So That You Know: The Most Important Constitutional Articles For The Formation Of The Three Presidencies
So That You Know: The Most Important Constitutional Articles For The Formation Of The Three Presidencies
01/11/2022 | 2:30 PM
Qassem Al-Gharawi
Articles 55-56-76-77-93 of the Iraqi constitution include procedures for forming a government after elections.
The President of the Republic shall issue a republican decree inviting the House of Representatives to convene within fifteen days – not extendable – from the date of ratification of the results of the general elections by the Federal Supreme Court.
The eldest member presides over the session to elect the council president and his two deputies, in the first session by an absolute majority of the council members by direct secret election.
In the next step, Parliament elects a new President of the Republic by a two-thirds majority of the Representatives within thirty days of the first session, for the latter to assign the candidate of the most numerous parliamentary bloc to form the Council of Ministers within 15 days from the date of his election as President of the Republic.
After that, the designated candidate – the Prime Minister-designate – shall name his cabinet members within a period not exceeding 30 days starting from the date of the assignment. If the prime minister fails to form his government within the specified period, the President of the Republic will designate a new candidate to head the Council of Ministers within 15 days.
The Prime Minister-designate presents the names of his cabinet members, in addition to the ministerial curriculum, to the House of Representatives, and is considered to have obtained its confidence if he manages to obtain the approval of the Council on the ministers individually and the ministerial curriculum, by an absolute majority. task, within 15 days. With regard to the conditions required by the Prime Minister, Article 77 specified several conditions, including that he should have a university degree or its equivalent, and that he should be at least 35 years old.
The constitutional custom in Iraq has been that the President of the Republic assumes a Kurdish figure, the Prime Minister is for the Shiites, and the Presidency of the House of Representatives is for the Sunni Arabs. However, this must be within the political consensus, which means that the person nominated by the sect to occupy the position of one of the three presidencies is the most likely to obtain this position, and other sects do not have the option – except in a limited field – in choosing any personality they want among the other sects to occupy its share.
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