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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Expert Al-Tamimi reveals the mechanism for electing the new Speaker of Parliament according to the c

    Rocky
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    Expert Al-Tamimi reveals the mechanism for electing the new Speaker of Parliament according to the c Empty Expert Al-Tamimi reveals the mechanism for electing the new Speaker of Parliament according to the c

    Post by Rocky Thu 23 Nov 2023, 7:15 am

    [size=38]Expert Al-Tamimi reveals the mechanism for electing the new Speaker of Parliament according to the constitution[/size]


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    November 23, 2023[You must be registered and logged in to see this link.]
    Baghdad/Al-Masala Al-Hadath: Legal expert Ali Al-Tamimi revealed, on Thursday, the mechanism for electing the new Speaker of Parliament in accordance with the Iraqi constitution.
    Al-Tamimi said in a statement followed by Al-Masala, “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, that is, half the total number plus one), which is confirmed by Article 12/3 of the House of Representatives Regulations No. 1 of the year 2022, and the session will be managed by the First Deputy.”
    He added, “The door for nominations is opened by the chair of the session, that is, the first deputy, and then the process of direct secret ballot begins with the representatives voting with papers and counting the votes on the board. Then the one among the candidates who obtains the highest number of votes and the percentage of half the number plus one will be the speaker of Parliament and take the constitutional oath before Parliament.” According to Article 50 of the Iraqi Constitution.”
    He stressed that “the session opens with the presence of half of the total number plus one in accordance with Article 59 of the Iraqi Constitution, and neither the Constitution nor the House of Representatives’ bylaws address the case of equal votes or in the event that none of the candidates obtains the required percentage.”
    He pointed out that “Article 55 of the Constitution requires that the president of Parliament be elected in the first session,” adding, “But we note that this did not happen in all previous sessions due to the lack of consensus, and sessions in violation of the Constitution are repeated and the justification for adjourning sessions is repeated because the required quorum is not achieved.” Half the total number plus one.”
    He pointed out that “Article 55 of the Iraqi Constitution is not a regulatory article, but rather an imperative one, but it is not associated with a penalty, and this allows the right of appeal before the Federal Supreme Court in the event of a violation of the text contained therein.”
    Regarding compensation for the excluded representatives according to Federal Court Decision No. 9 of 2023, Al-Tamimi stated that “it shall be in accordance with Article 15 of the House of Representatives Elections Law No. 9 of 2020 according to the rule of the best losers in the electoral district, where Parliament will approach the Elections Commission to find out about this.”
    The legal expert explained, “As for whether the extraordinary session mentioned in Article 58 of the Constitution, under which the Parliament session was held, is equivalent to a regular session, or is it outside this concept? Opinions differ on that, even if I see it as a regular session because the text of Article 55 of the Constitution was absolute.” The absolutes apply absolutely unless something restricts them, and they are not restricted by any text.”
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