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[size=36]From A to Z.. A legal expert determines the constitutional terms for electing the three presidencies and their consequences[/size]
political| 06:34 - 04/11/2021
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Baghdad - Mawazine News
, Thursday, legal expert Adnan Al-Sharifi set the constitutional terms for electing the three presidencies and their consequences.
Al-Sharifi said, “After the Federal Court ratifies the election results and based on the provisions of Article 54 of the Constitution, the President of the Republic calls the elected House of Representatives to convene by a republican decree within fifteen days from the date of this ratification, and the first session will be held under the chairmanship of the oldest member, and this first session will take place Taking the constitutional oath and electing the Speaker and his first and second deputies based on the provisions of Article 55 of the Constitution, and the fact that the dissolved Parliament ended its session by dissolving itself on 7/10/2021, so the term of the current President of the Republic ends with the end of the session of the House of Representatives based on the provisions of Article 72/b of the Constitution, but it continues To perform his duties until after the end of the elections for the new House of Representatives and its meeting and electing a new President of the Republic within thirty days from the date of the first session of the Council.
He added, "After the elected President of the Republic took the constitutional oath before the House of Representatives, and based on the provisions of Article 76/First of the Constitution, the candidate of the most numerous parliamentary bloc is assigned to form the Council of Ministers within fifteen days from the date of the election of the President of the Republic, and the Prime Minister-designate shall name the members of his cabinet. Within a maximum period of thirty days from the date of the assignment, and this period is not the period of voting on the government, but rather a period given to the person charged with submitting the names of his ministers during that time to the House of Representatives. As for the confidence-giving session, it can be after thirty days.
He pointed out, “If the Prime Minister-designate fails to nominate members of his government during this period, or names it, but it was not granted confidence by Parliament, here and based on the provisions of Article 76/3 of the Constitution, the President of the Republic assigns a new candidate to head the Council of Ministers within fifteen days starting from The date of the prime minister-designate’s apology or the expiration of the thirty-day period without presenting members of his cabinet or parliament not granting confidence to it.
And he continued, “What is important to say is that in the event that the candidate of the most numerous bloc fails to gain the confidence of Parliament, whether he is the first candidate or the one nominated after him, this failure does not give the President of the Republic the right to assign another person according to his conviction and his choice, but rather the right remains for the majority bloc. A number by presenting other candidates for two reasons, the first is that the constitution stipulates in Article 76 / first that (the President of the Republic assigns the candidate of the most numerous bloc to form the Council of Ministers), and the second is that the same article in the third paragraph of it said (when the Prime Minister-designate fails to form a government, he assigns a prime minister The Republic is another candidate), and this text clearly indicates that there is someone who nominates the designated candidate for the President of the Republic, and the word “another candidate” means that the same person who nominated the first candidate will nominate the next. Assigns a candidate from a bloc other than the most numerous bloc. Ended 29/H
, Thursday, legal expert Adnan Al-Sharifi set the constitutional terms for electing the three presidencies and their consequences.
Al-Sharifi said, “After the Federal Court ratifies the election results and based on the provisions of Article 54 of the Constitution, the President of the Republic calls the elected House of Representatives to convene by a republican decree within fifteen days from the date of this ratification, and the first session will be held under the chairmanship of the oldest member, and this first session will take place Taking the constitutional oath and electing the Speaker and his first and second deputies based on the provisions of Article 55 of the Constitution, and the fact that the dissolved Parliament ended its session by dissolving itself on 7/10/2021, so the term of the current President of the Republic ends with the end of the session of the House of Representatives based on the provisions of Article 72/b of the Constitution, but it continues To perform his duties until after the end of the elections for the new House of Representatives and its meeting and electing a new President of the Republic within thirty days from the date of the first session of the Council.
He added, "After the elected President of the Republic took the constitutional oath before the House of Representatives, and based on the provisions of Article 76/First of the Constitution, the candidate of the most numerous parliamentary bloc is assigned to form the Council of Ministers within fifteen days from the date of the election of the President of the Republic, and the Prime Minister-designate shall name the members of his cabinet. Within a maximum period of thirty days from the date of the assignment, and this period is not the period of voting on the government, but rather a period given to the person charged with submitting the names of his ministers during that time to the House of Representatives. As for the confidence-giving session, it can be after thirty days.
He pointed out, “If the Prime Minister-designate fails to nominate members of his government during this period, or names it, but it was not granted confidence by Parliament, here and based on the provisions of Article 76/3 of the Constitution, the President of the Republic assigns a new candidate to head the Council of Ministers within fifteen days starting from The date of the prime minister-designate’s apology or the expiration of the thirty-day period without presenting members of his cabinet or parliament not granting confidence to it.
And he continued, “What is important to say is that in the event that the candidate of the most numerous bloc fails to gain the confidence of Parliament, whether he is the first candidate or the one nominated after him, this failure does not give the President of the Republic the right to assign another person according to his conviction and his choice, but rather the right remains for the majority bloc. A number by presenting other candidates for two reasons, the first is that the constitution stipulates in Article 76 / first that (the President of the Republic assigns the candidate of the most numerous bloc to form the Council of Ministers), and the second is that the same article in the third paragraph of it said (when the Prime Minister-designate fails to form a government, he assigns a prime minister The Republic is another candidate), and this text clearly indicates that there is someone who nominates the designated candidate for the President of the Republic, and the word “another candidate” means that the same person who nominated the first candidate will nominate the next. Assigns a candidate from a bloc other than the most numerous bloc. Ended 29/H
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