Legal expert: It is impossible constitutionally exempt President of Republic 4/23
Legal expert: It is impossible constitutionally exempt President of the Republic
counting legal expert, exemption of the president according to the constitution as the "impossibility."
Tariq said the letter in a statement received by all of Iraq [where] a copy of it, "commenting on what was published by some media yesterday on the exemption of the president say that the (fear)Constitution grants the president immunity outweigh any other immunity scheduled in the Iraqi constitution and in many constitutions although the President of the Republic with the authority of ceremonial protocol because the system of government in accordance with the Constitution of the parliamentary system and not a presidential system , a Republican. "
He added," the Constitution stipulated that achieve three measures and pass three stages in the access to exempt the President and his sacking It is difficult to pass all of these stages or take hold one of these three actions mandated by the Constitution. "
and the war," these measures and the stages are voting on the accountability of parliament first and a ruling from the Federal Court a second and vote on the exemption Third that means the legislature agreement represented the House of Representatives and the judiciary actress Court Supreme Federal exemption and fire the head of the republic, not one of the power of these two authorities to exempt the President alone. "
He pointed out that" the item [a] paragraph VI of Article 61 of the Constitution decided the jurisdiction of the House of Representatives accountability President of the Republic based on a reasoned request by an absolute majority of the members of the House of Representatives ie there should be obvious reasons behind the demand accountability from the President and that the vote for 165 deputies to approve the accountability of the president on the grounds that this number represents a majority of the members of the parliament's 328 deputies. "
He continued, " the paragraph VI of Article 93 of the Constitution I decided that the Federal Supreme Court shall have jurisdiction in the accusations against the president of the Republic and this means the necessity to take proceedings before this court involving charges of the President of the Republic and holds court scrutiny of the charges and the Court a ruling authority in the accusations against either reject the accusations mentioned the lawsuit and thus is subject terminated despite of the previous vote. "
He stressed : " if the court accepted the charges , it has to make a judgment to condemn the president for committing the charges against him and in specific cases is the case of perjury First of case of violation of the Constitution Second and state treason Thirdly any should include one court ruling from the accusations against President of the Republic and the Constitution not only to vote and former ruling issued by the court, but requires item [b] of paragraph VI of Article 61 of the Constitution , the parliamentary vote by absolute majority of members , ie , the same number previously mentioned the support of the court 's decision and to exempt the president . If you do not get approval from the House of Representatives in this issue, the subject is terminated either if parliament voted this majority in support of the decision of the Federal Court, it includes the exemption of the president from office and dismissed him from the presidency. http://www.alliraqnews.com/modules/news/article.php?storyid=36216