Iraqi lawmaker: Al-Kazemi is able to dissolve parliament by one procedure and no one can object

Iraqi lawmaker: Al-Kazemi is able to dissolve parliament by one procedure and no one can object

07/22 2020 16:32

Iraqi lawmaker - Al-Kazemi is able to dissolve parliament by one procedure and no one can objectBaghdad today – Baghdad

Representative of Al-Fath Ghazanfar Al-Bateekh confirmed that Prime Minister Mustafa Al-Kazemi can issue a decision in agreement with the President of the Republic to dissolve the Iraqi parliament at present, while pointing out that the absence of the Federal Court, which is suspended due to lack of quorum, prevents the holding of early elections.

Watermelon said in a televised interview I followed (Baghdad today) that “it is very dangerous to continue obstructing the work of the Federal Court because of the lack of a quorum and the lack of legislation in its law and its disruption means that early elections cannot be held and a new law must be enacted and its file resolved to proceed with elections and many benefits.”

He added, “It is also the duty of the Federal Court to monitor the constitutionality of the laws enacted by the House of Representatives, which is supposed to present each law to it.”

He pointed out that “in the absence of the Federal Court, Prime Minister Mustafa Al-Kazemi can dissolve parliament if he finds pressure on him, and then there can be no objection by the Council in the absence of the Federal Court, which decides on such matters.”

He indicated that “the constitution indicates that parliament can dissolve itself by a two-thirds majority of its members and also at the request of the presidents and ministers, and if there is an agreement between them, they will run the country according to the constitution.”

Regarding the file of regional relations, Al-Batikh said, “The Gulf countries, headed by Saudi Arabia, took the orders from the United States to open up to Iraq in 2016, and former Foreign Minister Adel Al-Jubeir came with a private plane for Baghdad and met with former Prime Minister Haider al-Abadi. The Iraqi-Saudi Coordination Council was established and there was ambition in the state Again, Abadi or an alternative national salvation government, and this is what Saudi Arabia has sought with the United States. ”

He added, “America and Saudi Arabia believe that every Iraqi government that comes after the elections will be controlled by Iran. Al-Fateh and others agreed to assign Adel Abdul-Mahdi and the formation of the previous government. Here, Washington believed that Iraq would come out of the American system, especially after the approval of the agreement with China and sought to thwart its work.”

On Thursday (January 23, 2020), the Supreme Judicial Council issued a circular in which the decisions of the Federal Court are deemed “stateless”.

(Baghdad Today) obtained a document issued by the President of the Supreme Judicial Council, Faeq Zidan, that includes: “During his session held on 23/1/2020, on the occasion of the Day of the Iraqi Judiciary, he decided to pass all the courts to note that the quorum of the Federal Supreme Court is not It is legally complete to refer the member of the court, Judge Farouk Al-Sami, to retirement, and because there is no provision in the law or constitution that specifies a mechanism for nominating and appointing the alternative because the president of the court canceled the only text that was in effect and represented in Article (3) of Ordinance (30), for the year 2005, according to Resolution No. (38), on 21/5/2019.

The document added: “The lack of an alternative text for this article by the House of Representatives, so any appointment of a member of the court has no basis in the constitution and the law, and what is issued by the court with the participation of retired judge Muhammad Rajab is legally null.”

Earlier, the independent deputy, Basem Khashan, warned that obstructing the work of the Federal Supreme Court would lead Iraq to fragmentation, the non-holding of elections in the future and the necessity of writing a new constitution.

Khashan said that “the depletion of the decisions of the Supreme Judicial Council regarding the disruption of the work of the Federal Supreme Court returns Iraq to the pre-Somalia stage, regardless of the correctness of the decisions of the two wings of the Federal Judicial Authority (the Federal Supreme Court and the Supreme Judicial Council), the results of the dispute may lead to the loss and fragmentation of Iraq.” .

Khashan added that “the lack of the authority to certify the election results, which is the Federal Supreme Court, means that early elections cannot be held before a court law is enacted.”

And he stated that “Article 130 of the Constitution does not allow legislation to replace an alternative to Article 3 of the law in effect for a court canceled by a judicial ruling that talks about the mechanism for nominating its judges, because any amendment to the court’s law must be subject to the provisions of Article 92 of the Constitution, and must be voted upon By a two-thirds majority, that is, at least 220 deputies. ”

He explained that “the law enacted by the House of Representatives must be in conformity with Article 92 of the Constitution.”

He pointed out that “holding periodic elections will be impossible due to the impossibility of legislating the Supreme Federal Court Law during the remainder of the life of the electoral cycle; And because the people will not accept that the current parliament takes up the legislation. ”

Khashan stressed that “the people’s demands regarding the amendment of the constitution begin with amending the text related to the Federal Supreme Court, which requires the presence of clerics in its membership, especially since the proposed law refers the selection of Islamic Sharia jurists to entities that have been implicated in corruption, Shiite and Sunni standing.”

Khashan noted that “the real loss of Iraq as a country begins after the end of the electoral cycle, where the authority that legislates the Federal and Supreme Court Law will be absent, and the absence of a court necessarily means that a new constitution must be written designating the authority to ratify the results of the first elections after this session.”