[size=35][size=35]After 15 months of its dissolution, "the provincial councils" are a thorny file shrouded in mystery[/size]
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04-04-2021 | 12:33
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However, the aforementioned "dissolution" parliamentary decision has faced great criticism and a number of chairmen and councilors have challenged it, on the pretext that Parliament does not have the authority to dissolve the provincial councils with a decision.
In another step, the Iraqi Council of Representatives voted on November 26, 2019, on [url=https://www.alsumaria.tv/Entity/139328/%D8%A7%D9%84%D8%AA%D8%B9%D8%AF%D9%8A%D9%84 %D8%A7%D9%84%D8%AB%D8%A7%D9%86%D9%8A/ar/]The second amendment[/url] For the Governorate Council Elections Law No. 12 of 2018, with the aim of dissolving the governorate councils by law.
Constitutional violation
Shirwan Aldobardani, a member of the Parliamentary Regions Committee, points out that "the provincial councils are constitutional, and the decision to dissolve them came because of popular protests at the time, and their abolition is against the constitution, because that requires a constitutional amendment, and we currently have a bill for the third amendment to hold provincial and district council elections." While the district councils were dissolved by the third parliamentary session. "
Al-Dobardani said to Alsumaria News, “We are waiting for the coming days after the President of the Republic ratifies the members of the Federal Court to consider the appeal submitted by the heads and members of the provincial, districts and sub-district councils,” explaining that “in the event that the appeal submitted by them is rejected, the dissolution decision will remain valid, otherwise it will return. The councils will operate until new elections are held. "
[rtl]Related articles[/rtl]
As for the reason why the governorates of Kurdistan are not included in the decision to dissolve or cancel, Al-Dobardani states, "In the region there is a government and parliament that decide whether to dissolve or maintain the provincial councils, unlike the rest of the provinces. [You must be registered and logged in to see this link.] Not associated with a "territory."
It was dissolved but not canceled
In the context, the legal expert, Ali Al-Tamimi, explains that “according to Article 20 of Law 21 of 2008 the Provincial Councils Law, the provincial council can be dissolved at the request of one-third of the members of the provincial council or the governor or a request to the presidency of the parliament of one-third of the members of parliament, Voting on this shall take place by the House of Representatives by an absolute majority of the total number of Parliament, for reasons including: breach of work tasks, violation of the law or the loss of one-third of its members, membership conditions, and the end of the 4-year period in which the provincial council was elected, whoever has the right to dismiss or extend is Parliament ".
Al-Tamimi continues, telling Alsumaria News, that “according to Federal Court decision 80 of 2017, Parliament has oversight and general mandate over the work of these councils in accordance with Article 61 of the Constitution,” adding, “But the provincial councils remain by virtue of Article 122 of the constitution and can only be abolished by amending the constitution. Then its funding was authorized and has not been canceled. "
He added, "After the dissolution of these councils, they are not entitled to perform any of their work, and if they do, this is impersonation of a capacity that is punishable by law, and there is no legal value to the decisions they make."
It is reported that he witnessed the last provincial elections [You must be registered and logged in to see this link.], It was in 2013.[/size]
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[You must be registered and logged in to see this link.]04-04-2021 | 12:33
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[size=18]Once again, the issue of dissolving the provincial councils has come to the fore, 15 months after the decision to dissolve them, which came in response to a demand from the October demonstrations that sparked off in 2019, when the demonstrators at the time accused the local councils of corruption and incompetence, so that the Iraqi parliament responded, on 28 October 2019, and decides to dissolve the provincial councils, and grant Parliament and governors the powers to manage financial and administrative matters in the provinces.
However, the aforementioned "dissolution" parliamentary decision has faced great criticism and a number of chairmen and councilors have challenged it, on the pretext that Parliament does not have the authority to dissolve the provincial councils with a decision.
In another step, the Iraqi Council of Representatives voted on November 26, 2019, on [url=https://www.alsumaria.tv/Entity/139328/%D8%A7%D9%84%D8%AA%D8%B9%D8%AF%D9%8A%D9%84 %D8%A7%D9%84%D8%AB%D8%A7%D9%86%D9%8A/ar/]The second amendment[/url] For the Governorate Council Elections Law No. 12 of 2018, with the aim of dissolving the governorate councils by law.
Constitutional violation
Shirwan Aldobardani, a member of the Parliamentary Regions Committee, points out that "the provincial councils are constitutional, and the decision to dissolve them came because of popular protests at the time, and their abolition is against the constitution, because that requires a constitutional amendment, and we currently have a bill for the third amendment to hold provincial and district council elections." While the district councils were dissolved by the third parliamentary session. "
Al-Dobardani said to Alsumaria News, “We are waiting for the coming days after the President of the Republic ratifies the members of the Federal Court to consider the appeal submitted by the heads and members of the provincial, districts and sub-district councils,” explaining that “in the event that the appeal submitted by them is rejected, the dissolution decision will remain valid, otherwise it will return. The councils will operate until new elections are held. "
[rtl]Related articles[/rtl]
As for the reason why the governorates of Kurdistan are not included in the decision to dissolve or cancel, Al-Dobardani states, "In the region there is a government and parliament that decide whether to dissolve or maintain the provincial councils, unlike the rest of the provinces. [You must be registered and logged in to see this link.] Not associated with a "territory."
It was dissolved but not canceled
In the context, the legal expert, Ali Al-Tamimi, explains that “according to Article 20 of Law 21 of 2008 the Provincial Councils Law, the provincial council can be dissolved at the request of one-third of the members of the provincial council or the governor or a request to the presidency of the parliament of one-third of the members of parliament, Voting on this shall take place by the House of Representatives by an absolute majority of the total number of Parliament, for reasons including: breach of work tasks, violation of the law or the loss of one-third of its members, membership conditions, and the end of the 4-year period in which the provincial council was elected, whoever has the right to dismiss or extend is Parliament ".
Al-Tamimi continues, telling Alsumaria News, that “according to Federal Court decision 80 of 2017, Parliament has oversight and general mandate over the work of these councils in accordance with Article 61 of the Constitution,” adding, “But the provincial councils remain by virtue of Article 122 of the constitution and can only be abolished by amending the constitution. Then its funding was authorized and has not been canceled. "
He added, "After the dissolution of these councils, they are not entitled to perform any of their work, and if they do, this is impersonation of a capacity that is punishable by law, and there is no legal value to the decisions they make."
It is reported that he witnessed the last provincial elections [You must be registered and logged in to see this link.], It was in 2013.[/size]
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