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Experts and politicians: the end of the life of the parliament does not create a 'constitutional void »
03/7/2018 12:00 am [rtl]BAGHDAD / Shaimaa Rashid Muhannad Abdul Wahab The House of Representatives ended last Saturday, after failing to extend its life until the completion of counting and counting and the ratification of the Federal Court on the results of the elections, and thus ended the Parliament four years, which completed many important laws and decisions, Legal experts, politicians and deputies of the outgoing parliament that "no constitutional vacuum" the end of the parliament. While some of the former deputies saw the opposite, as they stressed that the end of the life of parliament enters the country in the constitutional vacuum because the Constitution identified three pillars of the state (legislative, executive and judicial) and the disruption of any pillar of these pillars, "enter Iraq in a constitutional vacuum," at the time Views differed on the powers of the current government between those deemed "full powers" and those considered "restricted" in some paragraphs. In his last statement, the Speaker of the House of Representatives outgoing Legislative Council Salim Jubouri in a tweet to him on Twitter late Saturday night, commenting on the end of the third parliamentary session: "During the four difficult and challenging years the parliament has done dozens of historical laws, Thankful to 328 deputies who were heroes in the test of the ordeal. " Full powers member of the former House of Representatives on the left, explained that "the parliament ended its current session not able to the extension, which is contrary to the Constitution," while referring to the continuation of the government in its work with "full powers." "The last morning was the last day of the parliament, and can not be extended because it is contrary to the Constitution and wait for the new results and the formation of the government," noting that "there is no constitutional vacuum on the basis that the government according to the Iraqi constitution full powers, and there are only two cases In the Constitution make the government (caretaker government) first when the President of the Republic to request a parliament to dismiss the Prime Minister, and the second is the dismissal of parliament to the government. " He added that "the government full powers except the inability to ratify the international conventions or other, because it depends on the parliament, and that the political blocs continue in the study of alliances, but in practice will take matters reality and final form after the ratification of the election results through the principle of consensus on Alliances in the formation of the largest bloc or in the formation of the government. " Political term For his part, the Minister of Immigration and Displaced Jassim Mohammed, that the current government will continue its work full powers after the end of the life of the House of Representatives, noting that "there is no such thing as a constitutional vacuum." The minister said in a press statement: "The current government will continue to work with full powers except for decisions that need to be ratified by parliament," adding that "there is no such thing as a constitutional vacuum, as the constitutional vacuum is not a legal term as much as a political term" , Stressing that "all that will happen is the absence of a temporary legislative body, which is the House of Representatives." Legal opinions In this context, the legal expert Tariq Harb, that "the current government will continue to exercise its powers in full and in all fields, areas and authorities in accordance with Article 78, which gives the powers of the Prime Minister to be directly responsible for the policy of the state and not the government, The Council of Ministers to implement the general policy of the state, which becomes absolute powers of the hands of slaves and do not need the parliament. " "There is no urgent or necessary laws, except the adoption of the budget, which must reach the parliament by the month of October," he said, noting that "the current government can write a draft draft budget for the next year until the parliament and vote on it before "The legislative and monitoring process is related to the next parliament, but in terms of the experiences we have had with previous governments, we have seen that most of the surveillance and even the questioning of ministers were carried out in an improper logic, so there is no fear of what can be considered a vacuum," he said. Constitutionally ". The legal expert pointed out that "the Commission needs support in order to start counting and sorting to end the results of the elections," noting that "the process if it is delayed will not disrupt something from the constitutional point of no matter that the country remains without a parliament and the government can operate the system 1 / 12, to walk the country's finances, "He said:" The counting and sorting and announcement of the results do not contain the timing of constitutional and can last months because the Constitution did not put time for them, "noting that" the law set ten days to consider appeals, "and the war that" Every election there is a parliamentary vacuum, but this year's elections are different because it is so far N did not start counting and counting and the results were not approved to hold the new parliament. " In turn, the legal expert Ali al-Tamimi, that Iraq did not enter into a constitutional vacuum after the end of the work of Parliament, stressing that "the deputies became citizens." Al-Tamimi said in a press statement: "The age of the parliament ended at 12 o'clock and minutes on the first Sunday of July, and the deputies became ordinary citizens and their immunity was lifted," noting that "the Constitution allows the executive authorities to arrest the deputies after the end of their parliamentary session and lift immunity , Which facilitates the process of arrest and handed over to the judiciary to hold them accountable for what they have done a crime. " He added that "Iraq has not entered into a constitutional vacuum, but it will have a parliamentary vacuum, the parliament does not exist until the formation of the new parliament, and the government will turn to (a caretaker government daily), where the lack of authority does not have the ability to conclude contracts or amend the Constitution Or legislation of laws ". Al-Tamimi stressed that "the parliament can not extend its work because the Federal Court rejected that, in addition to the Constitution in Article 56 refused to extend the work of the House of Representatives." A dangerous precedent "Al-Mutlaq received in his office on Monday, Raed Fahmi, secretary of the Central Committee of the Communist Party of Iraq and Saad Assem al-Janabi, head of the Iraqi Republican Rally Party, and discussed the political process in the vacuum Legislative elections in the country and waiting for the results of counting and sorting by hand. " Al-Mutlaq called on the political blocs to cooperate with each other to overcome the crisis and to reject the corrupt who introduced the country into strange whirlpools. The meeting also discussed the steps to form the largest bloc and the necessity of accelerating the understandings between the winning