Between "inaction" and "exploitation of the position"... The phenomenon of violating the parliament's quorum is worsening amid criticism of its presidency
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Baghdad today - Baghdad
Over the course of its successive sessions, the phenomenon of disrupting the enactment of laws has become widespread in parliamentary circles due to the absence of representatives in order to violate the quorum for the session, with “the Presidency of Parliament not being serious about developing appropriate solutions to limit it,” according to what parliamentarians confirm.
On this basis, independent representative Basem Khashan reveals the reason for the failure of the House of Representatives to hold any session with a full quorum according to its announced time.
Khashan told "Baghdad Today", Sunday (September 17, 2023), that "there are political courtesy in not holding accountable representatives who are absent from parliamentary sessions, and that is why we see the House of Representatives failing to hold any session with a full quorum according to its announced time, and it is postponed until a quorum is reached."
He stated that "the Presidency of Parliament does not deal in accordance with the punitive laws in accordance with the Parliament's internal regulations against every representative who is absent from Parliament sessions," calling for "activating the internal regulations away from political courtesies and pressures, which greatly affected the work of Parliament during the current parliamentary session."
The House of Representatives failed more than once to hold its scheduled sessions at a time when a package of important laws were lined up in the drawers of the Legal Committee, such as the Oil and Gas Law, the Federal Supreme Court, the Governorate Law, laws related to financial and administrative corruption, as well as the Slum Law and the Domestic Violence Law.
Perjury of constitutional oath
Regarding the question about the legal nature of violating the quorum for a session of the House of Representatives and whether it is a right or a legal violation, and with reference to the bylaws of the Iraqi House of Representatives, Article 16 of it stipulates the following:
The Council member is committed to the following:
First: Attending the meetings of the Council and its committees of which he is a member. It is not permissible to be absent except with a legitimate excuse determined by the President or the Chairman of the relevant committee.
As for Article 18, it stipulates the following:
First: Attendance and absence are published in the Council’s regular bulletin and a newspaper.
Second: In the event that absence is repeated without a legitimate excuse five consecutive times or ten non-consecutive times during the annual session, the Presidency may send a written warning to the absent member inviting him to commit to attendance. In the event of his non-compliance with the Presidency, the matter shall be presented to the Council based on the Commission’s request.
Third: A certain percentage determined by the Council will be deducted from the remuneration of a member of the House of Representatives in the event of his absence.
At the beginning of assuming his responsibilities, the representative also takes the constitutional oath in the following format:
(I swear by God Almighty to perform my legal duties and responsibilities with dedication and sincerity, to preserve Iraq’s independence and sovereignty, to look after the interests of its people, to ensure the safety of its land, sky, water, wealth, and its federal democratic system, and to work to preserve public and private freedoms and the independence of the judiciary, and I commit to implementing legislation honestly and impartially... I swear by God, I will do what I say. martyr).
According to what was mentioned above, legal experts believe that the failure of a representative, or a group of them, to meet the necessary quorum to pass laws with the intention of disrupting the enactment of laws that suit their desires, is considered an act that violates the articles of the bylaws of the House of Representatives and is also considered a violation of the constitutional oath that was echoed by all members of the House of Representatives.
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