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A specialist warns Parliament against amending its bylaws: a legal and constitutional clash
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Baghdad today - Baghdad
Legal expert Ali Al-Tamimi warned today, Sunday (January 14, 2024), that Parliament was committing a constitutional violation after seeking to amend its bylaws.
Al-Tamimi told “Baghdad Today” that “seeking to amend the bylaws of the House of Representatives by renaming the Presidium of Parliament violates the constitution. There is Federal Court Decision No. (87) of 2012, according to which the court abolished the so-called “Presidium of Parliament.” It required that his names be the Speaker of Parliament and his two deputies, or the President and his deputy.”
He added, "The decisions of the Federal Court are final and binding on all authorities in accordance with Article (94) of the Constitution. Therefore, it is not permissible, legally or constitutionally, to amend the internal regulations of the House of Representatives in a way that contradicts the decision of the Federal Court."
Al-Tamimi continued, "This amendment is a measure that clashes with a legal and constitutional prohibition, and any amendment can be appealed before the Federal Court."
Earlier today, the House of Representatives announced that it had adjourned its session without electing a new Speaker of Parliament, while it presented a proposal for a vote on adding an amendments paragraph to the House’s bylaws.
The vote to restore the Presidency of the House of Representatives as it was previously was replaced by the president, as amended by Al-Halbousi, which caused disagreements and verbal altercations, as a result of which the session was adjourned without electing the new president.
The session was devoted to electing the Speaker of the House of Representatives, where the House went to a second round to elect the Speaker of Parliament after the first round ended without any of the candidates obtaining a sufficient number of votes or an absolute majority to win the seat of Speaker of the House.
The candidate must obtain an absolute majority, i.e. 165 votes, to obtain the seat of Speaker of Parliament, which forced Parliament to go to a second round of voting limited to the top two candidates who received the highest number of votes in the first round.
In mid-November, the Federal Supreme Court ended the presidency of Muhammad al-Halbousi, based on a “forgery” lawsuit filed by one of the representatives.
Following the ruling, the Presidency of the House of Representatives decided to officially terminate the membership of the Speaker of the House, Muhammad al-Halbousi.
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