About the dismissal of al-Jubouri .. what happened on Thursday, a parliamentary remai
About the dismissal of al-Jubouri .. what happened on Thursday, a parliamentary remain suspended owed the coming days !!
Dated: 17/04/2016 Sunday 7:27
Tariq Harb - legal expert
What happened on Thursday, 14.4.2016 m in the parliament of the dismissal of the Presidium of the Parliament, and the appointment of the largest Lists are not as interim president of the parliament, remains suspended and suspended the quorum is achieved in the next parliamentary sessions, including yesterday's session - the 16.04.2016, the check quorum session on Saturday, which is the presence of 165 deputies.
Election of deputies to form a new president, is a complement to what happened on 14/4 and success for the dismissal of that I got, but if a quorum Parliamentary did not materialize, it will not be achieved Election of the Presidium of the new Parliament, and thus is considered as released on 14 / 0.4 if he did not, and we can say :
First - The parliament session on 14.04.2016, the constitutionality of a legal session, quorum is achieved where the presence of more than half of the members, and has been the dismissal of the Presidium of the parliament, and the dismissal of constitutional and parliamentary majority voting on dismissal, especially since it has been said that there are more than 170 MPs who attended the session, and the measure approved by the provisions of Article (11 / I) of the rules of procedure of the House of Representatives, and Article (12 / II) of the same system, and Article (59 / II) of the Constitution, it may be elected to the presidency of the new Parliament, and issue a decision to this effect parliament, other parliamentary such as resolutions that I mentioned constitutional article
Second: The dismissal of the Presidium of the parliament, the presidency of the parliament only, not from the membership of the parliament, and therefore the previous Presidency continue, as members of parliament
Third - It was a second list of cabinet reshuffle sent by the Prime Minister to the Parliament, which was different from the first list deposited by the prime minister to parliament, on 31/3, the main reason for what happened, and the meetings of the three presidencies and the heads of political blocs to twice presidency of the Republic, has significantly affected the parliamentarians and the cabinet reshuffle
Fourth - that what he had done Parliament on 14.04.2016 AD its majority, is considered a rebellion and disobedience of the deputies to the heads of political blocs, the first time you get in the history of the Iraqi parliament, particularly if the House of Representatives who committed this step, they belong to all the political blocs, including political blocs, which belongs to the parliament speaker and his deputies
Fifth - if this case is the second case in the history of the Iraqi parliament, clearing the President of the Parliament are held prior to the completion of its election campaign, and the term of four years, and the first case was a former speaker of parliament in its first session - Dr. Mahmoud al-Mashhadani, though al-Mashhadani, had assumed his resignation in while the head of the current parliament - Dr. Salim al-Jubouri, was dismissed
VI The Parliament implementation of the provisions of Article 55 of the Constitution, to elect a president and first deputy and a second deputy absolute majority of the members of the council .. any approval of 165 deputies, with a note that the article did not require the national affiliation, religious or sectarian or linguistic, this will be case is articulated situation in the success of what happened on 4/14, either to win the election and non-election either the consequent drop what happened on 14/4
VII noticed out functional machine of parliament from some advisers circuits parliament who came out for career impartiality, and distanced themselves from the provisions of their role, of offering advice to the parliament and parliamentarians, not the media's remarks, and the Parliamentary Counsel and the employee Parliamentary know the provisions of his job, a simple review of the provisions of the discipline of state employees Law No. (14) for the year 1991
8 - can take proceedings before a court of law, but it is not possible to ensure the win this lawsuit, The establishment of the state easy walking .. and judgment difficult Asir, because it is based on documents and evidence and the law and the Constitution