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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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    3 points from the legal advisor to Parliament about the decision to re-nominate the presidency

    Rocky
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    3 points from the legal advisor to Parliament about the decision to re-nominate the presidency Empty 3 points from the legal advisor to Parliament about the decision to re-nominate the presidency

    Post by Rocky Wed 09 Feb 2022, 7:12 am

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    3 points from the legal advisor to Parliament about the decision to re-nominate the presidency
    February 09 202


    A legislative decision that can be appealed before the Federal Court (Facebook)
    Ultra Iraq - Editorial Team
    The Legal Adviser to the Legislation Department in the House of Representatives, Ghazi Faisal, issued a clarification regarding reopening the candidacy for the post of President of the Republic.   
    And Faisal said, in a clarification followed by "Ultra Iraq", that "House of Representatives Resolution No. (4) of 2022 regarding re-nomination for the position of President of the Republic, in which it decided to re-nominate the nomination process for the position of President of the Republic once again, relying on the provisions of the Nomination Law for the position of President of the Republic No. (8). For the year 2012, and in this regard, we make the following observations:   
    • First: Article (3/first) of the law on candidacy for the post of President of the Republic referred to states that (those wishing to be nominated who meet the legal conditions stipulated in Article (1) of the law shall submit their written requests accompanied by official documents proving the fulfillment of these conditions in them along with their progress It 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 returned again.  

    • Second: 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 is paving the way for the second. If the aforementioned session cannot be held due to the lack of a quorum, which is expected, and because the period specified by the constitution is organizational and not inevitable, this does not affect the nomination process. It does not take away from the candidates who really meet the legal requirements.  

    • Third: 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 of 2005 and its internal system, and a request to cancel it due to its collision with provisions the law".   


      Faisal stressed that "what is required of the House of Representatives is to set a new date for the presidential election session for the electoral process to 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."
    The Iraqi Council of Representatives has reopened the door for candidacy for the presidency of the republic for a period of three days, starting from Wednesday, February 9, 2022.
    Parliament’s decision raised legal controversy again after the constitutional period expired without the parliament meeting to vote on the twenty-five candidates who met the parliamentary conditions, but the parliament did not have a quorum to vote on them, an argument that the parliament’s presidency relied on to open the door for candidacy again.
    Meanwhile, the Patriotic Union of Kurdistan "Al-Yekti" party [You must be registered and logged in to see this link.] an appeal to the judiciary for the decision to reopen the door for candidacy for the post of President of the Republic, as the party leader, Rizan Sheikh Diler, [You must be registered and logged in to see this link.] the decision of the parliament presidency taken by President Muhammad al-Halbousi as "personal."
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    Legal expert Amir Al-Daami commented on the opening of the candidacy for the position of President of the Republic once again, saying that it is "a farce by all standards and norms. I advise politicians to tear up the last page of the constitution and work with customs and political agreements." 
    Al-Damamy added that "what happened today is a scandal and a disaster by all standards, and it is for the benefit of a particular party by adding an alternative (reserve) candidate to a threatened candidate." 
    The Kurdish politician and former MP, Hoshyar Abdullah, considered that the decision to open the candidacy door again "is not based on the Law of Provisions for Candidacy for the Post of President of the Republic No. 8 of 2012 as much as it is a violation of this law." 
    And he indicated that "this is a purely legal scandal, believing that" all this is to gain time to acquit their candidate Zebari by the judiciary, adding, "Unfortunately, there is no respect for laws and constitutional contexts, all these violations are for the satisfaction of one person."
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