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[rtl]Date of release: 2018/11/22 9:13 • 174 times read[/rtl]
"The parliament has the right to cancel the decisions of the previous government, but not by relying on an article that ended its constitution in 2010, and this is by law and not by a parliamentary decision as it happened," said a legal expert.
Tariq Harb said in a statement received by the agency {Euphrates News} a copy of it, "the decision of the House of Representatives issued on Wednesday, to stop the work of the previous government resolutions since July 1 until the vote on the new government on 2018/10/24 and if the Parliament to issue such a Bearing in mind that the power of parliament is not limited by the limit but the Constitution, but this decision issued by the parliament is unconstitutional. "
He pointed out that "the unconstitutionality of the parliament's decision to abolish it is clear in many ways. The first is that it mentioned Article 138 of the Constitution, which ended in 2010 with the end of the Presidency Council which was in the first electoral cycle from 2006 to 2010 when it was formed under the chairmanship of the late President Jalal Talabani. Abdul-Mahdi and Tariq al-Hashemi, and this is clear from the beginning of the article that decided {replace the term of the Presidency Council replace the term of the Presidency of the Republic} in Article 138 of the Constitution.
He added that "the decision of the Parliament mentioned paragraph V of Article 138 in the Constitution, which provides for the {send .. decisions made by the Council of Representatives to the Presidency Council} and this Council has expired and there is no since the elections in 2010 where the Presidency Council, which mentioned the decision of Parliament in paragraph V of Article "Did not this text and the collision of the outgoing presidential council be read?"
He pointed out that "it was necessary to issue a law and not a decision did not arrange the constitution has no legal effect except for the decisions set by the Constitution and arranged effects such as the validity of membership and secret meetings and the election of presidencies and ministers and extend its meeting and the submission of legislation and vote on them and withdraw confidence and other decisions identified "The constitution, which did not include the situation contained in the resolution of the parliament yesterday, which was necessary to be a law that has a legal effect, including granting the President of the Republic the authority to ratify the law, but does not have the authority to ratify the decisions such as the resolution passed by the parliament yesterday.
He stressed that "the parliament to take legislation and prepare a law to deal with this situation, but does not have it if it was a decision as it did, not by a law as the Constitution decided that and in such a serious subject, and we have a precedent months ago in the issuance of a decision was canceled and the issuance of the Third Amendment Law."
The House of Representatives, voted in its ordinary session on Wednesday, a resolution on the decisions of the Council of Ministers during the previous period of the conduct of business and submitted by the Legal Committee.
The text of the resolution: "The House of Representatives decided to consider the decision of the Prime Minister and his previous government a number of decisions contrary to the provisions of the Constitution in its articles [24,61,80} during the end of the third parliamentary session and the absence of legislative and oversight role of the House of Representatives, 2018 until 24 October 2018, and the Prime Minister and members of his government to reconsider the decisions issued and take what is required in accordance with the provisions of the Constitution and the laws in force. "
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Legal expert: Parliament's suspension of previous government decisions is unconstitutional
[/rtl][rtl]Date of release: 2018/11/22 9:13 • 174 times read[/rtl]
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[rtl]"The parliament has the right to cancel the decisions of the previous government, but not by relying on an article that ended its constitution in 2010, and this is by law and not by a parliamentary decision as it happened," said a legal expert.
Tariq Harb said in a statement received by the agency {Euphrates News} a copy of it, "the decision of the House of Representatives issued on Wednesday, to stop the work of the previous government resolutions since July 1 until the vote on the new government on 2018/10/24 and if the Parliament to issue such a Bearing in mind that the power of parliament is not limited by the limit but the Constitution, but this decision issued by the parliament is unconstitutional. "
He pointed out that "the unconstitutionality of the parliament's decision to abolish it is clear in many ways. The first is that it mentioned Article 138 of the Constitution, which ended in 2010 with the end of the Presidency Council which was in the first electoral cycle from 2006 to 2010 when it was formed under the chairmanship of the late President Jalal Talabani. Abdul-Mahdi and Tariq al-Hashemi, and this is clear from the beginning of the article that decided {replace the term of the Presidency Council replace the term of the Presidency of the Republic} in Article 138 of the Constitution.
He added that "the decision of the Parliament mentioned paragraph V of Article 138 in the Constitution, which provides for the {send .. decisions made by the Council of Representatives to the Presidency Council} and this Council has expired and there is no since the elections in 2010 where the Presidency Council, which mentioned the decision of Parliament in paragraph V of Article "Did not this text and the collision of the outgoing presidential council be read?"
He pointed out that "it was necessary to issue a law and not a decision did not arrange the constitution has no legal effect except for the decisions set by the Constitution and arranged effects such as the validity of membership and secret meetings and the election of presidencies and ministers and extend its meeting and the submission of legislation and vote on them and withdraw confidence and other decisions identified "The constitution, which did not include the situation contained in the resolution of the parliament yesterday, which was necessary to be a law that has a legal effect, including granting the President of the Republic the authority to ratify the law, but does not have the authority to ratify the decisions such as the resolution passed by the parliament yesterday.
He stressed that "the parliament to take legislation and prepare a law to deal with this situation, but does not have it if it was a decision as it did, not by a law as the Constitution decided that and in such a serious subject, and we have a precedent months ago in the issuance of a decision was canceled and the issuance of the Third Amendment Law."
The House of Representatives, voted in its ordinary session on Wednesday, a resolution on the decisions of the Council of Ministers during the previous period of the conduct of business and submitted by the Legal Committee.
The text of the resolution: "The House of Representatives decided to consider the decision of the Prime Minister and his previous government a number of decisions contrary to the provisions of the Constitution in its articles [24,61,80} during the end of the third parliamentary session and the absence of legislative and oversight role of the House of Representatives, 2018 until 24 October 2018, and the Prime Minister and members of his government to reconsider the decisions issued and take what is required in accordance with the provisions of the Constitution and the laws in force. "
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