A legal expert explains the dissolution of Parliament and the transformation of the government into a caretaker
A legal expert explains the dissolution of Parliament and the transformation of the government into a caretaker
07-10-2021 11:05 AM
With the approach of the elections and when Parliament approved the dissolution of itself in its 46th session on 31-3-2021 starting from 7-10-2021,, and the government turned into a caretaker, legal expert Ali Al-Tamimi explained, to the Tigris, the legal interpretation of dissolving the House of Representatives and transforming the government into a caretaker Acts as my agencies:
1. The House of Representatives, in its 46th session, dated 3132021, approved the same dissolution based on the provisions of Article 64 of the Constitution and as of 7102021. Therefore, the Council of Ministers in this case is considered resigned and continues to manage daily affairs, in other words, the government turns into a caretaker government as of date The aforementioned.. 2. The constitutional and legal concept of the caretaker government. By conducting daily business, it is intended to take measures and decisions that are not subject to postponement that would lead to the continuation of the work of state institutions. Therefore:
A. It is not permissible to propose laws mentioned in Article 60 of the Constitution and Article 80. Second.
NS. It is not permissible to contract loans… or to recommend to the House of Representatives approval of the appointment of deputy ministers, ambassadors, and those
with special ranks, according to what is stated in Article 80 fifth..
c. It is not permissible to negotiate and sign international treaties and agreements, or to whomever is authorized by Article 80 VI
d. Not to enter into legal or contractual obligations or international agreements, not to make transfers in the budget … and not to cancel
or modify the legal positions of the state..
E. Not to delegate or grant powers or create administrative or other formations.
3. The constitutional adaptation of the functions of the President of the Republic after the ratification of the elections and the constitutional foundations for electing a President of the Republic:
a . The President of the Republic continues to exercise his duties until after the end of the elections, and the President of the Republic calls
the House of Representatives to convene by presidential decree within 15 days from the date of approval of the results of the new elections. Article 54
and Article 93 Seventh..
b. The President of the Republic will be elected within 30 days from the date of the first session of the Council and in accordance with the constitutional mechanism stipulated
in Article 70 of the Constitution..
4. Constitutional interpretation of Article 76 of the Constitution:
The President of the Republic assigns the candidate of the most numerous bloc to form the government within 15 days from the date of the election of the President of the Republic in accordance with Article 76 first. Nomination in accordance with Article 76 first, Article 76 third and Article 76 Fifth. As stated in Article 81 of the Constitution, reference is made to the authority of the President of the Republic to assign a candidate when the position of Prime Minister becomes vacant in accordance with the above article for another candidate within 15 days, according to the provisions of Article 76 of the Constitution, if the powers of the President of the Republic are assignment and not nomination and in accordance with the above constitutional texts..
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