The government surprised the House of Representatives to extend the work of the provincial councils

The government surprised the House of Representatives to extend the work of the provincial councils


 Baghdad / Mohammad Sabah

The government surprised parliament, who enjoys his vacation legislative now, an official Baamam requesting the provincial councils to continue its work until the elections that there seems to be an agreement to merge them with the parliamentary elections. Since the date of the 20th of last April, local governments entered into a constitutional vacuum due to the end of the mandate of the councils. The House of Representatives stands bewildered to address this vacuum, witnessed by the provinces for the first time since its inception in 2003.
And on the position of provincial councils highlights the two positions, the first confirms the continuation of the work until the elections, while the other direction emphasizes the need to "legislative interference" to face a constitutional vacuum.
The Legal Committee revealed in the House of Representatives, recently issued a proposal for a decision of parliament can router from the management of provincial affairs instead of their boards.
The Commission on Parliamentary Regions (range) recently, to extend the work of local councils "is up to the legislative authority."
In turn , the Legal Committee in parliament , confirmed that all the decisions of local councils, if elections are not held, "likely to be challenged before the competent courts."
The Supreme coordinating body between the provinces and local councils to uncles, on 13/6/2017 legitimizes whereby it continues to work until the elections.
It stipulates that the document was "based on inquiries about the powers of provincial councils to continue to work, we would like to show the following: the provinces, districts and district councils continue to manage its affairs until the election of new councils as stated in the text of the article {46 / III} of the election law of provincial councils , districts and areas No. 36 of 2008 as amended and in the case of the postponement of the elections. " The Commission stressed that the continuation of the work of the provincial councils "does not require a decision by the Council of Ministers or the Council of State."
Despite the identification of Prime Minister Haider al - Abadi next month of September as the date for local elections, but the political, legal and logistical data prevent this.
The dispute has led blocs to choose a new election Commission, and the adoption of a new law for local elections, it approached to merge ballots early next year.
According to a member of the Liberal bloc MP Zainab al - Tai, in a statement (term), "we were surprised by the coordinating body between the uncles of the Council of Ministers to address provincial and provincial councils call for the continuation of its work until a new election of the councils."
The decision by the coordinating body between the provinces two weeks after the start of the legislative recess, while the deputies have confirmed that the parliament will discuss the constitutional vacuum in the provinces during the next legislative term.
Explains MP Tai that "provincial Law No. (21) in force, under the provincial cycle of four calendar years starting from the first session," shouts the saying "and therefore can not cabinet extension of local governments unless there is a law regulating the process."
Stipulates (Article 4) of the Provincial Councils Act No. 21 amended that " the electoral cycle councils for four calendar years, starting with the first hearing will . And end membership automatically after completion of the four calendar years commencing on the ratification of the election results."
And you see a member of the Liberal bloc that "large blocs insist on keeping the provincial councils for another year , taking advantage of the transfer of powers, which caused a big mess for local governments, through the inauguration and the appointment of the general managers of these measures, prompting parties and blocs in the electoral propaganda utilizing it ."
MP expects Tai to "announce the Prime Minister Haider al - Abadi for the integration of local elections with the parliamentary beginning of next September after we approached the deadline for the conduct of provincial elections , " asserting that " the political blocs to discuss the integration of the elections a long time ago."
She attributes a member of the Liberal bloc reason delay the elections until the integration of this period to the "crisis of the Electoral Commission , " asserting that " the blocs agreed to refer its members to retirement in exchange for granting them rights to a full pension."
Revealed (range), on Friday, a political agreement which was to convince the members of the Electoral Commission to submit their resignation in return for retirement and to withdraw their nomination for the new Council of the Commission.
It was a meeting of the three presidencies, recently, with the leaders of the blocks did not reach a conclusion on the fate of the Electoral Commission and the date of the elections, as the mass of the rule of law and other blocs refused to decide the fate of the elections only after choosing a new Commission.
Unlike a member of the Liberal bloc, confirms the Chairman of the Committee of the Regions and provinces and the legal validity of a coordinating body for the governorates not organized province.
MP says Soran Ismail "true measure of government , " asserting that " the government is trying to solve the constitutional vacuum that has been created because of the inability of the political blocs and the parliament of legislation provincial elections law crisis."
MP says Soran Ismail (range) that "provincial law No. 21 is complementary to the law of the provincial elections, and there is no intersection between the two laws," pointing out that " the government tried through this Uncles give the legislative picture on the agenda of local councils in the coming period."
Article (46 / I) of the provincial elections law that "determine the date of the elections will be a decision of the Council of Ministers on the proposal of the Commission to be announced by means of various media before the deadline for the vote for 60 days."
While article points (46 / III) to that "in the event of the postponement of the elections and the provincial and district councils continue to manage its affairs until the election of new councils."
And demonstrates Chairman of the Committee of the Regions and the situation in the provinces of Kirkuk , which says it " has not seen holding local elections throughout the three sessions, as well as councils and district and are based on its extension to the law of provincial councils." He reiterated that " the government 's actions are correct and legal."
And singled out the provincial elections law (Article 23) to organize local voting in Kirkuk and states that "hold elections Kirkuk province, districts and areas its subsidiaries after the implementation of the sharing of administrative and security authority and public functions , including the post of head of the provincial council, the governor and deputy governor of the province of Kirkuk components in equal proportions process between the components. "
The MP Hassan Shammari, a member of the Legal Committee, has confirmed (range) that "provincial councils have become unconstitutional and illegal after the end of the four calendar years to which he has Law No. 21 provincial councils."
He pointed Shammari, in an earlier interview, that " the law does not include the case of the conduct of business in its paragraphs , " adding that " the best solution to address this constitutional vacuum is to speed up the legislation of the provincial elections law and to be extended."

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