Law prohibits a third term .. The prime minister threatened to resort to the Federal Court

Law prohibits a third term for the owners .. The prime minister threatened to resort to the Federal Court

11/08/2012 (23:00 pm)

Baghdad / term

Line opponents of the renewal of the Prime Minister Nuri al-Maliki step forward on the road to determine the mandate with two and it pays a draft resolution to that effect to the House floor after approval of the Parliamentary Committee of Legal it by the majority of its members despite opposition from Congress State of Law coalition headed by Maliki, who is looking forward for a third term amid expectations disagreements new between the political blocs on the project where the government threatened to resort to the Federal Court to be undone.
Ratified the Legal Committee in the House of Representatives by a majority vote on the draft law of the mandate of the three presidencies of the Republic and the parliament and the government with two and retroactively. And identifies the new Iraqi constitution approved in a referendum in late 2005 the mandate of the President of the Republic with two, but he did not specify for the Prime Ministers and the House of Representatives.
The committee includes 16 members, ten of them agreed on the bill while six opposed, including five members representing a coalition of state law, which is the law contrary to the articles of the Constitution and the decisions of the Federal Court. The bill will be forwarded to the Presidency of the Council of Representatives for inclusion in the agenda of its meetings to start legitimizes mechanisms.
But the bill faces opposition Maliki’s coalition and some components of the Shiite National Alliance is that the Iraqi List and the Kurdistan Alliance and the Sadrists one of the formations Shiite coalition supported the project, and sitting next to identify the three states of presidencies. Powers say the pro-project that will create the base maintain the democratic system in the country and the gains achieved in the new Iraq. Noteworthy that 133 MPs have signed the request of the legislation was among the 325 deputies are the total members of the House of Representatives.
And is expected to witness debates bill controversy and wide differences in a country already suffering from political crises sharp and if approved should it amend the constitution and this in turn requires a referendum on the amendment as stipulated in the Constitution itself, which is going to take a long time may come in contact with parliamentary elections General expected in early 2014.
Was considered legal adviser to Prime Minister Nuri al-Maliki, yesterday, the draft law is not binding, explaining that the government can cancel the proposal of the House of Representatives if the laws. Said Fadel Mohammed Jawad “The message of President Jalal Talabani to the House of Representatives a few days ago was clear when shown the bills must come from the government and the President of the Republic is not entitled to the House of Representatives legislation of laws before they reach the two,” noting that “the House of Representatives, according to the Constitution the right him to submit a proposal and send it to the law that the government takes its way toward legislation. ”
He told him Bri Center for the official Iraqi Media Network that “any constitutional support for the proposal identify Velayati Prime Ministers and the House of Representatives is and if prescribed by Parliament we will resort to the Federal Court to set aside.” He pointed out that “the government had resorted to the Federal Court when added House some paragraphs in the budget in 2012 and recently released court decision invalidating paragraphs added from the parliament and the proposals of laws legislated by the House of Representatives without the knowledge of the government was challenged in the Federal Court has been canceled, such as law Ministry of Municipalities and Law of the Ministry of Labour. ”
The Article 72 of the Iraqi Constitution states determine the mandate of the President of the Republic in four years and may be re-elected for a second term but that the Constitution did not specify the number of states and prime ministers of parliament.
The cleric Moqtada al-Sadr had called in July last of the House of Representatives to vote on a law that defines the mandates of the three presidencies two sessions “to avoid dictatorships.” He also presented the independent MP Sabah al-Saadi in September 2011 to the House of Representatives a draft law includes six points defines the mandate of the Prime Minister two terms only eight years whether the two states before or after the law.
It is noteworthy that Prime Minister Nuri al-Maliki received the post of prime minister in his first term in 2006 when he succeeded President of the National Alliance Ibrahim Jaafari after he won the National Coalition Unified timely parliamentary elections in the form of al-Maliki ahead of elections March 2010 State of Law coalition, which came second winning on 89 parliamentary seats after the Iraqi List, which فحصلت 91 seats, and nominated President Iyad Allawi for the position but the question of the political majority after the alliance Maliki’s coalition with the National Alliance, which won 70 seats are settled position in favor of al-Maliki to assume his second term officially on 21 December (December) in 2010 after parliament granted him the confidence.

Bill the mandate of the three presidencies
The bill provides for the expiration of the mandate of the President of the Republic the end of the election cycle to the House of Representatives which was elected president by the Council may not take over as President of the Republic by the same person for more than two consecutive or non-consecutive .. It also identifies the expiry of the mandate of the Prime Minister by the end of the electoral cycle for the House of Representatives has given the trust may not take this position by the same person for more than two consecutive or non-consecutive. He also points to the expiration of the mandate of the President of the Council of Representatives by the end of the electoral cycle of the Council which was elected president by the House of Representatives may not be in office by the same person for more than two consecutive or non-consecutive, whether before the entry into force of this law or beyond.
According to the text of the draft law, seen by “Elaph”:
According to the provisions of the Constitution and the Rules of Procedure of the Council of Representatives We, the signatories in advance for you to determine state law proposal for the three presidencies (the Republic, deputies and ministers) Rajin referred to the Legal Committee in order to move in the legislative lines.

Presidency
Based on what prescribed by the House of Representatives and approved by the President of the Council on the basis of the item (First) of Article (61) and item (iii) of Article (73) of Law No. 2012 .. Proposed law to determine the duration of the mandate of the President of the Republic and President of the House of Representatives and the Prime Minister:
Article (1):
First: the term of the mandate of the President of the Republic the end of the election cycle to the House of Representatives which was elected president by the Board.
Second: It is not permissible to assume the position of President of the Republic by the same person for more than two consecutive or non-consecutive and whether it’s before the entry into force of this law or beyond.
Article (2):
First: the term of mandate of the President of the Council of Representatives by the end of the electoral cycle for the House of Representatives which was elected president by the Board.
Secondly: It is not permissible take over as head of the House of Representatives by the same person for more than two consecutive or non-consecutive and whether it’s before the entry into force of this law or beyond.
Article (3):
First: mandate expires Prime Minister by the end of the electoral cycle for the House of Representatives where the confidence accorded to the Presidency of the Council of Ministers of the Council.
Second: It is not permissible to take over the position of Prime Minister by the same person for more than two consecutive or non-consecutive and whether it’s before the entry into force of this law or beyond.
Article (4):
Is one of the states mentioned in the articles (1) (2) (3) above, which ends exemption or resign or dissolve the House of Representatives or withdrawal of Representatives confidence before the end of the electoral cycle.
Article (5):
The Council of Ministers have resigned if a vacancy occurs more than half of the positions of its members either resign or dismissal or withdrawal of confidence.
Article (6):
First: The Council of Ministers caretaker government in the following cases:
A – the end of the session the election of the House of Representatives.
– Dissolve the House of Representatives itself before the end of its campaign.
T – the resignation of the Council of Ministers or the President.
W – to withdraw confidence from the Prime Minister.
Second: limited task of the Caretaker Government to conduct normal everyday things and just.
Article (7):
It does not cost House Speaker who withdraw confidence from him after questioning the position of the Prime Minister again if the mandate, which was to withdraw confidence from it is the first state.
Article (8):
This law is implemented from the date of its publication in the Official Gazette.
Reasons:
For the purpose of organizing the term of the President of the Republic and President of the House of Representatives and the President of the Council of Ministers and related provisions and their importance to the democratic structure of the state and sustain the peaceful transfer of authority initiated this law.

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