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Shafaq News/ An Iraqi legal expert explained, on Tuesday, that failure to elect the President of the Republic within the specified constitutional period will lead to the dissolution of Parliament with the approval of the majority, and then to new early elections, indicating that the Federal Supreme Court may have a constitutional way out.
And legal expert Ali Al-Tamimi said, in a statement received by Shafaq News Agency, that "according to Federal Supreme Court Decision No. 24 of 2022 to open the door for nomination for the position of President of the Republic for one time only, the Presidency of Parliament has a period of 30 days in accordance with Article 72 II of the Iraqi constitution from the date of March 6 to April 6 to elect the President of the Republic in a binding manner.
And he added, "After the session on March 26, which was postponed to March 30 tomorrow, Wednesday, the parliament's presidency can postpone the session again if the parliament fails to elect the president of the republic until April 6 only."
He added, "If we exceed the constitutional period, we will be in front of a clear violation of the decision of the Federal Court above, which authorized the opening of the nomination door for one time, and we will be facing an irresolvable failure, and Parliament may be dissolved at the request of a third of the members and the approval of the absolute majority of the number of members in accordance with Article 64 of the constitution."
Al-Tamimi added, "The Federal Supreme Court could have a referendum if this was done to find out the constitutional outlet, and we might be in front of new early elections in the event that happened, and the current government will continue to conduct daily matters according to the same article above."
He pointed out that "in the event that voting begins to choose the new president of the republic, and in accordance with the decision of the Federal Court, which stipulated the opening of the session with a two-thirds majority of the total number of parliament, i.e. 220 deputies, and to be present at the start of the voting, and in the event that one of the candidates does not win in the first round of voting, we will be in front of A second round in which the competition is limited to the first and second highest winners, and whichever of them obtains the majority of votes is the President of the Republic.
Al-Tamimi indicated that the President of the Republic "should take the constitutional oath before Parliament and in the presence of the President of the Federal Court in accordance with Article 70 of the Constitution and Law 8 of 2012, and the election is by direct secret ballot by placing papers in the box in both rounds."
Al-Tamimi suggested that "the vote on the President of the Republic and the assignment of the Prime Minister will take place in one day."
He concluded by saying, "The President of the Republic assigns the candidate of the most numerous parliamentary bloc, which has not yet been determined, within 15 days of taking the oath, and assigns him to form the government and the government curriculum within 30 days of his assignment in accordance with Article 76 of the Constitution, in all its details."
Last Saturday, March 26, the Iraqi Council of Representatives held a session dedicated to electing the president of the republic. The coordination framework and other blocs and deputies broke the quorum of the session by not attending, which called on the Presidency of the Council to adjourn the session to Wednesday, March 30, to elect the president.
According to the data, the framework, forces and representatives that boycotted the Saturday session are still refusing to attend tomorrow's session, and it was not clear whether some of them changed their minds or joined them by new MPs.
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A legal expert sheds a “faint light” on the “darkness” of the fate of Parliament if it fails to elect the President of the Republic
Shafaq News/ An Iraqi legal expert explained, on Tuesday, that failure to elect the President of the Republic within the specified constitutional period will lead to the dissolution of Parliament with the approval of the majority, and then to new early elections, indicating that the Federal Supreme Court may have a constitutional way out.
And legal expert Ali Al-Tamimi said, in a statement received by Shafaq News Agency, that "according to Federal Supreme Court Decision No. 24 of 2022 to open the door for nomination for the position of President of the Republic for one time only, the Presidency of Parliament has a period of 30 days in accordance with Article 72 II of the Iraqi constitution from the date of March 6 to April 6 to elect the President of the Republic in a binding manner.
And he added, "After the session on March 26, which was postponed to March 30 tomorrow, Wednesday, the parliament's presidency can postpone the session again if the parliament fails to elect the president of the republic until April 6 only."
He added, "If we exceed the constitutional period, we will be in front of a clear violation of the decision of the Federal Court above, which authorized the opening of the nomination door for one time, and we will be facing an irresolvable failure, and Parliament may be dissolved at the request of a third of the members and the approval of the absolute majority of the number of members in accordance with Article 64 of the constitution."
Al-Tamimi added, "The Federal Supreme Court could have a referendum if this was done to find out the constitutional outlet, and we might be in front of new early elections in the event that happened, and the current government will continue to conduct daily matters according to the same article above."
He pointed out that "in the event that voting begins to choose the new president of the republic, and in accordance with the decision of the Federal Court, which stipulated the opening of the session with a two-thirds majority of the total number of parliament, i.e. 220 deputies, and to be present at the start of the voting, and in the event that one of the candidates does not win in the first round of voting, we will be in front of A second round in which the competition is limited to the first and second highest winners, and whichever of them obtains the majority of votes is the President of the Republic.
Al-Tamimi indicated that the President of the Republic "should take the constitutional oath before Parliament and in the presence of the President of the Federal Court in accordance with Article 70 of the Constitution and Law 8 of 2012, and the election is by direct secret ballot by placing papers in the box in both rounds."
Al-Tamimi suggested that "the vote on the President of the Republic and the assignment of the Prime Minister will take place in one day."
He concluded by saying, "The President of the Republic assigns the candidate of the most numerous parliamentary bloc, which has not yet been determined, within 15 days of taking the oath, and assigns him to form the government and the government curriculum within 30 days of his assignment in accordance with Article 76 of the Constitution, in all its details."
Last Saturday, March 26, the Iraqi Council of Representatives held a session dedicated to electing the president of the republic. The coordination framework and other blocs and deputies broke the quorum of the session by not attending, which called on the Presidency of the Council to adjourn the session to Wednesday, March 30, to elect the president.
According to the data, the framework, forces and representatives that boycotted the Saturday session are still refusing to attend tomorrow's session, and it was not clear whether some of them changed their minds or joined them by new MPs.
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