In order to avoid recurrence of the Council ceased to convene .. war: it was necessar
In order to avoid recurrence of the Council ceased to convene .. war: it was necessary to edit the Council of Ministers at the meeting on 5/10
Dated: Thursday 05.12.2016 7:35
Follow-up / Iraq today
Legal expert Tariq Harb said he should have been in the Cabinet meeting on 05.10.2016, which occurred after the stop was necessary to exploit for an amendment to the rules of procedure of the Council of Ministers No. (8) for the year 2014,
so as not to be repeated situations Council has ceased to convene due lack of quorum is achieved or not to attend because of the new ministers for not carrying out their legal right,
He said the war "was necessary to draft amendment to Regulation No. preparation (8) for the year 2014, especially since the amendment of the rules go easy is the Council of Ministers just not the amendment needs to be approved by parliament or the approval of the Presidency,
and this is illustrated by Article 85 of the Constitution, and Article (40) of the rules of procedure, including the amendment to paragraph II of Article I of the system, which stipulated that the constitutional oath by ministers before the attendance and participation in the Council of Ministers, as happened on the day 10/5 meeting at which the new ministers did not attend.
And refers War "that this amendment is necessary to achieve the flexibility of the meetings of the Council and to facilitate the holding of these meetings including the amendment of the requirement to perform the constitutional oath set time for him it was a period of not more than six months be us in the constitutional history is an example on this matter so that the Royal Constitution of 1925 the requirement that the minister be a member of the legislature of ownership of any member of the House of Representatives or a member of the Senate, to be ended within six months, the minister did not succeed in the monarchy to the membership of the legislative authority within a period of six months,
he is obliged to resign the same thing it said about the constitutional oath requirement, it must be modified text so that required the minister to perform the constitutional oath during a period farthest six months van did not sworn in,
he needed to resign as during the previous period, ie during the six-month period, it shall exercise all the duties, functions and powers of his office as a minister,
including the authority attendance at cabinet meetings and vote on issues being discussed by the Council of any amendment to paragraph II of Article I of the system by adding the words
"that the minister needs to be sworn in six months otherwise, ie in the case of non-Todath sworn in in front of parliament during the period mentioned it upon submission his resignation. "
War also indicates that supports our view on that. "The article (76/4) and Article 79 of the Constitution Aammelta of gives him confidence in the House of Representatives treatment Minister and such material is used the term minister and this term arrange duties and functions and powers and functions even before the constitutional oath,
especially since Article 79, which stipulates Todath constitutional right not specify a time-bound as the ease and clear appear in the amendment when required material (40) for application of the (10) ministers just to make an adjustment and the approval of a majority of the number of attendees, and as the number of attendees in the 10/5 session (12) the approval of the minister (7) ministers sufficient to modify the system provides the flexibility to hold hearings and save us from your forms to hold the meetings that we have been through in the past few days. "