Maliki: Parliament is responsible for the resignation of Commissioners

[You must be registered and logged in to see this image.]

Carried circles of political and parliamentary, the House of Representatives responsible for mass resignations submitted by members of the Board of Commissioners, which came to protest against what they described as "the intersection of the proceedings between the legislative and executive branches" expressive at the same time, fears over the growing size of the interventions parliamentary work of independent bodies, which resulted in the resignation of the Board of Commissioners.

And push the decision to resign, the Prime Minister Nuri al-Maliki, saying, "" The House of Representatives jumped on the powers of his work of enactment of laws, "in reference to the issuance of the Council decision requiring the Commission not to the exclusion of any candidate except by court order, pointing out that" the right of the House of Representatives an amendment to the work of the Commission through the enactment of the Commission's decision not to issue.

And received the resignation of the Board of Commissioners, the surprise of the United States, expressed through a statement issued by the U.S. embassy to Baghdad, expressed support for the work of UNHCR and its emphasis on the establishment of the parliamentary elections as scheduled.

He expressed the EU fears of the possibility of the postponement of parliamentary elections following the decision to resign, which was denied by the Deputy Prime Minister for Energy Hussain al-Shahristani, when he told the head of the mission in the Middle East Christian Berger, the absence of any intention to postpone the parliamentary elections. Attributed to sources in the Independent Higher Commission for Elections the reasons for the resignation of the Board of Commissioners, to "conflict happening between the judiciary and the legislature in interpreting the provisions of Article VIII, specifically the third paragraph of the Electoral Act which relate to the good behavior of the candidates," is that the Commission considers the issuance of the House of Representatives a resolution necessary not to exclude any candidate without a court order, the causative President resignation to the Board of Commissioners.

The decision to resign, the concerns of many of the political blocs, which expressed concern about the possibility of a parliamentary election as the end of next month, in light of these resignations, but that blocks the other went to the interpretation of the resolutions of the House of Representatives, and his involvement in the work of the Commission to the existence of "the motives for not establishing elections ", especially as the decision was taken at the meeting was not listed on the agenda, such a decision. linking MPs, the increasing size of the interventions in the work of independent bodies by the House of Representatives, with what Adopted by the Speaker of the decisions unfair to Iraqiya, which prevent them from covering the work of the Council, in the form of consistent and a series of abuses of legal confirmed it has increased dangerously in recent times. Prime Minister, carry during his weekly televised on Wednesday, the House of Representatives, is responsible for the decision of the Board of Commissioners to provide mass resignation, warning that such behavior he could lead to get "a disaster affecting the holding of elections and the political process as a whole." He said al-Maliki, said the decision to the Board of Commissioners was surprising, at a time when we are witnessing the completion of "all the requirements for holding the elections, and work to reach an advanced stage by the Commission."

In the view of al-Maliki said, the sudden resignation of the Board of Commissioners in March came after the House of Representatives pressed through the issuance of a decision not to exclude any candidate, but sentenced them, a matter which he considered al-Maliki "interference in the work of the Commission."

The Prime Minister explained, "The House of Representatives jumped on the powers of his work of legislation laws issued a decision preventing exclusion," pointing out that "the right of the House of Representatives an amendment to the UNHCR's work through the enactment of the Commission not to issue a decision." In the meantime, told Deputy Prime Minister for Energy Hussain al-Shahristani, a delegation from the European Union that there is no intention to postpone the parliamentary elections on April 30 next year. said in a statement to the Office of Shahristani, received "morning," a copy of it, that "Najafi and during his meeting yesterday with the Director of the Middle East for the Foreign Service European Christian Berger and the delegation accompanying him in the presence of the European Union ambassador to Iraq Yana Hapaschkova, denied any intention to postpone the elections in Iraq. "For its part, the United States confirmed its support for the Independent High Commission for the elections, and its support for efforts to hold parliamentary elections as scheduled.

And crossed the U.S. embassy to Baghdad, in a statement received "morning," a copy of it, for "its full support for the democratic process in Iraq and support its democratic institutions as described and provided for in the constitution, especially Article 102 specifically, and which provides for the independence and impartiality of the Electoral Commission for the elections. "

Extensive details ...

Through politicians have expressed fears over the growing size of the interventions parliamentary work of independent bodies, which resulted in the recent submission of the Board of Commissioners mass resignations in protest against what they described as "the intersection of the proceedings between the legislative and judicial branches," a matter which called for Prime Minister Nuri al-Maliki, to say "that" House jumped on his powers of legislation laws, "in reference to the Board for the issuance of the law required the Commission not to the exclusion of any candidate except by judicial order.

She attributed sources in the Independent Higher Commission for Elections reasons for the resignation of the Board of Commissioners, to "conflict happening between the judiciary and the legislature in interpreting the provisions of Article VIII, specifically the third paragraph of the Electoral Act which relate to the good behavior of the candidates," is that the Commission considers the issuance of the House of Representatives of the law obliged not to exclude any candidate without a court order, causing the resignation of the president of the Board of Commissioners.

