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A Former Judge Draws A Map For The Legal Return Of The “Deputies Of Al-Sadr”
09/29/2022
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09/29/2022
47
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Earth News/ The retired judge, Rahim Al-Ugaili, separated today, Thursday, the legal path for the return of Al-Sadr's deputies to the House of Representatives.
Al-Ugaili said in a clarification, followed by Earth News, that “the procedures for the resignation of a member of the House of Representatives are conflicting with two legal texts, namely Article (1) of the Law on Replacing the House of Representatives No. 12/Second) of the House of Representatives Law No. 13 of 2018, which stipulates that the prosecution ends with resignation, and is silent, and since the original is that if two legal texts in force organize the same issue, they must work together, except if this is not possible, then the latter is considered to cancel the previous.
He added: “And since the works of the two texts above are possible, because both of them stipulate the resignation, and one of them specified the procedures for accepting the resignation without the other, which means that the resignation does not end the membership except by accepting the resignation from the House of Representatives.
Al-Ugaili pointed out that “therefore, accepting the resignation of the Sadrist representatives by a decision of the Speaker of the House of Representatives was marred by the defect of violating the law, because membership in the House of Representatives does not end without acceptance by the House of Representatives itself. which were subsequently carried out.”
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Al-Ugaili said in a clarification, followed by Earth News, that “the procedures for the resignation of a member of the House of Representatives are conflicting with two legal texts, namely Article (1) of the Law on Replacing the House of Representatives No. 12/Second) of the House of Representatives Law No. 13 of 2018, which stipulates that the prosecution ends with resignation, and is silent, and since the original is that if two legal texts in force organize the same issue, they must work together, except if this is not possible, then the latter is considered to cancel the previous.
He added: “And since the works of the two texts above are possible, because both of them stipulate the resignation, and one of them specified the procedures for accepting the resignation without the other, which means that the resignation does not end the membership except by accepting the resignation from the House of Representatives.
Al-Ugaili pointed out that “therefore, accepting the resignation of the Sadrist representatives by a decision of the Speaker of the House of Representatives was marred by the defect of violating the law, because membership in the House of Representatives does not end without acceptance by the House of Representatives itself. which were subsequently carried out.”
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