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Opposition forces propose an "emergency" declaration as a constitutional outlet for postponement
Baghdad / Mohammed Sabah
Opposition forces propose an "emergency" declaration as a constitutional outlet for postponement
Baghdad / Mohammed Sabah
Parliament has not found a constitutional or legal gap to ensure the postponement of the elections for more than a year only by declaring a state of emergency, which requires constitutionally to submit the Prime Minister with the approval of the President of the Republic a request to the parliament to vote on the emergency which will be able to extend the duration of its parliamentary session with the government set by the Constitution four years.
The parliamentary blocs recently agreed to hold a crucial meeting with Prime Minister Haider Abadi next week will try to convince the prime minister of the postponement scenario and discuss the possibility of sending a request to parliament to declare a state of emergency.
The Parliament decided to host the Electoral Commission in a meeting on Thursday to hear the most important obstacles to the holding of elections as well as the dates that will change according to the wishes of the blocks of the House of Representatives, which seemed to refuse to hold elections on dates set by the government.
On the other hand, the forces of the National Alliance will hold an important meeting to discuss the timing of elections and electoral alliances, but these Shiite forces have not yet agreed on the date and place of holding this meeting so far.
"The most important points that parliament will discuss with the members of the Election Commission are the dates set by the government for the elections in the first half of next May, as well as the possibility of holding elections in the liberated areas and the participation of the displaced, "He said.
The Presidency of the House of Representatives agreed with the heads of the parliamentary blocs, in the meeting that gathered them in the Constitutional Hall in the parliament building on Wednesday, hosting the Electoral Commission in a meeting on Thursday to discuss the challenges facing the holding of elections and deadlines.
On Wednesday, Parliament Speaker Salim al-Jubouri met with Election Commission Chairman Maan al-Haytawi and discussed the legal and financial preparations in order to ensure that elections are held on time by passing laws and legislations that contribute to consolidating the foundations of democracy through fair and fair elections.
"Other issues to be addressed to the Electoral Commission are the issue of voting abroad and the adoption of the electronic mechanism for the first time as well as the presentation of results," adding that "the House of Representatives will discuss these issues with the Board of Commissioners to prevent any cases of manipulation may occur here or there.
The Electoral Commission sent an official letter two days ago to the House of Representatives asking him to ratify the date of the parliamentary elections set by the Council of Ministers on 12/5/2018 in accordance with the law of the election of the Council of Representatives No. 45 of 2013 amended and effective, which provides for the ratification of the House of Representatives on the date and the issuance of presidential decree From the President of the Republic by the exact date of the day of the elections.
The Christian MP is the decision of the government, which set the date of elections on May 12, "unilateral unilateralism," pointing out that "the law No. 45 of 2013 in force gives the right to Parliament to ratify the election dates proposed by the Electoral Commission and the Council of Ministers." The parliament's decision states that "the government rushed and took a decision to set the dates of the elections without taking the opinion of the House of Representatives, which is a violation of the law," noting that "there are parliamentary blocs are conservative to hold elections on dates set by the Council of Ministers because of the return of displaced people and the reconstruction of cities, .
And the adoption of the blocks of the Union of Iraqi forces and Kurdish forces openly and shared by some of the Shiite forces obscure the issue of postponement of the elections for a year, and some of these blocks and submitted a request for the United Nations Mission in Iraq (UNAMI) calls for postponement of the elections until further notice, , And the return of all displaced persons to their areas.
The MP from the province of Kirkuk that "the presidency of the parliament and the heads of the blocs agreed in a meeting that took place today (yesterday) Wednesday on the lack of fixed dates for the elections," pointing out that "the parliament will discuss the election law before setting any dates for the elections."
MP Imad John predicted "the possibility of changing the dates of elections set by the government in May next to new dates may be confined between six months to a year," asserting "the existence of a scenario between the political blocs to postpone the elections to the month of October next or more of this period."
The extent was revealed in 24/12 on the scenario of political parties and proposed by one of the blocs to get out of the election crisis, including the delay of the ballot for five months, instead of the next May, which was approved by the government.
The Constitution of Iraq (article 65 / I) specifies the mandate of the Chamber of Deputies that the duration of the electoral cycle of the Council of Representatives shall be four calendar years, beginning with the first session and ending at the end of the fourth year.
The constitution is vague in relation to the "caretaker government." It is not specified in article 46 (II) of the constitution, which stipulates that "the President of the Republic shall call for general elections in the country within a maximum period Sixty days from the date of the solution, and the Council of Ministers in this case resigned, and continue to conduct daily affairs.
