A legal expert determines the mechanism for resolving the issue constitutionally... The crisis of th

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[size=52]A legal expert determines the mechanism for resolving the issue constitutionally... The crisis of the Speaker of Parliament is on its way to being resolved... and a representative of the framework: Al-Mashhadani is the most prominent candidate for the position[/size]

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09/01/2024
Hussein Faleh:
The representative of the Coordination Framework, Firas Al-Maslamawi, confirmed that the crisis of electing the Speaker of Parliament is on its way to being resolved. While he indicated that Mahmoud Al-Mashhadani is the most prominent candidate for the position, legal expert Ali Al-Tamimi identified the mechanism for resolving the issue of electing the Speaker of Parliament constitutionally.
Al-Maslamawi said in an interview: The dialogue is ongoing regarding the issue of electing the Speaker of Parliament in order to resolve it, considering that it has been delayed a lot. He pointed out that the Coordination Framework is pushing the wheel to accelerate the election of the Speaker of Parliament, considering it an entitlement that must be completed.
He added: There are ongoing dialogues within the Sunni component as well as within the Coordination Framework in order to pass the Speaker of Parliament in the coming period. Indicating: At present, the most prominent candidate for the position of Speaker of Parliament is Mahmoud Al-Mashhadani.
He pointed out: The Coordination Framework worked to have a Sunni agreement on the mechanism for choosing a person for the position of Speaker of Parliament, but this did not happen, so it went to the Sunni majority to pass the Speaker of Parliament because the consensus did not reach solutions to this file.
He continued: I expect that this file has become close to being resolved after it represented a political knot and an intensification of the Sunni-Sunni dispute over reaching a mechanism for choosing a suitable person for this position, but after the intervention of the Coordination Framework, I believe that the matter is close to being resolved. Indicating: In the form of a Sunni majority with the Coordination Framework’s vote, the matter proceeds to choose the Speaker of the House of Representatives, who has been long awaited during this period.
For his part, legal expert Ali Al-Tamimi determined the mechanism for electing the new Speaker of Parliament constitutionally.
Al-Tamimi said in an interview with “Al-Zawraa”: Article 55 of the Constitution stipulates that the House of Representatives elects its Speaker in its first session by an absolute majority of the number of members, i.e. half the total number plus one, which was confirmed by Article 12/3 of the House of Representatives System No. 1 of 2022, and the session is managed by the First Deputy, if the position becomes vacant for any reason, whether the vacancy is for the President or one of his deputies.
He added: The nomination door is opened by the session president, i.e. the first deputy, then the direct secret ballot process begins by the deputies by voting with papers and counting the votes on the board, then the candidate who gets the highest number of votes and a percentage of half the number plus one becomes the Speaker of Parliament and takes the constitutional oath before Parliament in accordance with Article 50 of the Iraqi Constitution.
He pointed out: The session opens with the attendance of half the total number plus one in accordance with Article 59 of the Iraqi Constitution, and the constitution and the internal regulations of the House of Representatives did not address the case of equal votes or in the event that none of the candidates obtains the required percentage. He explained: Article 55 of the Constitution stipulated that the Speaker of Parliament be elected in the first session, but we note that this did not happen in all previous sessions due to the lack of consensus, and the sessions that violate the constitution are repeated and the justification for adjourning the sessions is repeated due to the failure to achieve the required legal quorum of half the total number plus one.
He continued: Article 55 of the Iraqi Constitution is not a regulatory article, but rather an imperative, but it was not coupled with a penalty, which allows the right to appeal before the Federal Supreme Court in the event of a violation of the text contained therein. He added: As for compensating the excluded representatives according to Federal Court Decision No. 9 of 2023, 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 loser in the electoral district, as Parliament shall contact the Electoral Commission to find out this.
He went on to say: As for whether the extraordinary session mentioned in Article 58 of the Constitution, in accordance with which the Parliament session was held, is equivalent to a regular session or is it outside this concept, points of view differ on this, although I see it as a regular session because the text of Article 55 of the Constitution came absolute and absolutes apply in its absoluteness unless something comes to restrict it, and it is not restricted by any text, which was confirmed by the Federal Supreme Court in Decision No. 9 of 2009.[/size]
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