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The Iraqi parliament explains the legal obligations behind its decision regarding the presidency of the republic
Shafaq News/ Ghazi Faisal, the legal advisor to the Legislation Department in the House of Representatives, presented, on Wednesday, the legal points that prompted the Iraqi parliament to issue a decision to re-nominate the presidency, a decision that angered several political forces.
The presidency of the Iraqi Council of Representatives decided to open the door for candidacy for the position of President of the Republic, starting from Wednesday, February 9, 2022 for a period of (3) days, after it failed to elect a new president for Iraq after most of the parliamentary blocs boycotted the session due to differences based on this position, and over naming the largest bloc resulting in the formation of the next federal government.
Faisal said in a statement, "The Presidency of the House of Representatives issued the aforementioned decision, in which it decided to repeat the nomination process for the position of the President of the Republic as another ball, relying on the provisions of the Nomination Law for the Position of President of the Republic No. (8) for the year 2012, and regarding it we make the following observations:
[list="box-sizing: border-box; margin-right: 0px; margin-bottom: 16px; margin-left: 0px; line-height: 2.1em;"][*]Article (3/first) of the law on candidacy for the post of President of the Republic referred to stipulates that ((who wish to be nominated who meet the legal conditions stipulated in Article (1) of the law shall submit their written requests accompanied by official documents that prove the fulfillment of these conditions in them along with their CVs. To the Presidency of the House of Representatives within a maximum date of three days from the start of the announcement of the submission)) which is clear from the aforementioned text as the overnight sun that the set date is inevitable, as it is not extendable and may not be repeated again.
[*]There is no connection, but rather a schism between the nomination process and the holding of the parliament session to elect the president of the republic, even if the first paved the way for the second. Take away from the candidates who really meet the legal requirements.
[*]Since the decision of the House of Representatives mentioned above is a legislative decision, it is acceptable to challenge it before the Federal Supreme Court based on the provisions of Article (93/Third) of the Constitution and Article (4/Third) of the amended Court Law for the year 2005 and its internal system, and a request to cancel it due to its collision with the provisions of the law. Based on the foregoing, the House of Representatives is required to set a new date for the session to elect the President of the Republic so that the electoral process will take place among the candidates who have fulfilled the legal requirements so that the political process in the country is not disrupted and the rest of the constitutional institutions are formed as soon as possible, and the new parliamentary session will start.
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The presidency of the Iraqi Council of Representatives decided to open the door for candidacy for the position of President of the Republic, starting from Wednesday, February 9, 2022 for a period of (3) days, after it failed to elect a new president for Iraq after most of the parliamentary blocs boycotted the session due to differences based on this position, and over naming the largest bloc resulting in the formation of the next federal government.
Faisal said in a statement, "The Presidency of the House of Representatives issued the aforementioned decision, in which it decided to repeat the nomination process for the position of the President of the Republic as another ball, relying on the provisions of the Nomination Law for the Position of President of the Republic No. (8) for the year 2012, and regarding it we make the following observations:
[list="box-sizing: border-box; margin-right: 0px; margin-bottom: 16px; margin-left: 0px; line-height: 2.1em;"][*]Article (3/first) of the law on candidacy for the post of President of the Republic referred to stipulates that ((who wish to be nominated who meet the legal conditions stipulated in Article (1) of the law shall submit their written requests accompanied by official documents that prove the fulfillment of these conditions in them along with their CVs. To the Presidency of the House of Representatives within a maximum date of three days from the start of the announcement of the submission)) which is clear from the aforementioned text as the overnight sun that the set date is inevitable, as it is not extendable and may not be repeated again.
[*]There is no connection, but rather a schism between the nomination process and the holding of the parliament session to elect the president of the republic, even if the first paved the way for the second. Take away from the candidates who really meet the legal requirements.
[*]Since the decision of the House of Representatives mentioned above is a legislative decision, it is acceptable to challenge it before the Federal Supreme Court based on the provisions of Article (93/Third) of the Constitution and Article (4/Third) of the amended Court Law for the year 2005 and its internal system, and a request to cancel it due to its collision with the provisions of the law. Based on the foregoing, the House of Representatives is required to set a new date for the session to elect the President of the Republic so that the electoral process will take place among the candidates who have fulfilled the legal requirements so that the political process in the country is not disrupted and the rest of the constitutional institutions are formed as soon as possible, and the new parliamentary session will start.
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