Legal: If Parliament does not give confidence to al-Zrafi, the powers of the Prime Minister will go to the President of the Republic
Legal: If Parliament does not give confidence to Al-Zrafi, the powers of the Prime Minister will go to the President of the Republic,
Baghdad / Al- Akhbariya:
The legal expert, Ali Al-Tamimi, confirmed on Wednesday that the failure of the Prime Minister-designate Adnan Al-Zorfi will lead to the transfer of the government’s powers to the President of the Republic, Barham Saleh directly.
Al-Tamimi said in a statement to “Al-Akhbariya” that “the text of the fifth paragraph of Article 76 of the Constitution stipulates that the President of the Republic be assigned another candidate when the ministry does not gain confidence … and before the President of the Republic made this assignment, which is the last in Article 76, the Federal Court sought the opinion of its opinion Concerning the largest bloc, does he adhere to the commissioning of its candidates, or is it free and unrestricted, and the Federal Court answered him by decision 29 of 2020 that he is free to choose and is not obligated to choose from the largest bloc, and he did so by any president of the republic by choosing the Zarfi who remained for him from the 30-day period granted to him by choosing the cabinet cabinet and preparing Curriculum a Ministerial 15 days.“
He added, “If Zarfi does not succeed in his 30-year mission or parliament does not give him confidence here, matters will go to Article 81 of the Constitution where the administration of the Council of Ministers moves to the President of the Republic in addition to his duties as President of the Republic and he has here according to this Article to assign another candidate, which is the opportunity beyond An opportunity where if this taxpayer fails to succeed, the President of the Republic will have the right to dissolve Parliament in accordance with Article 64 of the Constitution because he has combined the capacity of the President of the Republic and the ministers together. “
He continued, “The President of the Republic cannot withdraw the mandate from Adnan Al-Zorfi, but the constitution requires that the 30-day period granted to him be spent by choosing the cabinet, and if he fails or the parliament does not give him confidence, only here we can say that Al-Zrafi failed.” Source