Withdraw confidence from the Prime Minister have many serious and unconstitutional conditions
Legal expert: withdraw confidence from the Prime Minister have many serious and unconstitutional conditions
30.3.2016 9:05
[Oan- Baghdad]
legal expert said that the “withdrawal of confidence [dismiss] Prime Minister in Parliament have many serious and unconstitutional conditions.”
Said Tariq Harb said in a statement received by all of Iraq [where] a copy of it, “Some of repeating , without knowing, especially yesterday from some parliamentarians from the House of Representatives will resort to dismiss the prime minister without the need to be aware that the constitution stipulated conditions for the withdrawal of confidence [impeachment] and arranged effects on the withdrawal of a large and serious trust. ”
he added,” if the Constitution had been passed to the prime minister and the parliament to sack the minister even though there was no particular reason behind the dismissal , in accordance with the provisions of Article 78 of the Constitution , which does not require a condition for the dismissal of the minister of the prime minister and the parliament ‘s approval on impeachment be simple majority of more than half of the number of attendees. ”
he pointed a war that” if attendance of 220 deputies , a number of members of parliament present in these days sessions, the approval of 110 members of the impeachment is the window against the minister as to the dismissal of Prime Minister Phan constitution systems in article [61 / VIII / b] did not decide impeachment measure taken by the parliament against the prime minister, but decided to withdraw confidence measure leads to an end to the ministry and the whole meaning the prime minister and ministers. ”
He stressed that” the Constitution permits the President of the republic may submit a request to parliament to withdraw confidence from the prime minister and the parliament to withdraw confidence from the prime minister , even if the president did not give it , provided that preceded the withdrawal of confidence interrogation , which is being handled by parliament and provided for a request for the questioning of five members of parliament any approval [66] deputies as representing a third of the members of the parliament’s 328 deputies. ”
He noted that the ” interrogation is a parliamentary accusation somewhat resemble judicial accusation and the difference between them is that the impeachment followed by a withdrawal of confidence and the accusation of judicial followed by punishment must also be in the interrogation of questions that are forwarded and indicate places negligence and error, which occurred when the Prime Minister to identify and then vote on no – confidence if they do not convinced parliament answers to the prime minister. ”
he explained that” the withdrawal of confidence requires the consent of a majority of the members of parliament , or the approval of 165 deputies , at least considering that the number of members of Alpelman 328 deputies including note the difference between the sacking of the minister and dismiss the prime minister and the constitution determines that the ministry considered resigned prime minister and all its ministers, which requires the formation of a new ministry within thirty days deposed government and the Ministry of caretaker and for us to imagine the difficulty and complexity in the formation of a new ministry if we take the current circumstances and conditions which are more complex conditions and the conditions of the formation of the previous ministries. ”
alliraqnews.com
