Legal: The constitution does not allow the resignation of a resigned prime minister
Legal expert, Ali Al-Tamimi, believed that the [You must be registered and logged in to see this link.] does not allow the assignment of a "resigned" prime minister to form the government again, indicating that the caretaker government is nearing completion and the administration of the country will be transferred to the President of the Republic, Barham Salih, according to the constitution.
The legal expert, Ali Al-Tamimi, said: “Paragraphs 3, 4 and 5 of Article 76 of the [You must be registered and logged in to see this link.] confirm that in the event of the government’s resignation, the President of the Republic shall assign another person to form the government. Noting: The resignation of the government means failure or vacancy, so it is not possible to reassign a resigned and failed government.
He added: The constitutional deadline for the caretaker government is nearing its end. Stressing: The caretaker government is not entitled to issue decisions according to the constitution, and all decisions issued by the caretaker government can be appealed before the administrative judiciary in the Federal Court.
He clarified: The constitutional periods stipulated in the constitution are sacred and may not be exceeded. Pointing out that the President of the Republic has 15 days, and the Prime Minister has 30 days in the caretaker government, and at the end of the period the administration can transfer to the President of the Republic in accordance with Article 81.
He indicated: The Prime Minister, Adel Abdul Mahdi, seeks to remain in the government The conduct of business, and this is not permissible, and upon his insistence the President of the Republic can resort to the Federal Court. Stressing: The constitutional deadline for the caretaker government will expire in the next few days.
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