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2022-03-05 05:17
Shafaq News / Legal expert Ali Al-Tamimi presented, on Friday, five legal opinions regarding the procedures for opening the nomination for the position of President of the Republic again according to the decision of the Federal Supreme Court.
The Iraqi Council of Representatives is scheduled to hold a session tomorrow, Saturday, to vote on opening the nomination for the position of President of the Republic, and to decide on the selection of the heads of the parliamentary committees.
Regarding Saturday's session, Al-Tamimi explained, "According to the decision of the Federal Court, the session will be opened by an absolute majority of the number of members, which means half of the total number plus one, and when the Presidency of Parliament requests a vote, a simple majority must agree to half the number of attendees plus one in accordance with Article 59 of the constitution." ".
He added, "If the above vote takes place and with approval, we will be before the procedures stipulated in the Nomination Law for the Post of President of the Republic 8 of 2012 in Articles 2, 3, 4 and 5 of it in terms of opening the nomination within 3 days of approval and submitting their applications within 3 days of the announcement, then The Presidency of the Parliament announces the names, and it is permissible to appeal before the Federal Court within 3 days for the objectors to those whose name did not appear, and the Federal Court decides on the appeals within 3 days of their registration with it.
Al-Tamimi pointed out that "Article 72 II of the Constitution requires that the new President of the Republic be elected within 30 days from the date of the first session."
He noted that "the presidency of the parliament will then set a date for electing the new president of the republic within the 30-day period and the procedures stipulated in Article 70 of the Iraqi constitution in terms of opening the session in the presence of two-thirds and the start of voting as well, as the Federal Supreme Court said in its decision, provided that opening The nomination for the position of President of the Republic is only for one time and for a short period, and the meaning of “brief” is any short period.
In the event that Parliament does not agree to open the door for candidacy for the position of President of the Republic again, the legal expert pointed out that “the Presidency of Parliament is obligated to set a date for electing the President of the Republic, limited to those who obtained approval the previous time, or only the first.”
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Legal opinion on the procedures for opening the door for candidacy again for the Presidency of the Republic
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2022-03-05 05:17
Shafaq News / Legal expert Ali Al-Tamimi presented, on Friday, five legal opinions regarding the procedures for opening the nomination for the position of President of the Republic again according to the decision of the Federal Supreme Court.
The Iraqi Council of Representatives is scheduled to hold a session tomorrow, Saturday, to vote on opening the nomination for the position of President of the Republic, and to decide on the selection of the heads of the parliamentary committees.
Regarding Saturday's session, Al-Tamimi explained, "According to the decision of the Federal Court, the session will be opened by an absolute majority of the number of members, which means half of the total number plus one, and when the Presidency of Parliament requests a vote, a simple majority must agree to half the number of attendees plus one in accordance with Article 59 of the constitution." ".
He added, "If the above vote takes place and with approval, we will be before the procedures stipulated in the Nomination Law for the Post of President of the Republic 8 of 2012 in Articles 2, 3, 4 and 5 of it in terms of opening the nomination within 3 days of approval and submitting their applications within 3 days of the announcement, then The Presidency of the Parliament announces the names, and it is permissible to appeal before the Federal Court within 3 days for the objectors to those whose name did not appear, and the Federal Court decides on the appeals within 3 days of their registration with it.
Al-Tamimi pointed out that "Article 72 II of the Constitution requires that the new President of the Republic be elected within 30 days from the date of the first session."
He noted that "the presidency of the parliament will then set a date for electing the new president of the republic within the 30-day period and the procedures stipulated in Article 70 of the Iraqi constitution in terms of opening the session in the presence of two-thirds and the start of voting as well, as the Federal Supreme Court said in its decision, provided that opening The nomination for the position of President of the Republic is only for one time and for a short period, and the meaning of “brief” is any short period.
In the event that Parliament does not agree to open the door for candidacy for the position of President of the Republic again, the legal expert pointed out that “the Presidency of Parliament is obligated to set a date for electing the President of the Republic, limited to those who obtained approval the previous time, or only the first.”
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