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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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    Zaidan Confirms That The Iraqi Constitution Has Been Subjected To A “Breach” And Identifies The Most

    Rocky
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    Zaidan Confirms That The Iraqi Constitution Has Been Subjected To A “Breach” And Identifies The Most Empty Zaidan Confirms That The Iraqi Constitution Has Been Subjected To A “Breach” And Identifies The Most

    Post by Rocky Mon 14 Feb 2022, 9:01 am

    [size=38]Zaidan Confirms That The Iraqi Constitution Has Been Subjected To A “Breach” And Identifies The Most Prominent Articles To Be Amended
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    02/14/2022 | 3:55 PM
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    Information / Baghdad..
    The head of the Supreme Judicial Council, Faeq Zeidan, set out, on Monday, the constitutional articles to be amended during the coming period, stressing that the Iraqi constitution “violated” on more than one occasion and caused a “stumble” in the formation of the authorities.
    Zaidan said, in an article entitled (Amendment to the Constitution … a necessity imposed by the political reality) and seen by / the information / that “the constitution of 2005 was drafted in circumstances that differed at the time from the current conditions and most of those who participated in its production in the form that is currently in force are at the forefront of those calling for its amendment now. due to the circumstances and developments of the political reality, which has reached the stage of violating the constitution on more than one occasion due to constitutional texts that are no longer appropriate for the current stage.”
    He added, "The most constitutional texts that need to be amended are the articles whose provisions have caused the formation of authorities to falter, including those that require approval (a majority of two-thirds of the total number of members of the House of Representatives), and this majority assumes the presence of two-thirds of the total number of members of the House of Representatives as a first step, as it is the quorum. To open the session of the House of Representatives and then vote to obtain the approval of the same number of members of the House of Representatives.
    Zaidan cited “Article 52, which stipulates that the House of Representatives decides on the validity of the membership of its members by a two-thirds majority of its members, and Article 65, which stipulates the enactment of the Federation Council law by a two-thirds majority of the members of the House of Representatives, as well as what Article (70) stipulates that the House of Representatives elect Among the candidates for the President of the Republic, by a two-thirds majority of its members, and Article (92), which requires the enactment of the Federal Supreme Court law with a two-thirds majority of the members of the House of Representatives.
    He believed that “from these texts, we note in practice how the condition of achieving a quorum for the Council’s convening and then the approval of two-thirds of the members of the House of Representatives on a specific position or the legislation of a law means that the country will enter into a political and constitutional crisis, as evidenced by the inability of the House of Representatives to legislate the law of the Federation Council and the law of the Federal Supreme Court From the entry into force of the constitution in 2005 until now.
    As for the condition of electing the President of the Republic by a majority of two-thirds of the total number of members of the House of Representatives, Zaidan believes that “it caused the political crisis that Iraq is currently witnessing, as the House of Representatives is unable to hold a session to elect the President of the Republic unless a quorum of two-thirds of the total number of members of the House is achieved and then move to vote on the candidates.” Competitors for this position as a first step, that the winner must obtain a majority of two-thirds of the total number of members of the House of Representatives. If none of the candidates obtains this majority, the competition will take place between the candidates who obtained the highest votes, and this is the second step according to the provisions of Article (70) of the Constitution.
    He stressed that “the constitutional period has expired because of this restriction, which is thirty days from the date of the first session of the House of Representatives on (9/1/2022), which is the period specified by Article (72/second/b) of the Constitution for the President of the Republic to continue exercising his duties until after the end of the elections.” The new parliament.
    He pointed out that the judiciary “entered the stage of constitutional jurisprudence regarding whether or not the president continues to exercise his duties until the election of a new president. The presidency (who was performing the duties of the President of the Republic at the time) continues to exercise the functions of the President of the Republic until a President of the Republic is elected despite the constitutional violation that occurred (as described by the Court in the aforementioned decision) to exceed the period specified for electing a new President of the Republic, and this jurisprudence followed the example of the Federal Court ( With its new formation) in accordance with its decision No. (24/Federal/2022) issued on February 13, 2022, where it permitted the continuation of the President of the Republic in his duties until the election of a new president in accordance with the requirements of necessity and public interest despite the expiry of the constitutional period specified by Article (72/second/b) .”
    Judge Yazidan considers that “the most important constitutional problem is the formulation of Article (76) of the Constitution, which stipulates that the President of the Republic assigns the candidate (the most numerous parliamentary bloc) to form the Council of Ministers, as the Federal Supreme Court interpreted the year 2010 according to the decision issued by No. 25/Federal/2010 ) on March 25, 2010 the concept of the most numerous parliamentary bloc as (as for the bloc that was formed after the elections through a single electoral list, it entered the elections with a specific name and number and won the most number of seats, or the bloc that gathered from two or more electoral lists that The elections entered with different names and numbers and then coalesced into one bloc with one entity in the House of Representatives, whichever is more. The President of the Republic assigns the candidate of the parliamentary bloc, whose parliamentary seats in the first session of the House of Representatives became more numerous than the other bloc or blocs to form the Council of Ministers) while The Federal Supreme Court (with its new formation) went toNot requiring the formation or formation of the most numerous parliamentary bloc in the first session, but rather it permitted this in any session of the House of Representatives according to the decision issued in No. (7 and its units 9 and 10/Federal/2022) dated 2/2/2022.”
    Zaidan believes that "what is meant by the most numerous parliamentary bloc is (the list or the bloc that won the elections), given that this interpretation is the closest to the logic of electoral competition."
    He stressed that “the House of Representatives is faced with a historical responsibility and a national duty represented in the necessity to work on amending the aforementioned constitutional articles, especially since they are not controversial articles, but are subject to reformulation in a way that ensures that the country does not enter into a state of breach or constitutional vacuum in the future by adopting the principle contained in Article (59) of the Constitution. That the quorum for the sessions of the House of Representatives is achieved in the presence of the absolute majority of the number of its members, and decisions are taken by a simple majority after the quorum is achieved and this principle applies in general without stipulating a “majority of two-thirds of the number of the members of the House” wherever it is mentioned in the constitution.
    And he stressed “the necessity of amending Article (76) and stipulating a clear principle that is not subject to jurisprudence that the President of the Republic assigns the candidate of the bloc or the winning list in the elections to form the Council of Ministers in the same session as the President of the Republic’s election after completing the procedures for his constitutional election, and this resolves the ongoing controversy since 2010 and until Now, if the text is precisely and clearly stated in the constitution.” finished/25h
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