It was announced at the Board of Commissioners of the Electoral Commission yesterday evening (Tuesday) that all members of the Council have put their resignations, however, their chief objection to "pressure" they are exposed on the back of "conflict" between the legislative and judicial branches.

The earlier decision to resign, the concerns of many of the political blocs, which expressed concern about the possibility of a parliamentary election as the end of next month, in light of these resignations, but that blocks the other went to the interpretation of the resolutions of the House of Representatives, and his involvement in the work of the Commission to the existence of "the motives for not establishing elections ", particularly since the decision was made at the meeting was not listed on the agenda, such a decision.

And linking parliamentarians, increasing the size of the interventions in the work of independent bodies by the House of Representatives, with what Adopted by the Speaker of the decisions unfair to channel the "Iraqi", which prevent them from covering the work of the Council, in the form of consistent and a series of abuses of legal confirmed it has increased dangerously in recent the last.

The legal expert Counting House vote last week on the decision not to exclude candidates who did not issue a ruling against them "unconstitutional", as described by a coalition of state law as "a setback for the democratic process in Iraq."

Limbo

Prime Minister, carrying through his weekly televised on Wednesday, the House of Representatives, is responsible for the decision of the Board of Commissioners to provide mass resignation, warning that this behavior is able to lead to get "a disaster affecting the holding of elections and the political process as a whole."

He said al-Maliki, said the decision to the Board of Commissioners was surprising, at a time of the completion of "all the requirements for holding the elections, and work to reach an advanced stage by the Commission."

In the view of al-Maliki said, the sudden resignation of the Board of Commissioners in March came after the House of Representatives pressed through the issuance of a decision not to exclude any candidate, but sentenced them, a matter which he considered al-Maliki "interference in the work of the Commission."

The Prime Minister explained, "The House of Representatives jumped on his powers of legislation of laws to prevent the issuance of the decision of exclusion," pointing out that "the right of the House of Representatives an amendment to the work of the Commission through the enactment of the Commission's decision not to issue."

Prime Minister promised "the behavior of the House of Representatives to the Electoral Commission as a serious and catastrophic impact on the election process and the entire political process," noting that "there is no point has the powers to postpone the parliamentary elections."

Maliki warned "the House of Representatives to intervene in the work of the Electoral Commission and handled in a manner to issue decisions," while calling on the Board of Commissioners to withdraw his resignation to pry the risk of demolition of the entire political process. "

The risk of violating the constitution

For his part, carrying the leader of the coalition of state law Yassin Majeed Presidency of the Council of Representatives responsible for the resignations of the Board of Commissioners, stressing that the legislative power exercised more "pressure" on the members of the Commission.

Majid said in a press statement: "The election commission has long warned revealed the existence of pressure put on them by the political blocs are known to change their positions," noting that "exposure to the Electoral Commission in any form of pressure is a violation of the Constitution and the democratic process demanded by everyone." .

"The pressure got to the stages can not be tolerated, especially by the Presidency of the Council of Representatives and some of the major political blocs that seek to influence in favor of certain political views," adding that "the continued pressure on the Office of the election will lead to a crisis within the Commission itself that threatens to postpone elections ".

Majeed said that "holding the elections as scheduled is a constitutional entitlement can not be bypassed in any way and that the elections will delay the entire political process at risk and would be a setback for the democratic process in Iraq."

For his part, stressed the head of the parliamentary Virtue Ammar Tohme said that "the decision of the Board of Commissioners to resign calls for serious concern, and is an indication of non-positive at a depth of the crisis faced by the democratic experiment in Iraq."

Added Tohme said in a statement received "morning," a copy of it, "Perhaps it is rare to hear in a democratic state based mechanisms of peaceful transfer of power to take the body responsible for elections, a decision to resign ahead of elections, especially if they have noticed the large number of security challenges and political and the intersection of the political parties."

He pointed out that "it is clear that political conflicts are not limited adverse effects on the field without the other and spread to affect the work of the Electoral Commission, which calls on all political forces to review their positions and identified controls the Constitution and the law."

Is disturbing and scary

In turn, the decision was considered the parliamentary legal committee Omar al-Jubouri collective resignation to the Board of Commissioners of the Electoral Commission is "disturbing and scary."

Jubouri said in a press statement: "The House of Representatives will meet next week, and probably will be a decision for the conviction of the Commission to reverse the decision of the collective resignation to the Board of Commissioners, because it is dangerous and time is appropriate," noting that "the decision to resign is a disturbing and scary, and the entrance to the postponement of the elections, which is an act contrary with the Constitution. "

He added Jubouri that "some sort of conflict happened between the judiciary and the legislative authority in interpreting the provisions of Article VIII, specifically the third paragraph of the Electoral Act which relate to the good behavior of the candidates," noting that "this paragraph requires the presence of a court ruling issued against the candidate in order to remove him from the election, But a special tribunal issued an election among some decisions to exclude candidates based on the complaints. "

He continued, "The Parliament obliged the Commission to deal with the candidates in accordance with the requirements of the conditions for the nomination and the candidate must be unlikely to have been subjected to a judicial decision is a crime involving moral turpitude," explaining that "the Electoral Commission felt embarrassed at the appropriate between the judiciary for the elections and legislative decision, and in order to not be subject to accountability and questioning appeared to resign. "

Jubouri said "the need for understanding between the judiciary and the legislature within the framework of the separation of powers based on the provisions of Article 48 of the Constitution," noting that "if the Board of Commissioners did not back down on his resignation will be very difficult to imagine elections without the presence of the Office."

