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Shafaq News/ The head of Iraq's Supreme Judicial Council, Faiq Zaidan, indicated on Friday, a number of constitutional violations, that the President of the Republic continues to carry out his duties until this moment, as well as the jurisprudence of the Federal Court regarding a majority of "two-thirds" of parliament members to pass the new president.
Zaidan stated, in an article for him, seen by Shafak News Agency, that "the Iraqi political reality is witnessing an explicit violation of a constitutional rule stipulated in Article (72 / second / b) of the constitution by determining the duration of the President of the Republic continuing to exercise his duties until after the end of the new Parliament elections. And its meeting within a maximum period of thirty days from the date of the first session of the Assembly, and the necessity of electing a new President of the Republic during that time.
He added that "the above did not happen due to the lack of political agreement between the political parties and forces constituting the House of Representatives, although the Federal Supreme Court worked hard to find a way out for this constitutional violation when it authorized the continuation of the President of the Republic to exercise his duties until the election of a new president in accordance with the decision issued on (13/2/2022). ) No. (17/Federal/2022).
Zaidan pointed out, "Although this diligence was necessary to avoid a situation of vacancy in the position and the consequent politically non-agreed measures, it was not sufficient to address the continuation of violating the constitution for an indefinite period due to the two-thirds majority requirement stipulated in Article (70/First). ) of the constitution regarding the quorum of the parliament session devoted to electing the president of the republic, and the absence of a provision for a “constitutional sanction” for this violation.
He believed that “the amendment of the constitutional text contained in Article (64/first) is to dissolve the House of Representatives by a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of questioning the Prime Minister, thus achieving a balance between the legislative and executive powers, by being the penalty for violating the rule Constitutionalism by a decision of the legislative authority in the event of a violation by the executive authority to withdraw confidence from it.
The head of the Supreme Judicial Council concluded: “In the event of a violation of the constitutional rule by the House of Representatives by dissolving the House without the condition that the House of Representatives approve the dissolution procedures and to ensure that the executive authority is not arbitrary in imposing the penalty by dissolving the House of Representatives, and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued from the executive branch and is subject to appeal before the Federal Supreme Court.
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The judiciary indicates constitutional violations in the jurisprudence of the Federal Court and the continuation of the President of the Republic
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Shafaq News/ The head of Iraq's Supreme Judicial Council, Faiq Zaidan, indicated on Friday, a number of constitutional violations, that the President of the Republic continues to carry out his duties until this moment, as well as the jurisprudence of the Federal Court regarding a majority of "two-thirds" of parliament members to pass the new president.
Zaidan stated, in an article for him, seen by Shafak News Agency, that "the Iraqi political reality is witnessing an explicit violation of a constitutional rule stipulated in Article (72 / second / b) of the constitution by determining the duration of the President of the Republic continuing to exercise his duties until after the end of the new Parliament elections. And its meeting within a maximum period of thirty days from the date of the first session of the Assembly, and the necessity of electing a new President of the Republic during that time.
He added that "the above did not happen due to the lack of political agreement between the political parties and forces constituting the House of Representatives, although the Federal Supreme Court worked hard to find a way out for this constitutional violation when it authorized the continuation of the President of the Republic to exercise his duties until the election of a new president in accordance with the decision issued on (13/2/2022). ) No. (17/Federal/2022).
Zaidan pointed out, "Although this diligence was necessary to avoid a situation of vacancy in the position and the consequent politically non-agreed measures, it was not sufficient to address the continuation of violating the constitution for an indefinite period due to the two-thirds majority requirement stipulated in Article (70/First). ) of the constitution regarding the quorum of the parliament session devoted to electing the president of the republic, and the absence of a provision for a “constitutional sanction” for this violation.
He believed that “the amendment of the constitutional text contained in Article (64/first) is to dissolve the House of Representatives by a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of questioning the Prime Minister, thus achieving a balance between the legislative and executive powers, by being the penalty for violating the rule Constitutionalism by a decision of the legislative authority in the event of a violation by the executive authority to withdraw confidence from it.
The head of the Supreme Judicial Council concluded: “In the event of a violation of the constitutional rule by the House of Representatives by dissolving the House without the condition that the House of Representatives approve the dissolution procedures and to ensure that the executive authority is not arbitrary in imposing the penalty by dissolving the House of Representatives, and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued from the executive branch and is subject to appeal before the Federal Supreme Court.
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