What awaits the presidency of Parliament legally after the Halbousi stage?
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2023-11-15 02:19
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2023-11-15 02:19
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Shafaq News/ Legal affairs expert, Salem Hawass, revealed today, Wednesday, the constitutional date for electing the new Speaker of Parliament, after the membership of its former speaker, Muhammad Al-Halbousi, was terminated.
Hawass told Shafaq News Agency, “The current effective internal regulations of the House of Representatives No. 1 of 2022 stipulate in the provisions of Article 12 thereof that the president must be chosen in the first session after the expiration of his membership, his dismissal, his resignation, or the vacancy of his position, in order to preserve the balances between the political blocs.” .
He stated that “it is a legal error for the Council’s sessions to be managed by the First Deputy or the Second Deputy for a period that may be longer or shorter due to the vacancy of the position, because this constitutes a clear violation of the text contained in the bylaws, and even assuming that the session is postponed more than once due to lack of a quorum, but the sessions must be managed.” By the original president, otherwise the balances will be considered unachieved in accordance with the aforementioned text, as was the political custom, not the constitutional one, according to the text.”
He added, "The text of the provisions of Article 12 of the bylaws stipulates, firstly: When the president or one of his two deputies submits their resignation from his position, it shall be accepted after the approval of the Council by a majority of its members present. Secondly: The House of Representatives may dismiss the president or one of his two deputies in accordance with the law. Thirdly: If the position of president becomes vacant." The Council or any of its two deputies, for whatever reason, shall elect his successor by an absolute majority in the first session it holds to fill the vacancy in accordance with the controls of political balances between the blocs.”
The expert in legal affairs continued, “The text of the provisions of Article 55 of the Constitution stipulates that the House of Representatives shall elect, in its first session, a president, by an absolute majority of the number of members of the House, by direct secret election, and this Parliament is obligated to elect a new president in a session held for it after the decision of the Federal Court.” ".
Yesterday, Tuesday, the Federal Supreme Court in Iraq, which is the highest judicial authority in the country, issued a decision to terminate the membership of the Speaker of the House of Representatives, Muhammad al-Halbousi, the most prominent Iraqi Sunni politician, in a step that came based on a “forgery” lawsuit filed by one of the representatives.
The statement published on the court’s official website stated that it “decided to terminate the membership of the Speaker of the House of Representatives, Muhammad Rekan Al-Halbousi, effective from the date of issuance of the ruling on November 14, 2023.” The court also took a similar decision against MP Laith Mustafa Hamoud Al-Dulaimi, who filed the lawsuit, according to the statement.
The trial began last February before the Federal Supreme Court, after a complaint filed by Representative Laith Al-Dulaimi. Al-Dulaimi accused the Speaker of Parliament of “forging” the date of a previously submitted resignation request in his name, with the aim of expelling him from Parliament.
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Hawass told Shafaq News Agency, “The current effective internal regulations of the House of Representatives No. 1 of 2022 stipulate in the provisions of Article 12 thereof that the president must be chosen in the first session after the expiration of his membership, his dismissal, his resignation, or the vacancy of his position, in order to preserve the balances between the political blocs.” .
He stated that “it is a legal error for the Council’s sessions to be managed by the First Deputy or the Second Deputy for a period that may be longer or shorter due to the vacancy of the position, because this constitutes a clear violation of the text contained in the bylaws, and even assuming that the session is postponed more than once due to lack of a quorum, but the sessions must be managed.” By the original president, otherwise the balances will be considered unachieved in accordance with the aforementioned text, as was the political custom, not the constitutional one, according to the text.”
He added, "The text of the provisions of Article 12 of the bylaws stipulates, firstly: When the president or one of his two deputies submits their resignation from his position, it shall be accepted after the approval of the Council by a majority of its members present. Secondly: The House of Representatives may dismiss the president or one of his two deputies in accordance with the law. Thirdly: If the position of president becomes vacant." The Council or any of its two deputies, for whatever reason, shall elect his successor by an absolute majority in the first session it holds to fill the vacancy in accordance with the controls of political balances between the blocs.”
The expert in legal affairs continued, “The text of the provisions of Article 55 of the Constitution stipulates that the House of Representatives shall elect, in its first session, a president, by an absolute majority of the number of members of the House, by direct secret election, and this Parliament is obligated to elect a new president in a session held for it after the decision of the Federal Court.” ".
Yesterday, Tuesday, the Federal Supreme Court in Iraq, which is the highest judicial authority in the country, issued a decision to terminate the membership of the Speaker of the House of Representatives, Muhammad al-Halbousi, the most prominent Iraqi Sunni politician, in a step that came based on a “forgery” lawsuit filed by one of the representatives.
The statement published on the court’s official website stated that it “decided to terminate the membership of the Speaker of the House of Representatives, Muhammad Rekan Al-Halbousi, effective from the date of issuance of the ruling on November 14, 2023.” The court also took a similar decision against MP Laith Mustafa Hamoud Al-Dulaimi, who filed the lawsuit, according to the statement.
The trial began last February before the Federal Supreme Court, after a complaint filed by Representative Laith Al-Dulaimi. Al-Dulaimi accused the Speaker of Parliament of “forging” the date of a previously submitted resignation request in his name, with the aim of expelling him from Parliament.
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