[size=41]Is it possible to cancel Zarrafi's mandate before the end of the constitutional period or be rejected by Parliament .. Legal answer
[size=41]
2020-04-07
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[size=32]Yassin Iraq: Baghdad[/size]
[size=41]Legal expert, Ali Al-Tamimi, today, Tuesday, clarified the legal and constitutional windows in the matter of assigning Al-Kazimy’s staff, despite the fact that Al-Zarfi continued to assign him without expiry of the mandate period or his rejection from Parliament.
Al-Tamimi said in a statement received by Yassin Iraq that it is “constitutional and in accordance with Article 76 there are days left for him to submit the cabinet booth and the ministerial platform to Parliament in accordance with paragraphs second and fourth of the above article. If he does not succeed in this period or the parliament does not give him the confidence here, we say that he failed.”
He added, "We must differentiate between the case of Zarrafi's failure and the state of canceling his presidential decree mandated by the President of the Republic or his withdrawal from the President of the Republic, as the problem is in the first case if it occurs, as Zarrafi is considered the last candidate stipulated in Article 76, fifth paragraph. In this The situation will turn to Article 81 of the Constitution, and we will be in front of the vacancy of the position, and the President of the Republic will be free to the mandate mentioned in Article 81, a second paragraph of the Constitution, which is the mandate that comes at the lost time.
He continued, "Maybe the appeal against the validity of the decree issued against Al-Zrafi may be appealed before the Court of First Instance on the basis of the presence of an incomplete member of the Federal Court according to which the decree was issued based on the referendum of the President of the Republic, whereby any of the President of the Republic authorized him to the Federal Court. Federal and Zorfi was assigned accordingly.
Al-Tamimi added, otherwise, the assignment of Zarfi or the assignment of another candidate cannot be bypassed.[/size]
Al-Hakim holds Al-Kazemi's assignment
[size=41]In rapid developments during the past hours, bloggers on social media published a news story that Barham Salih had received the book assigning Mustafa Al-Kazemi by Mr. Ammar Al-Hakim, a website on behalf of the Shiite blocs.
None of Al-Hakim's aides, who are on the media, have continuously denied the news.
A journalist close to Barham Salih said that the president sent a personal envoy to Adnan Al-Zarfi to discuss the political blockage taking place, in reference to an indirect attempt to withdraw the mandate.[/size]
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