parties and setting the framework of the national plan aimed at producing the government of change and reform. Legislative vacuum In turn, between the former parliament member Salah al-Jubouri, that "there is no constitutional vacuum, but there may be a legislative vacuum or oversight," noting that "the government in normal cases have full powers, but in the absence of parliament, some powers are reduced by the government." "There will be a slight change after the legal body and the body that was formed to consider the appeals and complaints," he said. "There will be a regulatory vacuum, not a government vacuum. "Some of the results will change and then the names will be brought to court and the constitutional timing will begin." For her part, noted former parliament member Jamila al-Obeidi, "We tried in any way to continue for observation, especially that the country today needs to control, because our country operates according to parliamentary parliamentary system and if the end of the role of parliament there will be a defect in the political system," said Obeidi "The morning": "The constitutional vacuum has existed for some time, especially since the executive authority did not take its real role after what happened in the elections." Former parliament member Amer al-Fayez, confirmed to the "morning" that "there is no presence of parliament after the end of its term," noting that "the delay of the parliament may lead to a legislative vacuum is large because the current government does not have the right to legislate any law or other matters of interest to the country" , Said Fayez: "The country is now suffering from a parliamentary vacuum because it can not be members of Parliament members if not approved by the Federal Court and the swearing- in." Waiting for results The former parliament member Yonadam Kanna, said that "the parliament ended its meetings, but the government will continue in its functions, except for some strategic things, especially as the government is committed to the budget items in terms of administration and security responsibilities of course." "We may have to" morning ":" The government may not with the end of the work of Parliament, enter into international agreements as a transitional and a constitutional vacuum, and otherwise do all its functions until the ratification of the election results by the Federal Court. He continued: "We are waiting for the end of counting and sorting by the Commission and then respond to the appeals and then the ratification by the Federal Court on the results, to invite the President of the Republic then the opening session of the new parliament, as there are constitutional timing between each stage, "If the commission goes to full counting and counting, it may last more than two months; if it is partially, it will last for a month." For his part, between the former parliament member Majid al-Gharawi, "We are waiting for the results of counting and sorting until the results of the election fully and to be ratified by the Federal Court, and then a session of the new parliament until the constitutional contexts are moved ahead of the election of the Speaker of Parliament and his deputies and the President and mandate Head of the largest bloc to form a government in accordance with constitutional times. " Al-Gharawi told Al-Sabah: "The formation of the new parliament depends on the results and on the circumstances. Although there are desperate attempts to introduce the country into a constitutional vacuum or in unknown results, these fears fell through not extending the life of parliament. Which is scheduled to start (Tuesday) will be completed in record time, "noting that" will be cut all the ways that try to make the country to engage in partisan and political conflicts and consequences do not thank its heels. " Al-Gharrawi added that "things will not exceed the month after the announcement of the results and the conviction of all parties, where the results will be announced in record time by the Federal Court because of the circumstances and the absence of a parliament, prompting the Court to ratify as soon as possible until a regular session to move things prepared in advance, "There is no constitutional vacuum and the government and the judiciary are carrying out their duties and there will be no impact as everyone expects." Conduct of the former MP from the National Bloc Faris Faris, confirmed that " the end of the age of parliament , the government turns into a caretaker government because the parliamentary system , the constitutional based on the three pillars of judicial, legislative and executive authorities and the disruption of any pillar of the pillars of prejudice in the construction of the state." Al-Faris told al-Sabah that "the end of the life of the parliament will enter the constitutional vacuum and will bear the government administration of the absolute authority executive and legislative," noting that "Iraq is in a difficult situation, especially in the face of conflicts of political blocs and parties, and the process of elections are chaotic and required to prepare the government to manage these files Objectively. " He stressed the knight, "the importance of the political blocs to be patriotic and care for the homeland and to give priority to the supreme interest of the country and to reflect these conditions in a safe manner until the election results are sorted and approved by the Federal Court." While the former MP Mahdi al-Zubaidi, that "the reality of the situation requires us to address the issue, because we entered the constitutional vacuum and to date has not ratified the actual election results." Al-Zubaidi told al-Sabah that it was with the extension of the life of the parliament "until the ratification of the Federal Court on the election results in order not to exploit the constitutional vacuum, even extended the work of the House of Representatives until the announcement of the results was better for the country to enter the constitutional vacuum," pointing out that " Parliament could have been a case of temporary treatment avoid entering the country in the legislative vacuum, "noting that" there is no constitutional text dealing with the legislative vacuum with a constitutional and legal cover. " A temporary treatment with the former MP Abdul Karim al-Naqib about the mass of the citizen, that "Iraq entered the constitutional vacuum in 2010, and the situation now is not the first; so the government will continue to conduct the business until the ratification of the election results and support as temporary solutions, Next session and end the constitutional vacuum. " "The caretaker government can last for up to six months, and this is what happened before in the political process, and the government has to manage the business," he said. "The continuity of the work of the House of Representatives was an attempt by the temporary treatment we support. , Especially that the Electoral Commission needs legislative control during this period because the performance of the Commission is not the performance required and the process of the election is a lot of negative indicators, "and asked the captain:" Who monitors the performance of the Commission after the end of the work of the legislature![/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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