KTFA: After Al-Kazemi’s threat..a legal expert clarifies the vacancy of the prime minister’s position
08/31/2022 12:28:07
A legal expert explained the mechanism of the vacancy of the position of the Prime Minister.
In the case of the conduct of daily affairs and so. And the caretaker prime minister, Mustafa Al-Kazemi, had threatened yesterday to leave the position and announce his vacancy at the appropriate time, according to Article 81 of the constitution, in the event that “continuing to provoke chaos, conflict, discord, strife, and failure to listen to the voice of reason” against the background of recent events and armed clashes in the region. green.
And the expert, Ali Al-Tamimi, said in a statement that {Euphrates News} received a copy of it: “Article 81 said first of the constitution that the president of the republic takes the position of the prime minister when the position becomes vacant for any reason, and the second paragraph of this article talks about the election of the new prime minister and the government of new with its ministers.
And he stated, “This cannot be applied to the case of the day-to-day affairs, meaning that the request for exemption submitted by the Prime Minister in the case of the conduct of daily affairs does not entail the exemption of the rest of the ministers, as in the request for exemption in the case of the full-fledged government to which the text contained in Article 76 of the Constitution is applied.
The Iraqi government because the daily affairs administration according to Article 64 II of the constitution is basically resigned, and it continues to handle daily matters until the formation of the new government as a result of the dissolution of Parliament. Therefore, what comes out in the event of a request for exemption from the Prime Minister is only the Prime Minister, and this does not apply to other ministers because The existence of the Constitutional League according to the full powers.
And Al-Tamimi continued, “In the event that Prime Minister Al-Kazemi submits a request for exemption, the President of the Republic will replace him to conduct daily affairs until the formation of the new government.”
He pointed out that “the Prime Minister submits a request for exemption to the President of the Republic in accordance with Article 18 of the Cabinet System 2 of 2019, and the Council of Ministers, if this occurs, continues under the chairmanship of the President of the Republic until the formation of the new government in accordance with Article 42 of the Cabinet System above.” LINK
Snippet from speech:
I say to my Iraqi people: Iraq is bigger than everyone, and there is no more important person, party or force than Iraq and Iraq’s interests.
I have served my people with honor and honesty, and I have never been a party or part of the problem, and I have been patient with all kinds of abuse, obstruction and war declared by all parties to weaken the state and its decision, blackmail it or minimize everything It was accomplished for electoral purposes, and for reasons that do not belong to the essence of Iraqi nationalism.
Nevertheless, I have not and will not give up my responsibility to my people, and any choice that serves the interests and security of Iraq, and achieves political agreement between the different powers, and I have been and continue to be in favor of the principle of peaceful rotation of power.
And I warn from here if they want to continue to provoke chaos, conflict, disagreement, rivalry, and not listen to the voice of reason, I will take my moral and national step by declaring the office vacant in due course, according to the article. 81 of the Constitution, holding them accountable to the Iraqis, and to history. ~ PM Kahdimi
Article 61
- The Prime Minister shall be delegated the necessary powers which enable
him to manage the affairs of the country during the period of the
declaration of war and the state of emergency. These powers shall be
regulated by a law in a way that does not contradict the Constitution
https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en
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MilitiaMan: Interesting that there is so many things converging at the same time.. Halbousi has not set an emergency session and now has called for a three day mourning for those killed the other day (sadly).
The court has postponed the case of dissolving the HOR until tomorrow, Thursday..
If Kahdimi steps down and the President steps into the position until there is formation of the new government he will have the necessary powers (“Full Powers” is mentioned nowhere in the constitution. “Necessary Powers”, is.) and it will be all constitutional.
Also, Iraq will be deemed stable and secure in the eyes of the Region and the World once done, imo.. SMH, we cannot make this up nor time it like this.
It is like a massive play underway and all the actors are playing parts very well on the global stage and evreyone is watching. lol ~ MM
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Al-Halbousi announces three days of mourning in Parliament LINK
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The Federal Court postpones hearing the lawsuit to dissolve Parliament
31st August, 2022
The Federal Court (the highest judicial authority in Iraq) decided to postpone consideration of the case for dissolving the House of Representatives until tomorrow, Thursday. LINK