Legal Violations

In addition, the MP said the coalition of state law Hanan al: "The pressure on the Commission and prevent the" Iraqi "legal violations are added to the many abuses carried out by the Speaker of the House."

Confirmed placeholders in a statement the "morning", "The decision to prevent the" Iraqi "unconstitutional and there is no legal basis, and today the pressure on independent bodies under the Constitution and the law is also a constitutional violation and should work professionally and impartially according to the law regulating its work without being subject to pressure from any party. "

She Fatlawi that "the Law Commission necessary to implement the decisions of the judiciary because it is final and conclusive and not subject to appeal," adding that "the issuance of President of the Council decision ordering the Commission to implement it is contrary to the decision of the judiciary is a blatant interference to the work of the Independent Electoral Commission."

It showed Fatlawi that "such decisions are contrary to the most basic rules of democracy, rights and assets," pointing out that "a part of this decision is to muzzle the mouths and suppression of freedoms and is blown to the political process, as it can not be a political process correctly without independent commission for elections neutral act professionally" .

And increased by saying: "It is likely that there will be goals behind these decisions aimed disrupt the elections," pointing to the possibility that "the President of the Parliament may wish to postpone the elections."

With regard to the prevention of channel "Iraqi" to cover the hearings, said Fatlawi: "The Iraqi" objected to the disposal of prevention and proved its position in front of the media, and objected to other channels to media on this act, as it is possible to be exposed any another channel for the ban on the grounds that its conflict with the Chairman of the Board's policies. "

She called Fatlawi "channel" Iraqi "to resort to the judiciary to deliver a message to the President of the Council that there is no one above the law." In turn, said the National Alliance MP Abbas al-Bayati said that "what was done by the Independent Electoral Commission is to protect the democratic process and put everyone in front of their responsibilities to non-interference in their work. "

He said in a statement the "morning", "The Commission is independent and works according to the law and the Constitution, nor should any of the parties to interfere in their work," he said, adding that the Commission launched a siren for democracy, and confirmed that it is moving forward and will go forward and everyone is eager on the functioning of democracy in accordance with the asset. "

He said al-Bayati: "We are still at the beginning of building a democratic system and we will face challenges and obstacles, but we are in the right direction," noting that "prevent" Iraq, "the decision is unjustified not legally or constitutionally, as well as to intervene in the affairs of the Commission has no legal cover nor a constitutional two Khriqan senior. " He called for "legislative authority to justify it to the fans, because he can not interfere in the work of others without legal justification."

About the Commission

Office of the Independent Electoral Commission, professional, governmental, independent and impartial under the control of the House of Representatives, has sole responsibility in the organization, implementation and supervision of all kinds of elections and referendums.

Electoral Commission for elections is a constitutional institution and in accordance with Article 102 and formed under the Commission Act No. 11 of 2007 to replace the (Independent Higher Commission for Elections in Iraq / electoral transition) which was responsible for holding the elections and the referendum on the constitution in 2005.

Jobs Commission

Commission considers the Independent Electoral Commission only government has the power to lay the foundations and rules adopted in elections and referendums federal and provincial in all parts of Iraq and do advertising, organization and supervision of all elections and referenda, including voter registration and the general elections and provincial elections.

Comprising the Electoral Commission for elections of the Board of Commissioners and the electoral administration and the Commission to include 19 offices covering nineteen provinces in Iraq are all of them (two offices in Baghdad) in addition to the office of the Kurdistan region.

Board of Commissioners

Council represents the legislative commission is composed of nine commissioners including the head of the electoral administration, was chosen by the Iraqi Council of Representatives, which took into account when choosing the legal requirements and objectivity, including, citizenship and civil and university degree as well as experience the election, competence and integrity and independence, and was taking into account the representation of women.

As well as the text of the Law Commission that also includes the Board of Commissioners on at least two bills, and the Council at its first elected from among its members and a majority of five of its members at least a chairman and a vice chairman and a rapporteur and the electoral administration has no right to vote.

The functions of the Board

Board of Commissioners is responsible for approving the policy of the electoral process, management and monitor the performance of the electoral administration, and therefore performs the following functions:

• overseeing the establishment and update the voter register in cooperation with provincial and regional electoral offices.

• To organize the process of recording and certification of political entities competing in the elections.

• Organization and ratify the list of candidates for the elections.

• accreditation of observers and political entity agents and media representatives.

• Decide on all electoral complaints and objections.

• ratification procedures.

• Advertising and ratify the final results of the elections and public referenda and elections with the exception of the results of the House of Representatives, where it is exclusively the Federal Court.

• Establish rules and regulations that ensure fair elections.

• the ratification of the structure of the electoral administration and appointments Ya.

• Develop financial policy of the Independent High Commission for Elections.


[You must be registered and logged in to see this link.]