[size=36]A legal expert clarifies about the vacancy of the position of the Prime Minister[/size]
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, the legal expert, Ali Al-Tamimi, explained, on Wednesday, regarding the vacancy of the position of the Prime Minister in the event of daily affairs.
Al-Tamimi said in a post on his mural on the Facebook platform, "The position of the Prime Minister is vacant in the case of daily affairs... I see
1. Article 81 said first of the Constitution, the President of the Republic takes the position of the Prime Minister when the position becomes vacant for any reason and... I spoke The second paragraph of this article deals with the election of a new prime minister and a new government with its ministers.
This cannot be applied to the case of managing daily affairs, i.e., the exemption request submitted by the Prime Minister in the case of administering daily affairs does not result in the exemption of the rest of the ministers, as in the request for exemption in the case of the full-fledged government to which the text contained in Article 76 of the Iraqi constitution applies. Because the government for handling daily matters according to Article 64 II of the Constitution is basically resigned and it continues to handle daily matters until the formation of the new government as a result of the dissolution of Parliament. Therefore, only the Prime Minister is the Prime Minister, and this does not apply to other ministers. .for the absence of the constitutional association in accordance with the full powers..
2. In the event that Prime Minister Al-Kazemi submits a request for exemption, the President of the Republic will replace him with the day-to-day affairs until the formation of the new government..
3. The Prime Minister submits a request for exemption to the President of the Republic in accordance with Article 18 of the Cabinet Law 2 of 2019.
4. The Council of Ministers, if this occurs, continues under the chairmanship of the President of the Republic until the formation of the new government.. According to Article 42 of the Cabinet Law above. ..” Ended 29/N33