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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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    Federal: The caretaker government is “resigned” and is not subject to the current parliament

    Rocky
    Rocky
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    Federal: The caretaker government is “resigned” and is not subject to the current parliament Empty Federal: The caretaker government is “resigned” and is not subject to the current parliament

    Post by Rocky Mon 16 May 2022, 5:47 am

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    [size=52]Federal: The caretaker government is “resigned” and is not subject to the current parliament[/size]

    [size=45]Yesterday, Sunday, the Federal Supreme Court ruled that the government of the caretaker of daily tasks has restricted powers and is not entitled to take political measures, including submitting draft laws, concluding loans or appointing senior positions in the state, noting that it is not subject to the oversight of the current parliament as it is by virtue of her resignation.[/size]
    [size=45]The court stated, according to the decision issued at the interpretative request of the President of the Republic, Barham Salih, who was referred to him by a group of deputies to explain the concept of the caretaker government of daily tasks, that “the caretaker government means that it is that government that transformed from a natural government with full powers to a government with limited powers.”[/size]
    [size=45]The decision, which Al-Mada reviewed, added, a copy of, that "this is achieved in two cases, the first is according to confidence from the Prime Minister until a new cabinet is formed based on the provisions of Article (61 / eighth / a, b, c and d) and the second is when Dissolving the House of Representatives in accordance with Article (64/First) of the Constitution.”[/size]
    [size=45]He pointed out, "The Council of Ministers is considered resigned in both cases, and continues to conduct daily matters that include taking decisions and measures that will continue the regular functioning of public utilities and the sustainability and continued provision of services to the people."[/size]
    [size=45]And the resolution stated, "This does not include decisions that involve political reasons and motives that have a significant impact on Iraq's political, economic and social future."[/size]
    [size=45]He pointed out that "this also does not include proposing draft laws, contracting loans, appointing and exempting high positions in the state, or restructuring ministries and departments."[/size]
    [size=45]The decision stressed, “The government’s transformation into a caretaker means that it has resigned, and has a license to dispose of everything that falls under the requirements of the state’s sustainability and continuity.”[/size]
    [size=45]He stated, "The reason for the transformation is the inability to exercise oversight over it after the dissolution of Parliament, because it becomes oversight devoid of the power of punishment."[/size]
    [size=45]And the decision went, that “this government is going through two stages, the first from the date of dissolving parliament until the election of a new parliament, and here there is no legislative authority in its constitutional sense. without knowing the election results.[/size]
    [size=45]And he added, "The results may not be in the government's interest, which has to abide by its actions in a way that does not raise its political responsibilities, so that its competencies are reduced to the daily or routine work required by the operation of public utilities."[/size]
    [size=45]The decision noted, that “the second stage extends from the ratification of the election results by the Federal Supreme Court in accordance with Article (93/Seventh) of the Constitution and the Parliament’s taking the constitutional oath before the Council in accordance with Article 50 of the Constitution until a new government is formed. According to Article (76/first, second, third, fourth and fifth) of the constitution.”[/size]
    [size=45]He cautioned, "not to accept the argument that the Federal Supreme Court's approval of the election results is considered a new start to the political life of the government that manages daily affairs, and the government must prevent everything that needs to be done in the absence of a parliament that exercises constitutional control over it."[/size]
    [size=45]The decision considered, "The ratification of the final results of the elections and the continuation of the work of the previous government, which was granted confidence by the former dissolved parliament, requires a combination of two conflicting matters."[/size]
    [size=45]The decision stated, “The first matter is to exclude the government from exercising universal general jurisdiction as a resigned or by virtue of the resigned government, and the second is the continuity of the work of state institutions and public utilities with the futility of parliamentary oversight because it is a control devoid of the power of punishment.”[/size]
    [size=45]He explained, "The caretaker government was not granted confidence by the new parliament, but it was granted confidence by the dissolved parliament, as it is not permissible to withdraw confidence from a government that does not have confidence in the first place, and the issue of withdrawing confidence from the caretaker government becomes useless from a legal and political point of view and is not It has little significance except from a literary point of view.”[/size]
    [size=45]The decision went on to state that “the caretaker government is subject to constitutional and administrative judicial oversight, which undertakes the task of examining decisions from it when resorting to the constitutional or administrative judiciary according to the jurisdiction of each of them in order to undertake the task of examining the decisions issued by that government to ensure that they do not exceed the scope of its competencies in the conduct of daily business.” [/size]
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