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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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    What will happen to the new councils’ first constitutional violation?

    Rocky
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    • Post n°1

    What will happen to the new councils’ first constitutional violation? Empty What will happen to the new councils’ first constitutional violation?

    Post by Rocky Tue 06 Feb 2024, 2:21 pm

    [size=38]What will happen to the new councils’ first constitutional violation?[/size]


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    February 5, 2024[You must be registered and logged in to see this link.]
    Baghdad/Al-Masala Event: 15 days have passed since the Independent High Electoral Commission finally approved the election results, and according to the Provincial Councils Law, it is supposed to call for the first session of the councils to be held within only 15 days from the date of approval of the results.
    While the stipulated legal and constitutional deadline has expired, all provincial councils in Iraq have still not convened, or are witnessing continuous postponements of their meetings due to various political disputes in different provinces.
    In the governorates of Kirkuk and Nineveh, the Kurdish parties and their differences play a major role in delaying the resolution of the provincial councils there, as well as the disputes in the western governorates, but in the central and southern governorates, and despite the dominance of the coordination framework in 7 out of 10 governorates, a dispute of another kind appears, which is the renewal or comprehensive change of the governors. Some political blocs affiliated with the current governors are demanding the renewal of the mandate for their governors, despite the coordination framework’s objection to this.
    All of these influences led to the delay in convening the provincial councils despite the passage of the legal period that is about to expire within 24 hours, after 15 days have passed so far since the final approval of the election results, which was ratified by the Commission on January 21 of last year.
    Legal expert Ibrahim Al-Sultani says that the issue of forming local governments depends on two contradictory factors, which are both the constitutional situation and the Governorate Councils Law No. 21 of 2008, which called and obligated everyone for the governors to invite the new governorate councils to convene within only 15 days from the date of final approval of the results. Provincial council elections.
    He stated that in the first session, the head of the governorate council and his two deputies must be elected by an absolute majority, and then the governor and his two deputies must be elected by a simple majority.
    He explained that the second factor currently influencing the convening of provincial councils is the requirements of the political process and consensus between the blocs, although each governorate must be independent and its local government is responsible for calling for the convening of councils, and the political blocs in each governorate are responsible for this matter in order to run the wheel of local government. What happens is that all governorates are placed in one political basket.
    Regarding the legal impact of the expiration of the 15-day constitutional deadline and the councils not being held yet, Al-Sultani believes that this constitutes a constitutional violation, which he described as something we have become accustomed to.
    He stressed that every citizen harmed by the delay in holding the provincial councils has the right to appeal and file a lawsuit with the Federal Court against the delay in the holding of the provincial councils.
    However, this lawsuit and the constitutional violation will have no effect, according to observers, especially since the Federal Court may not have what may force the councils to convene forcibly
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