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Al-Hilla: Fadel Al-Ali
The Dean of the College of Law at Babylon University, Mary Kazem Al-Khikani, recommended reconsidering some provisions of the Iraqi constitution regarding regional administrative decentralization due to the presence of several problems in its implementation.
Al-Khikani said, "It is necessary to amend the texts of the Constitution of the Republic of Iraq, which equated the powers of the governorates that are not organized in a region and the powers of the regions as a form of the federal Iraqi state, due to the fundamental legal differences of the powers of the regions in the federal state from the provinces that operate according to the system of regional administrative decentralization as an administrative system."
He added, "The most important articles that must be amended are (122,115,114,112) and the replacement of the term decentralization principle with a system and not a principle. Also, item (fifth) of this article should be deleted because it contradicts the pillars of the administrative decentralization system and the necessity of amending Article (123) of The constitution, taking into account the conditions of legal delegation, also setting up a new law for governorates that are not organized in a region according to the system of regional administrative decentralization, and specifying the competencies of the governorates and their councils exclusively and leaving what is left to the central federal executive authority.
He pointed out that "seminars were held on the subject that dealt with many axes, the most important of which are the concept of administrative decentralization, the position of the 2005 Iraqi constitution, the position of Iraqi legislation on regional administrative decentralization, an evaluation of the application of administrative decentralization, and a statement of obstacles and proposed solutions."
Editing: Mustafa Ibrahim
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