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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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    Legal expert Jamal al-Asadi writes about the powers to sack the Iraqi minister

    Rocky
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    Legal expert Jamal al-Asadi writes about the powers to sack the Iraqi minister Empty Legal expert Jamal al-Asadi writes about the powers to sack the Iraqi minister

    Post by Rocky Fri 01 Jul 2016, 4:01 am

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    [size=48]Legal expert Jamal al-Asadi writes about the powers to sack the Iraqi minister


    June 30, 2016


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    Iraqi cabinet (archive)
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    Our economy / Baghdad 
    The House of Representatives the power to the resignation of the Cabinet or the pink slip ... 
    Prime Minister the power to dismiss ministers or accept their resignations ...

    Sometimes raised two terms are parallel (the resignation, impeachment), the subject of ministerial amendments, in which many of the legal arguments raised, ended with the decision of the Federal Court, which annulled the parliamentary session in the history of (26/4), and to clarify these things show Mayati: -
    1. Article (61 / VIII / a) of the constitution that the (Council of Representatives may withdraw confidence from a minister by absolute majority, and shall be considered resigned from the date of the decision to withdraw confidence, and may not be raising the issue of confidence in a Minister, but based on his desire, or request site fifty members after the questioning him prompt, and the Council shall decide on the request except after at least seven days from the date of submission). 
    Here are the constitutional article suspended the subject of the resignation of the minister, is twofold first Hobina on the willingness of the minister (the minister himself, of confidence in the House of Representatives), the second prong is questioned directly addressed to the Minister and after the interrogation is complete, and issued the House of Representatives his decision based on his conviction an answer minister, the answer to the request for the location of the fifty members, after at least seven days. 
    Here are the constitutional legislator has put this mechanism and called the resignation a fact that a term is possible that I call and did not find a place in Iraqi laws (compulsory resignation). 
    Constitutional legislator has gone for this designation because impeachment in the jurisprudence to be the owner of it commissioned or appointed (the Prime Minister) and here the House of Representatives, gave confidence to the Prime Minister and members of his cabinet, and it is not the appointment. For the piece is called a loss of confidence to the minister of the House of Representatives term resign.

    2. Article 78 of the Iraqi Constitution that: - (The prime minister is the direct executive responsible for the general policy of the state, the general commander of the armed forces, the administration of the Cabinet and presides over its meetings, and has a right to dismiss the Cabinet, with the consent of the House of Representatives). 
    Here are the constitutional legislator difference between resignation and impeachment, as the resignation is an administrative process that starts an application and ends service administrative decision issued accepting the resignation, which is a manifestation of the will of the employee in the retirement of the service and the decision to accept this request is in turn a manifestation of the will of the chief administrative officer in the acceptance of this request the events of the legal effect of the resignation, and Hahak personal to each employee, or assigned to public service, has been outlined by Article (35 / 1.2) of the Iraqi civil Service Act No. 24 of 1960 amended, which provides that (the employee to resign from his job a written request submitted to than the competent authorities .. the reference to decide on the resignation within a period not exceeding thirty days and is considered an employee Mnevka its end unless acceptance is issued before that). 
    But impeachment is an administrative right to his appointment and commissioning.

    3. Aaahram of the pension, any employee or assigned to public service, both had resigned accepted or not, or was dismissed with or without him, provided the required service and age-specific, this Manst in Article (13) of the Unified Retirement Law No. (9) for the year 2014 which states that (does not prevent an employee or dismissed or left the service or resignation from the entitlement of pension rights insulation does not distract pension unless he has completed one (50) years of age and has a pension service of not less than twenty (20) years and each weather does not distract the pension for the period prior to the date of completing the said age).
    The opinion 
    Each Mabinah above, the resignation of the minister a written request to the Prime Minister, and the resignation is not accepted by him, tubeless then view the subject of the resignation to the House of Representatives, while the dismissal of the minister by the Prime Minister requires that the Juba topic presented to the House of Representatives, while the pension rights they fixed maturity minister, according to the policeman of service and age, whether he resigned or was sacked minister.

    Jamal al-Asadi


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