As for the legal and constitutional opinion that will be resorted to by the blocs and parliament in the possibility of passing the subject of postponement of the elections, MP John reveals that "the scenario that is taught by different parliamentary blocs resort to the declaration of a state of emergency," adding that "this is the best way to postpone the elections, Security and reconstruction of cities and the return of displaced persons ".
Article 61 of the Constitution provides for the approval of the declaration of war and the state of emergency by a two-thirds majority, at the joint request of the President of the Republic and the Prime Minister. The State of Emergency shall be declared for 30 days, subject to extension.
The Christian MP describes the Parliament's stay in the period of postponement of the elections as important and necessary to oversee the government's work and extend the vote on the state of emergency if approved. "What will happen in the coming days is a postponement of the elections and an extension of the work of parliament and the government," he said.
He pointed out that "the legal and constitutional outlet out of the issue of postponement of the elections is that the government submitted a request to the parliament to declare a state of emergency, which will extend the work of Parliament and the government." He pointed out that "the previous government asked parliament after the introduction of a vote on the state of emergency,
However, this scenario clashes with the insistence of Prime Minister Haider Abadi to hold elections on schedule, after Abadi avoided recently participate in meetings that put the postponement of the elections on the agenda.
The parliament and its bloc are trying to convince the prime minister to postpone the elections by sending a request to the parliament to declare a state of emergency, as MP Imad John said. "Parliament blocs recently agreed to hold a consultative meeting with the government next week to discuss the timing of elections and the general budget." Declaration of the State of Emergency ".
He adds that "the place and date of this meeting between the parliamentary blocs and the Prime Minister has not been determined yet," noting that "if the government is satisfied with the subject of postponement of the elections will resort to the legal and constitutional port is the declaration of a state of emergency."
In turn between member of the Legal Committee, Sheikh Ali said that "Parliament will host on Thursday the Electoral Commission to hear their views and obstacles to the elections," stressing "the presence of work within the parliamentary law to amend the laws of parliamentary and local elections."
"There is a recent postponement of the elections, but in all cases the parliamentary legal committee continues in its work and meetings regarding the laws of local and parliamentary elections," Sheikh Ali explained. "There are proposals by different blocs and deputies on the election laws will be presented to the legal committee."
On the other hand, the MP reveals the bloc of virtue parliamentary Hassan al-Shammari for "the presence of a meeting of the National Alliance forces, which has not yet determined its date and venue, dealing with the subject of election dates and electoral alliances," asserting that "
Al-Shammari said in a statement that "the legal committee did not hold any meeting on the subject of the law of local and parliamentary elections," pointing to "the existence of boycotting blocs of meetings do not want to pass the election laws and the general budget in order to postpone the elections."
The Parliament decided to host the Electoral Commission in a meeting on Thursday to hear the most important obstacles to the holding of elections as well as the dates that will change according to the wishes of the blocks of the House of Representatives, which seemed to refuse to hold elections on dates set by the government.
On the other hand, the forces of the National Alliance will hold an important meeting to discuss the timing of elections and electoral alliances, but these Shiite forces have not yet agreed on the date and place of holding this meeting so far.
"The most important points that parliament will discuss with the members of the Election Commission are the dates set by the government for the elections in the first half of next May, as well as the possibility of holding elections in the liberated areas and the participation of the displaced, "He said.
The Presidency of the House of Representatives agreed with the heads of the parliamentary blocs, in the meeting that gathered them in the Constitutional Hall in the parliament building on Wednesday, hosting the Electoral Commission in a meeting on Thursday to discuss the challenges facing the holding of elections and deadlines.
On Wednesday, Parliament Speaker Salim al-Jubouri met with Election Commission Chairman Maan al-Haytawi and discussed the legal and financial preparations in order to ensure that elections are held on time by passing laws and legislations that contribute to consolidating the foundations of democracy through fair and fair elections.
"Other issues to be addressed to the Electoral Commission are the issue of voting abroad and the adoption of the electronic mechanism for the first time as well as the presentation of results," adding that "the House of Representatives will discuss these issues with the Board of Commissioners to prevent any cases of manipulation may occur here or there.
The Electoral Commission sent an official letter two days ago to the House of Representatives asking him to ratify the date of the parliamentary elections set by the Council of Ministers on 12/5/2018 in accordance with the law of the election of the Council of Representatives No. 45 of 2013 amended and effective, which provides for the ratification of the House of Representatives on the date and the issuance of presidential decree From the President of the Republic by the exact date of the day of the elections.
