Chief Justice: The current situation does not require resorting to emergency

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[size=52]Chief Justice: The current situation does not require resorting to emergency[/size]

[size=45]The head of the Supreme Judicial Council, Faiq Zeidan, confirmed that the “emergency government” is stipulated in the constitution, but indicated that the current circumstances do not require resorting to it, stressing that most of the political blocs that raise the slogan of judicial independence do not respect this independence.[/size]
[size=45]Zaidan said in a television interview, which was followed by (Al-Mada), that "the Iraqi judiciary after 2003 was subjected to severe political pressure from most parties and attempts to interfere in the smallest details of its work, even in the file of judges' appointments."[/size]
[size=45]He added, "The judiciary was able to some extent to withstand and prevent these interventions, and most of the political forces that raise the slogan of respect and independence of the judiciary in practice do not respect this independence and seek to intervene in a manner outside of objective criticism, but rather question the citizen's trust in the judiciary and undermine this trust."[/size]
[size=45]Zidan pointed out that "many discussions have taken place regarding the political crisis, to discuss these solutions that we talked about in our articles and official statements."[/size]
[size=45]And regarding the offers to assign him to the position of prime minister, Zidan said, “The story of assigning someone outside the political blocs and parties to take over the position of prime minister is due to the jurisprudence that I do not agree with regarding Article 76 of the constitution.”[/size]
[size=45]And he indicated, "If the interpretation of this article had stipulated that the winning bloc in the election would be the one to present the candidate for the Prime Minister, we would have finished searching for the person who holds the position."[/size]
[size=45]Zeidan continues, "The nomination for the position of prime minister must be a formal request submitted to the President of the Republic, including the nomination of a certain person, which did not happen with me."[/size]
[size=45]He spoke about "offers and ideas that preceded the stage of assigning Adel Abdul-Mahdi to head the government, when there was a state of political obstruction that was not at the level that the situation has reached at the moment, and it had different circumstances."[/size]
[size=45]Zaidan stated, "The political forces approached us to take over the position, but we refused, because we believe that any judge's exit from the judicial institution is incorrect."[/size]
[size=45]He pointed out, "These offers were repeated again before the assignment of the current Prime Minister, Mustafa Al-Kazemi, and I was among the personalities that were approached, and my answer was also a refusal."[/size]
[size=45]Zaidan added, "Some political forces presented the offer a third time at the present time, to be the solution by assigning me to the post of Prime Minister, but I remained on my position."[/size]
[size=45]And he finds, "All of this is caused by ijtihad for Article 76 of the Constitution. If we had a clear explanation, we would not have gone to these multiple options."[/size]
[size=45]Zeidan expressed his belief, that "the solution at the current stage lies in agreement on the personality of the prime minister among the political forces because he represents all Iraqis, and without this consensus, the task force will face difficulty in conjunction with a bad economic and international situation."[/size]
[size=45]He added, "The term guarantor or blocking third does not exist in the Iraqi constitution, but the article on electing the president of the republic states that the session for electing the president of the republic is by a two-thirds majority of the members."[/size]
[size=45]Zidane stressed, “This is an explicit and clear text that ensures that the competition takes place between the candidates in the first round, which requires obtaining a two-thirds majority for victory, and if neither of them obtains this number, we move to the second round, which is sufficient to win the candidate obtaining the largest number of votes.” .[/size]
[size=45]And he continues, that "the Federal Supreme Court, when it stated that the presidential election session requires the presence of two-thirds, it was based on a clear constitutional text."[/size]
[size=45]Zaidan denied, "There is an accusation to the Federal Supreme Court of violating the constitution, but it is keen to implement the constitution correctly, and I said that it worked hard, and what is meant by diligence is that it found a solution to a political crisis that the constitution did not address, and this does not mean that it violated its provisions."[/size]
[size=45]Zaidan added, "The emergency government is stipulated in the constitution, but the current circumstances do not allow recourse to it, because this government has its reasons, obligations and conditions, and the current stage does not require resorting to it."[/size]
[size=45]In a number of articles and press releases, the head of the Supreme Judicial Council, Faiq Zeidan, called for constitutional amendments that include Article 76 related to the assignment of the Prime Minister, Article 74 related to the election of the President of the Republic, and Article 64 related to dissolving the House of Representatives and finding a kind of balance between the executive and legislative powers.[/size]
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