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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    About The Expiration Of The Term Of Office Of The President Of The Republic

    Rocky
    Rocky
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    About The Expiration Of The Term Of Office Of The President Of The Republic Empty About The Expiration Of The Term Of Office Of The President Of The Republic

    Post by Rocky Mon 07 Feb 2022, 3:57 pm

    [size=38]About The Expiration Of The Term Of Office Of The President Of The Republic
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    LAST UPDATE 02/07/2022 | 3:46 PM
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    Books / Ali Mahdi..
    Today, the constitutional period for electing the President of the Republic ends, and for this reason, a discussion is taking place between researchers and those interested in constitutional jurisprudence, with the state of obstruction over the election of the President of the Republic, and the approaching end of the time period set by the Constitution for him to remain in office, which ends on February 7, 2022, and the association of his election with his assignment to the candidate of the parliamentary bloc The most numerous to form the Council of Ministers.
    The Iraqi president, under the current constitution, enjoys real powers in many tasks, in addition to some symbolic powers. The constitution sets the term of office of the President of the Republic at four years, and he may be re-elected for a second term, but this period is not absolute, as it has been linked to the term of the House of Representatives, which has the power to elect him. Since the Council dissolved itself and did not complete its term of 4 calendar years, due to the call for early elections, the President of the Republic has become a conductor of business, because he works without oversight from the council that elected him and who did not complete his constitutional term.
    The Iraqi constitution in force has specified a number of articles for electing the President of the Republic:
    1 - His term ends with the end of the parliament session.
    2 - That the President of the Republic continue to exercise his duties until after the end of the Parliament elections and its meeting.
    3 - That the President of the Republic be elected within thirty days from the date of the first session of the Assembly (Article 72).
    From these texts, it is clear that the President of the Republic remains in office until the House of Representatives elects a new President of the Republic, and that the one concerned with this is the House of Representatives, which is unable to perform its duties within the specified constitutional period, and that the survival of the President of the Republic beyond the specified period is specifically borne by the House of Representatives. This is considered, according to constitutional jurisprudence, to exceed the constitutional period, and this has many precedents in light of the period of entry into force of our current constitution.
    The vacancy of the position
    A number of interested people touched on the override of the constitutional period, as it is a vacancy for the position.
    The Iraqi constitution dealt with the case of the vacancy of the position of the President of the Republic, in three separate articles (61, 72 and 75). In Article 61, in the sixth item, it deals with the accountability of the President of the Republic and relieving him of his position, and in Article 72 in Clause II, it deals with the term of office of the President of the Republic, In case the position becomes vacant during it, as well as in Article 75, which is concerned with cases of resignation and absence, as well as when the position of the President of the Republic becomes vacant for any reason.
    There are two types of impediments, which prevent the President of the Republic from exercising the duties of his office, namely: temporary impediments, which relate to absence, and permanent impediments, related to disability, death, and dismissal.
    Through a quick review of the cases of vacancy, these cases have nothing to do with exceeding the constitutional period for electing the President of the Republic, to declare the vacancy.
    It is worth noting that Clause IV, Article 75: In the event that the position of the President of the Republic becomes vacant, the Speaker of the House of Representatives shall replace the President of the Republic in the absence of a Vice President, provided that a new President is elected within a period not exceeding thirty days from the date of the vacancy…
    That is, the one who replaces the President of the Republic when the position is declared vacant is the Speaker of the House of Representatives, and the Council, which is the reason for the delay in electing the new president, is rewarded by declaring its President to be the President of the Republic, and this does not respond to the logic and spirit of the Constitution.
    Knowing that the constitution requires the same assembly to elect a President of the Republic during the same period when announcing the vacancy of the position of President of the Republic.
    Among all of this, the President of the Republic continues to exercise his duties stipulated in the Constitution, until the election of a new President of the Republic, and his stay is considered to be in violation of the constitutional period, and that the one who bears responsibility for this is precisely the Parliament and not the President of the Republic.
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