The Christian MP is the decision of the government, which set the date of elections on May 12, "unilateral unilateralism," pointing out that "the law No. 45 of 2013 in force gives the right to Parliament to ratify the election dates proposed by the Electoral Commission and the Council of Ministers." The parliament's decision states that "the government rushed and took a decision to set the dates of the elections without taking the opinion of the House of Representatives, which is a violation of the law," noting that "there are parliamentary blocs are conservative to hold elections on dates set by the Council of Ministers because of the return of displaced people and the reconstruction of cities, .
And the adoption of the blocks of the Union of Iraqi forces and Kurdish forces openly and shared by some of the Shiite forces obscure the issue of postponement of the elections for a year, and some of these blocks and submitted a request for the United Nations Mission in Iraq (UNAMI) calls for postponement of the elections until further notice, , And the return of all displaced persons to their areas.
The MP from the province of Kirkuk that "the presidency of the parliament and the heads of the blocs agreed in a meeting that took place today (yesterday) Wednesday on the lack of fixed dates for the elections," pointing out that "the parliament will discuss the election law before setting any dates for the elections."
MP Imad John predicted "the possibility of changing the dates of elections set by the government in May next to new dates may be confined between six months to a year," asserting "the existence of a scenario between the political blocs to postpone the elections to the month of October next or more of this period."
The extent was revealed in 24/12 on the scenario of political parties and proposed by one of the blocs to get out of the election crisis, including the delay of the ballot for five months, instead of the next May, which was approved by the government.
The Constitution of Iraq (article 65 / I) specifies the mandate of the Chamber of Deputies that the duration of the electoral cycle of the Council of Representatives shall be four calendar years, beginning with the first session and ending at the end of the fourth year.
The constitution is vague in relation to the "caretaker government." It is not specified in article 46 (II) of the constitution, which stipulates that "the President of the Republic shall call for general elections in the country within a maximum period Sixty days from the date of the solution, and the Council of Ministers in this case resigned, and continue to conduct daily affairs.
As for the legal and constitutional opinion that will be resorted to by the blocs and parliament in the possibility of passing the subject of postponement of the elections, MP John reveals that "the scenario that is taught by different parliamentary blocs resort to the declaration of a state of emergency," adding that "this is the best way to postpone the elections, Security and reconstruction of cities and the return of displaced persons ".
Article 61 of the Constitution provides for the approval of the declaration of war and the state of emergency by a two-thirds majority, at the joint request of the President of the Republic and the Prime Minister. The State of Emergency shall be declared for 30 days, subject to extension.
The Christian MP describes the Parliament's stay in the period of postponement of the elections as important and necessary to oversee the government's work and extend the vote on the state of emergency if approved. "What will happen in the coming days is a postponement of the elections and an extension of the work of parliament and the government," he said.
He pointed out that "the legal and constitutional outlet out of the issue of postponement of the elections is that the government submitted a request to the parliament to declare a state of emergency, which will extend the work of Parliament and the government." He pointed out that "the previous government asked parliament after the introduction of a vote on the state of emergency,
However, this scenario clashes with the insistence of Prime Minister Haider Abadi to hold elections on schedule, after Abadi avoided recently participate in meetings that put the postponement of the elections on the agenda.
The parliament and its bloc are trying to convince the prime minister to postpone the elections by sending a request to the parliament to declare a state of emergency, as MP Imad John said. "Parliament blocs recently agreed to hold a consultative meeting with the government next week to discuss the timing of elections and the general budget." Declaration of the State of Emergency ".
He adds that "the place and date of this meeting between the parliamentary blocs and the Prime Minister has not been determined yet," noting that "if the government is satisfied with the subject of postponement of the elections will resort to the legal and constitutional port is the declaration of a state of emergency."
In turn between member of the Legal Committee, Sheikh Ali said that "Parliament will host on Thursday the Electoral Commission to hear their views and obstacles to the elections," stressing "the presence of work within the parliamentary law to amend the laws of parliamentary and local elections."
"There is a recent postponement of the elections, but in all cases the parliamentary legal committee continues in its work and meetings regarding the laws of local and parliamentary elections," Sheikh Ali explained. "There are proposals by different blocs and deputies on the election laws will be presented to the legal committee."
On the other hand, the MP reveals the bloc of virtue parliamentary Hassan al-Shammari for "the presence of a meeting of the National Alliance forces, which has not yet determined its date and venue, dealing with the subject of election dates and electoral alliances," asserting that "
Al-Shammari said in a statement that "the legal committee did not hold any meeting on the subject of the law of local and parliamentary elections," pointing to "the existence of boycotting blocs of meetings do not want to pass the election laws and the general budget in order to postpone the elections."
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