Legal expert confirms the non-eligibility of Parliament questioned the resigned ministers
Legal expert confirms the non-eligibility of Parliament questioned the resigned ministers
20/07/2016 10:50
{Baghdad} Euphrates News said the legal expert Tareq Harb, on Wednesday, on the lack of legitimacy of the House of Representatives questioned the resigned ministers, according to the Iraqi constitution.
He said the war in a statement, the agency {Euphrates News} received a copy of it today, “Prime Minister ‘s decision on Tuesday, accepting the resignation of six ministers are ministers {oil, transport, interior, industry, water resources, construction and housing} resulted in the inadmissibility of questioning by the Parliament, so that the paragraph {Seventh / c} article {61} of the Constitution decided to interrogation to the minister and those who have the prime minister agreed to resign lost their ministerial described and can not call them ministers unless we told ministers and former interrogation is located on the current minister in the service and not the former minister , who left the service for his resignation . ”
He added , ” also, paragraph {VIII / a} article above of the Constitution decided that some of the effects of the interrogation to withdraw confidence from the minister and those ministerial confidence over their end of their status as ministers and the consequent withdrawal of confidence as the above – mentioned article of the minister decided to be considered to have resigned and those had previously submitted their resignations and the Prime Minister agreed on the resignations do not resign after the resignation may not be the rhythm resign seconds earlier resignation so that the resignation be the minister found in the service either of these ministers have has resigned and may not be enjoying a new resignation after the previous resignation. ”
he noted that” not It must be noted conditions and restrictions interrogation and the first of these conditions and restrictions is the inadmissibility of questioning the minister resigned and there are other conditions and restrictions because the interrogation is a parliamentary indictment issued by the parliament , similar to the judicial indictment issued spend the criminal courts for the accused because the minister who is being questioned is accused by the parliament and the difference only one of the impeachment and indictment of the judicial is the implications on Monday. ”
he explained that” the interrogation parliamentarian may result in the withdrawal of confidence from the minister to resign, but not followed by punishment either judicial interrogation may result in the imposition of the penalty by the Criminal courts of justice, but they stipulate that they both sides and follows them advocacy and denial or approval and recognition, exile and provide arguments and evidence and documents by a member of the questioner ‘s parliament and by the minister replace the interrogation and after that subject defenses minister and his answers and documents for the calendar by parliament. ”
he continued , saying , ” if parliament is convinced answers minister, the topic is considered terminated if parliament is not convinced Van him to resort to a vote withdrawing confidence from the minister after the submission of the request of 50 deputies and a withdrawal of confidence after seven days of the request and have to vote to withdraw confidence from the minister by simple majority , a majority of those present after quorum is achieved, if the presence of 200 deputies, the approval of 101 deputies is sufficient to pull trust. ”
the presidency of the Council of Representatives, announced during the second session last Wednesday for defining question ministers dates, and called on the providers of Representatives questioning request to review the General Secretariat of the Council to see the interrogation dates have been identified to question ministers who dates submitted requests for questioning.
the presidency of the parliament, to the existence of “problematic in questioning the Minister of transport , ” noting that “If confirmed, the resignation of the minister, the interrogation will be canceled.”
the Supreme Iraqi Islamic Council has warned of transforming the interrogation process to target political and Mnacfh impede serious follow – up, explaining that “the transport Minister Baqir Jabr Al – Zubaidi, he had resigned from the Ministry of transport in the 10th of the month of February 2016, and was followed to confirm later in the 13th month of last March 2016 “.anthy
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