Clarification from Tariq Harb about the largest bloc and the selection of the next prime minister

Clarification from Tariq Harb about the largest bloc and the selection of the next prime minister

2021.10.11 – 10:41

Clarification from Tariq Harb about the largest bloc and the selection of the next prime ministerBaghdad – people

Legal expert, Tariq Harb, provided a brief explanation of the stages and steps that separate the political blocs from announcing the formation of the new government.

According to a briefing issued by Harb, followed by “Nass” (October 11, 2021), the next parliament will not face the problem of the largest bloc, which was resolved in the election law for the year 2020, which will grant the right to assign a prime minister to the bloc that the commission will announce winning the highest number of seats. And the latter will have to conclude alliances to ensure that the absolute majority vote for those present in the session to pass the government, such as obtaining 151 votes if the attendance is 300 deputies in the session.

Following is the briefing text.

1- After the Electoral Commission officially announces the electoral results, those who object to the results have three days from the day following the announcement of the results to challenge the results before the electoral judiciary.

2- The law gives the electoral judiciary seven days to issue a ruling on the appeal, and the decision of the judicial body will be final.

3- After completing the foregoing, the Commission shall present the electoral results in their modified form in accordance with the provisions of the Judicial Authority to the Federal Supreme Court, which certifies the final results of the elections. Usually, the approval process by the court takes about three days.

4- Within fifteen days of the approval of the results, the President of the Republic shall call the new House of Representatives to convene by presidential decree.

5- In the first session of the new parliament, the session is held under the chairmanship of the oldest member.

6- The first session of the Council of Representatives is dedicated to electing the Speaker and his two deputies, with the approval of an absolute majority of the number of Council members, that is, with the approval of more than half of the Council’s members. Since the number of Council members is 329, the approval of at least 165 deputies is required.

7- The first work done by the Council of Representatives after the election of the presidency of the Council, the Council opens the door for candidacy for the position of the President of the Republic, where the approval of two-thirds of the number of members of the Council is required in the first round, i.e. the approval of 210 deputies considering the number of members is 329. If none of the candidates obtained this, which is what happened in all The four electoral cycles, for Talabani, Masoom and the current president, when the candidates with the highest votes are in competition, and whoever gets the majority of votes in the second ballot, regardless of the number, is declared president.

8- The President of the Republic assigns the candidate of the most numerous parliamentary bloc to form the cabinet within fifteen days. This number, as announced by the Electoral Commission and ratified by the Supreme Court, and not the bloc that consists in the House of Representatives, because Article 45 prevents the transition between representatives, then coalitions begin to achieve the majority required to vote.

9- The majority required to approve the new cabinet is the absolute majority of the number of deputies present. If the number of deputies present is 300, then the approval of 151 is sufficient for the prime minister and ministers.