Provinces enter into a constitutional vacuum after the end of the mandate of the councils

Provinces enter into a constitutional vacuum after the end of the mandate of the councils


BAGHDAD / Mohammed Sabah

Since the date of the 20th of last April, the local government entered into a constitutional void and legally due to the end of the mandate of the councils. The House of Representatives stands bewildered to address this vacuum witnessed by the provincial councils for the first time since its inception 2003.
Although the next September to determine the date for the local elections, but the political, legal and logistical data to prevent a local ballot in its history.
As a director and a legal constitutional vacuum, parliamentary parties to propose a resolution of the House of Representatives can manage provincial affairs rather than local councils.
But the Parliamentary Committee regions confirm that the parliament will discuss this constitutional vacuum in the coming sessions, arguing that the extension of the work of local councils is up to the legislative authority.
In turn , the Legal Committee stresses the inadmissibility of modifying the content of provincial law by decision of the parliament, but stresses at the same time that all the decisions of local councils , "open to challenge before the competent courts." Revealed (range), in the month of February, the existence of political negotiations nearly two months continued, leading to reaching an agreement to merge the provincial elections and parliamentary elections that are set up in April 2018.
confirms MP Messenger Abu Hasna, Rapporteur of the Committee of the Regions and the provinces, that "the House of Representatives will discuss the legal and constitutional status of the councils after the end of its mandate last April." He said Abu Hasna said , "Parliament will give local governments legal cover through its extension until the holding of elections."
He explained to the Committee of the Regions decision, in a statement (term), " The House of Representatives will decide the position of local governments that have become illegal and unconstitutional , " stressing "the existence of a decision submitted by some MPs talking about bridging this constitutional vacuum for provincial councils."
In parallel, high - MP Sheikh Ali, a member of the Legal Committee, says that "the House of Representatives is preparing to issue a formula decision to grant him the right to provide for the management of the affairs of the provinces rather than local councils , which ended her term in the legal twentieth of the month of April."
Sees Sheikh Ali, in a statement (term) yesterday that the "provincial legislative authority within the provinces and parliament legislative authority for all the Iraqi state."
Under Articles (4-6) of the provincial law that " the electoral session of the boards of a period of four calendar years, starting with the first hearing will . And end membership automatically after complete them for four calendar years commencing on the ratification of the election results."
He said a member of the Legal Committee by saying that "legislation in the provinces we carried out in the coming period and until the holding of local elections and the formation of new councils under the new law," he said . "This request was made by MP Riad Ghraib for a coalition of state law and will approve soon within the Council of House of Representatives. "
The previous government had identified, in (October 30 , 2012), the date of 20 April 2013, the date for the provincial council elections are not organized province.
Article (46 / I) of the influential provincial law in 2013 that " the election date to be determined by the Council of Ministers upon the proposal of the Commission to be announced by means of various media before the deadline for the vote for 60 days."
Paragraph III of the same article that "in the case of the postponement of the elections and the provincial and district councils continue to manage its affairs until the election of new councils."
And select Prime Minister Haider al - Abadi, during the past months, the 16 of September next date for provincial elections across the country.
For his part , confirms MP Ahmed al - Badri, a member of the Committee of the provinces and territories parliamentary, that "Article 46 of the provinces in force and clear elections law and does not need to interpret," pointing out that "these councils will continue to work until the holding of elections next September."
Al - Badri said in an interview (range) yesterday, that " the Council of Ministers which set the date of provincial elections next month of September decision to impose on the House of Representatives pass a resolution giving the government decision was legalized."
He noted a member bloc of state law that "the House of Representatives will issue a decision to grant provincial councils to continue their work." He expected " to provide this resolution to a vote in the next parliamentary session to legitimize these councils , which ended its mandate."
For his part , MP Hassan Shammari, a member of the Legal Committee, said that "explains the provincial councils became unconstitutional and illegal after the end of the four calendar years to which he has Law No. 21 provincial councils."
He said Shammari, told ( the term), that " the law does not include the case of a caretaker in its paragraphs in order to fill the constitutional vacuum in the event of the end of the mandate of the provincial councils , " adding that " the best solution to address this constitutional vacuum is to speed up the legislation of the provinces and labor councils election law on the extension. "
The voice of the Council of Ministers, the end of last year, the provincial elections law and sent it to the House of Representatives with a view to approval in preparation for elections later in the year 2017
and delayed the differences between the components of Kirkuk to vote on local elections law more than once, in addition to disagreements broke out between the blocks about the age of the candidate and the school certificate and the electoral system.
The comment , MP Hassan Shammari to adopt the parliament to pass a resolution to address this constitutional vacuum, saying "may not be issued a formula decision to extend the work of local councils on the grounds that he can not amend a law by a decision of the House of Representatives," adding that " the decisions taken by the provincial councils after the end of the whole mandate that vulnerable to challenge before the competent courts. "


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