MP Abdul-Hadi al-Hakim: re-President Fuad Masum, the draft national card for the Council of Representatives Law

2015-11-25 15:58:42 |

(Voice of Iraq) - Baghdad

Cross-member Council of Representatives, Dr. Abd al-Hadi al-Hakim for his objection to the action taken by the President of the Republic re-sender national card law of the House of Representatives after the vote by majority vote returned the measure constitutional violation of Mr. President of the Republic, noting at the same time his intention - whether the House of Representatives decided to return consider (paragraph (b) of Article 26 of the Act) - may provide a formula acceptable to the members of the House of Representatives, including deputies of religious minorities.

The following is a statement which Arshad al-Hakim, deputy to the proper legal director who can conduct toward the disputed paragraph, the text of the statement:

House of Representatives sent a bill to the national card, Mr. President of the Republic for approval after a vote in the House of Representatives by an absolute majority. But President infallible In a unique precedent request dated 11/17/2015 back the bill to the parliament to reconsider Article 26. In this context, said the official spokesman for the Presidency of the Republic said: "The infallible request to return the draft standard national law to the Council of the card House of Representatives to reconsider Article 26 of the law, "adding" This comes in response to a request from the sovereignty of a number of members of the House of Representatives, and representatives of a number of political blocs and religious components, social, civil and personalities. "
And in this regard we would like to clarify the following:

1. The re-infallible President of the law is not based on the basis of a constitutional or legal terms did not give the Iraqi constitution in 2005 to head the right of "veto" or veto laws, but that Article 73 - III of the Constitution painted the way for the legislation of laws, including laws are considered ratified automatically After the lapse of 15 days from the date of receipt of the presidency if it is ratified by the President during the said period will come, what constitutes a precedent indicate to overcome the spammers and powers drawn by the Constitution to the public authorities in the state, especially with paragraph III of Article 73 of the Constitution relating to the powers of the President of the Republic, where stipulates that: "endorsing and issuing laws enacted by the House of Representatives, and are considered ratified after fifteen days from the date of receipt."

2. The only legal way to reconsider Article 26 b is a constitutional challenge before the Supreme Federal Court to cancel this article through the rule unconstitutional, which is not out of the question in this case, or if the House of Representatives to amend (Article 26 b) After the publication of the law in Official Gazette through new legislation in accordance with the due process followed in such cases.

3. The text (Article 26) of this law underwent to accept most of the actress political blocs to segments of Iraqi society except for minorities, and voted by a large majority within the Council, so the disposal of the presidency is an obstacle not commensurate with its role as a guarantor preserves and protects the Constitution, in addition to being contrary to the constitutional division who swear by the president.

4. If the House of Representatives decided to amend (paragraph (b) of Article 26 of the national card law after its publication in the Official Gazette), I intend to provide formula (paragraph (b) of Article 26 of the Act) may be acceptable to members of the House of Representatives, including the Vice-respected religious minorities as I think.

The Information Office of the Vice-Hakim