracy, so they devote themselves to serving the citizens and give up their personal interests because they are below the highest and highest rank for the public good. However, this did not happen, and unfortunately, this has emptied the democratic experience of its true content.”
How to dissolve the council
He adds that “Article (20/Second/B) of the law mentioned above stipulates that (the House of Representatives may dissolve the councils by an absolute majority of its members based on the request of the governor or a request from a third of its members if one of the reasons mentioned in Clause (First) of Article is fulfilled) 20) With reference to the aforementioned clause, it became clear that it ruled that (the Council and the local councils shall be dissolved by an absolute majority of the Council’s members upon the request of a third of the members in the following cases: (1) Serious breach of the work and tasks assigned to it (2) Violation of the Constitution and the laws (3) Loss of a third of the members Conditions Membership, and since the provincial councils that failed to hold the first session violated the provisions of the Constitution and the law in terms of legal periods, although they are guiding periods, they have a reasonable time.”
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2024-05-10 03:31
Share
Font
Shafaq News/ A new complaint submitted by a lawyer from Kirkuk Governorate against members of the Provincial Council to the Public Prosecution, while members of the Council responded that there is no law specifying the date of the Council’s meeting and that their appointment took place after taking the constitutional oath.
The lawyer from Kirkuk, Hajar Nour al-Din Wali, had filed a complaint against the members of the Provincial Council, because the first session of the Kirkuk Provincial Council was not held and the members of the Council did not carry out their duties.
Kirkuk Provincial Council member Ahmed Ramzi told Shafaq News Agency, "There is no specific law directing the members of the council not to hold the first session because they took the constitutional oath, and the majority of us registered directly for our work as members of the Provincial Council, and this is the first point that drops the original complaint filed by a lawyer in Kirkuk."
He continued, "The governor sent an invitation to hold the first session, and because of the lack of consensus, a group of members attended to hold the session headed by the oldest member, but the session was not held until an agreement was reached between the blocs to nominate a governor and council president, and this matter was also not agreed upon."
He stressed that "the governor also did not take the constitutional oath, and he is a winning member in the elections, but he is exercising his duties in accordance with the law, as the Federal Court issued a decision a few days ago regarding the governor and gave him the continuation of his duties, and the matter applies to Kirkuk and its council."
He pointed out that "there is discontent and anger in the street in Kirkuk against the blood members who won because the Kirkuk administration was not formed and the Kirkuk Council did not assume its legal and legislative role in managing important aspects of the Kirkuk administration."
A member of the Kirkuk Provincial Council from the Kurdistan Democratic Party, Hassan Majeed, said to Shafaq News Agency, “The convening of the Kirkuk Council is linked to the process of political consensus between the blocs and the dialogues that took place could reach a participation formula for the purpose of naming a governor and forming the Kirkuk Council. This means that everyone must agree to a formula.” Joint and consensual will contribute to moving forward with the appointment of a governor for Kirkuk and initiating the work of the Kirkuk Council.”
Arab politician Mahmoud Al-Azzawi believes that “consensus is absent between all the Arab, Kurdish and Turkmen political blocs, and everyone did not agree on the name of a single candidate, and what is rumored is not true. All the blocs are divided and the situation remains as it is. The governor continues to manage the governorate and the council remains suspended until an agreement is reached between the blocs to hold the session and elect.” President and open the door for nominations for governor.”
Complaint specialty
Legal expert Hussein Khalil told Shafaq News Agency, “The complaint filed by the lawyer, Hajar Nour al-Din Wali, with the public prosecution against the members of the Kirkuk Provincial Council for not being members of the Council and not holding the first session despite the 100th anniversary is incorrect because this complaint is not Who specializes in public prosecution only legally, as the Alternative Public Prosecution Law No. (49) of 2017 (1) was issued late, due to “the changes that occurred after the issuance of Public Prosecution Law No. (159) of 1979.”
He added, "Article Five of it specifies that the Public Prosecution shall undertake the tasks, which are filing lawsuits against public rights and cases of financial and administrative corruption and following them up based on the Criminal Procedure Code No. 23 of 1971, as amended: monitoring investigations into crimes, collecting the evidence necessary to investigate them, and taking all necessary measures to reach a conclusion." Detecting the features of the crime, attending when an investigation is conducted into a felony or misdemeanor, expressing his observations and legal requests, attending in sessions of criminal courts other than the Federal Court of Cassation, and submitting appeals and requests to the Criminal Court and to the Court of Appeal in its original capacity when it considers the rulings and decisions issued in cases and misdemeanors to the Court of Appeal in its cassation capacity or to the Court of Appeal in its original capacity. Discrimination according to jurisdiction.”
He continued: “Article (7) of the amended 2008 Law on Governorates Not Organized in a Region stipulates that the Provincial Council shall elect the President of the Council and his deputy by an absolute majority of the Council’s members in the first session held by the Council, which the Governor shall call for within fifteen days from the date of ratification of the election results.” The session will be held under the chairmanship of the oldest member. Clause (Seventh/1) of the same article also stipulates that the governor and his two deputies shall be elected by an absolute majority of the Council’s members within a maximum period of thirty days from the date of its first session. The majority of the governorate councils have approved the aforementioned provisions and elected their chairmen And their deputies, then the governor and his two deputies were elected, and it began exercising its duties to achieve the purposes for which it was established. However, some governorate councils failed and are still failing to hold the first session due to conflicts over positions between political parties and blocs. Each one is drawing fire into his own and wants to seize important positions in order to achieve this. For personal interests rooted in the public interest, and as a result, work in the aforementioned governorates has been disrupted. There is no real existence of their councils, and the governors in them are restricted to the theory of business management and do not exercise except a few of the powers. This is a black spot on the page of democracy. The members of the Provincial Council elected by the people must have a high degree of awareness and understanding of democracy, so they devote themselves to serving the citizens and give up their personal interests because they are below the highest and highest rank for the public good. However, this did not happen, and unfortunately, this has emptied the democratic experience of its true content.”
How to dissolve the council
He adds that “Article (20/Second/B) of the law mentioned above stipulates that (the House of Representatives may dissolve the councils by an absolute majority of its members based on the request of the governor or a request from a third of its members if one of the reasons mentioned in Clause (First) of Article is fulfilled) 20) With reference to the aforementioned clause, it became clear that it ruled that (the Council and the local councils shall be dissolved by an absolute majority of the Council’s members upon the request of a third of the members in the following cases: (1) Serious breach of the work and tasks assigned to it (2) Violation of the Constitution and the laws (3) Loss of a third of the members Conditions Membership, and since the provincial councils that failed to hold the first session violated the provisions of the Constitution and the law in terms of legal periods, although they are guiding periods, they have a reasonable time.”
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