Resolution 121 prevents parliament from questioning ministers

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[size=52]Resolution 121 prevents parliament from questioning ministers[/size]


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 Baghdad: Huda Al-Azzawi

In light of the conflict that has existed for days regarding the decision regarding the powers of the caretaker government and the abolition of the Food Security Law, observers and politicians neglected an important paragraph regarding parliamentary work and its powers, as the Federal Supreme Court Decision No. 121 / Federal / 2022 stripped Parliament of the functions and powers of “summon” and “accountability” And “interrogating” the ministers of the current government, as well as preventing the prime minister from dismissing, dismissing, changing, or transferring any minister to another position in accordance with the constitution and its relevant articles.
The head of the “Deans of Law Committees in Iraq” and the Dean of the College of Law at the University of Babylon, Dr. Mary Kazem Al-Khikani, told Al-Sabah: “The issuance of the Federal Supreme Court’s decision No. 121 of 2022 on 5/15/2022 includes a statement and clarification - at the request of The President of the Republic - for the concept of a caretaker government.”
He noted that “the decision is within the powers of the Constitutional Court; He clarified the constitutional framework of the government’s powers during the caretaker period, and indicated that the government goes through two phases, the first from the date of dissolving Parliament until elections are held, and the second from holding and approving the elections to the stage of forming the new government, and in these two phases the government enters into the period of conducting and managing daily and emergency business that concern state institutions and society,” noting that “according to the decision, (the current parliament is devoid of the authority to question and interrogate the ministers of the current caretaker government because it did not emanate from it and did not ratify it.”
On the question of some (Is the government independent of legal accountability?), Al-Khikani said: “The Federal Court took note of this, and stated that there is constitutional judicial oversight that is borne by the court itself, and administrative oversight is carried out by the administrative judiciary,” pointing out that “the decisions and actions that it undertakes.” The government in the caretaker period is not isolated from accountability, but through judicial accountability.”
In turn, the political affairs specialist, Dr. Haider Salman, said in an interview with “Al-Sabah” that “the decision of the Federal Court regarding the powers, structure, form, level of performance and method of dealing with the government was remarkable, as it identified all its responsibilities and what they could be.”
He explained, "Based on the court's decision, the powers of the current government have expired since the October 2021 elections, and therefore all decisions issued after them, if they are not daily business, are void."
He added that “one of the most important points of the decision is to clarify that this government is for the conduct of business only, as it is not subject to the current parliament, which is responsible for choosing a government with full authority, and therefore the government’s control is from the constitutional judiciary and the administrative judiciary,” adding: “We are facing a problem that some ministers Officials may not be replaced or dismissed by parliament, and the longer the term goes, the government’s powers will be opaque.”
Salman said: “At the invitation of the President of the Republic, the Federal Court indicated that the current government headed by Mustafa Al-Kazemi has limited authority, and accordingly the Federal Court cancels all decisions of the current government because it is the conduct of daily matters since the date of dissolving Parliament on October 7, 2021.”
Several deputies in Parliament threatened to summon and question a group of ministers, and it seems that this would collide with the aforementioned Federal Court decision.

 Editing: Muhammad Al-Ansari
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