Presidency of the Parliament: It makes no sense for Barham Salih to perform the duties of Abdel-Mahdi in a government without ministers
20:42 - 17/12/2019
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Information / Baghdad
First Deputy Speaker of Parliament Hassan Al-Kaabi confirmed on Tuesday that the establishment of the President of the Republic as Prime Minister calls for the government to remain on the list of its current ministers.
Al-Kaabi said in a statement received / information /, that what is being discussed in the media regarding the position of the President of the Republic as the Prime Minister in the event that he does not assign the candidate to form the government during the constitutional period calls for its implementation and according to Article (81) of the constitution that the President of the Republic takes the position of The Prime Minister, when the position is vacant for any reason whatsoever, the following:
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[*]The government remains in place with its current ministers, and the ruling on resignation or resignation does not apply to it. Rather, the person of the Prime Minister is replaced by another person, the President of the Republic.
[*]The President of the Republic assumed the position of Prime Minister and exercised his powers without restriction, because of the frankness of the text of Article (81 / First) of the Constitution.
[*]The government is considered original and not a caretaker government, and it has full powers stipulated in the constitution.
And that “the Prime Minister previously submitted his resignation, and that resignation was approved by the House of Representatives, which means that the government becomes a caretaker government, and as the saying that the Prime Minister is not fit to continue to head the government, it is also the ministers’ responsibility that the government’s responsibility is solidarity, and that It makes no sense for the President of the Republic to act as the Prime Minister in a government in which there are no ministers, and since Article (Second) of Article (81) of the Constitution obliges the President of the Republic in the event that he takes the position of the Prime Minister to assign another candidate to form the Ministry within a period not exceeding (15) days according to the provisions of Article (76) of the A constitution, which is the same obligation incumbent on the President of the Republic in the event of the resignation of the government, and if this period elapses without he fulfilling that mandate, this commitment will not be waived, we believe that all this requires the continuation of the Prime Minister to conduct business with his current government until the President of the Republic implements Constitutional obligation placed on It is constitutionally responsible according to the principle of the continuation of the state, and it is not permissible in such a case for the President of the Republic to act as the Prime Minister, because we are not in a state of (vacancy of the position of Prime Minister). 25 n ended