Legal Committee: extending the legislative term need for the parliamentary vote and the crisis does not justify the violation of the Constitution

Editor: AZ

05/18/2016 22:38

Long-Presse / Baghdad
Took advantage of the parliament speaker Salim al-Jubouri, "critical", the House of Representatives to stand against the recent decision to extend the legislative term, for fear of being accused of trying to get a "holiday", to announce it without legal or constitutional grounds, he says in what has become known as "the reform front" members.

On the other hand appear legal opinions, according to a parliament makers, offer the possibility of al-Jubouri, the decision to extend later to the House of Representatives, as long as it is a "public interest".

And it ended on Tuesday, the second legislative term of the second year for the House of Representatives, and was preceded by a call launched by President Fuad Masum, on Monday, for the extension of the legislative term.

The press office of the parliament speaker Salim al-statement, I followed (range), it is "based on the powers vested in the President of the House of Representatives based on Article 58 of the Constitution, it was decided to extend the current legislative term of the Council of Representatives."

He attributed Jubouri reasons to "the urgent need to complete the necessary reforms and legislation necessary in the interests of the nation's top".

Article (58 / II) on the following: "The extension of the legislative season for the Council of Representatives shall not exceed thirty days, to accomplish the tasks that require this, at the request of the President of the Republic or the Prime Minister or the President of the House of Representatives, or fifty members of the Council. ".

The above-mentioned article states the request of the presidents or 50 deputies, put to the vote before the parliament, the statement of the President of Parliament talked about the decision taken by the Presidency of the parliament without offering little demand.

The MP Salim Shawki, a member of the parliamentary legal committee, has confirmed (range), "The extension of the legislative term need full parliamentary vote quorum." As Parliament has been extended first legislative term late last year, through the "vote" of Representatives. It was at that time because of the arrival of the budget in 2015.

The retroactive parliament, since the storming by the supporters of the Sadrist movement, the end of last April, on the resumption of its meetings or achieve full quorum, with the continued refusal of the blocks and the requirement to return once again to attend the sessions.

Law or consensus?

The attention of the Attorney Alloizi Abdul Rahman, a member of "the reform front", "there are precedents in the political process, refers to bypass the law and the Constitution against the consensus."

It is noteworthy Alloizi, told the (range), "the appeal presented by the mass of the solution leader Jamal al-Karbouli, last year, in the first session of parliament, while the vote on the Vice Prime Minister."

He says that Alloizi "Karbouli confirmed not to get some deputy prime ministers the necessary votes, and decided to challenge it in court."

He said a member of the parliamentary legal committee, saying "the lawsuit ended when the consensus stepped on the line," pointing out that "the law does not allow the selection of the Vice-President of the Republic and one basket, but it has already happened in the first session of parliament."

He Alloizi "does not have a law that allows the minister to sign and vote for the two ministries, as being now in the Council of Ministers."

The Prime Minister Haider al-Abadi, at a hearing last week, had given himself and other two ministers, three ministries Management Agency to complete the quorum with 9 ministers were present session.

On the other hand showed pictures posted on the page Prime Minister on Facebook, the presence of only eight ministers, in the last session, with no immediate explanation from the government about how to complete the quorum, which requires the presence of 12 ministers out of 22 ministers.

How Jubouri himself?

And on the decision to extend the legislative term, MP Abdulrahman Alloizi explains that "al-Jubouri took advantage of not daring MPs to challenge the decision to extend legislative term, because it will accuse anyone who does it as trying to get a holiday, as the country undergoing political and security crises and economic do not allow deactivating or delay."

"Front of reform", which claims its members by it exceeded the threshold of 100 members of Parliament, says that "the Presidency can not be a substitute for the House of Representatives. Entitled to apply for the extension, but must vote the members of the House of Representatives, according to the constitution and rules of procedure."

Alloizi asserts that "al-Jubouri's decision worthless, and he wants to show his commitment to the political process." It is likely the legal committee member, said "things are going to request Alastnaiah sessions that are entitled to the three presidencies to call her, as happened in the invitation of the President of the Republic last month, which did not materialize due to a misunderstanding between the political parties."

And it differs from the usual special meeting, in that the last can not be met only to discuss the purpose of the invitation to it, and can not add any other topics for the agenda of the meeting, as is the case in the first session of the parliament.

Exceptional circumstances

It confirms Ibtisam al-Hilali, a member of the parliamentary legal committee, he said that "the decision of the Presidency to extend the legislative season came to the country's need to it," denying the existence of a "legal or constitutional confirms the possibility of extension without a vote of Representatives."

Hilali asserted, in connection with the (range), that "Iraq is going through an exceptional circumstance because of the security crisis, and the need to discuss the World Bank loan, so it had to extend the legislative term."

On the other hand, too, it emphasizes the MP said, "What happened to the uniqueness of the Presidency in the extension of the legislative term, happening for the first time in the parliament."

For the same reasons attribute Parliament rapporteur MP Imad Youkhana asylum Presidency to extend the legislative term for another month.
Youkhana says, in an interview with the (range), that "the views of some jurists in the House of Representatives goes to the ability to display a request for extension later on when the House of Representatives will hold a new session."

He noted the decision of Parliament that "the extension involves the public interest, but Aadhar any of the parties," adding that he "came after the request of the President of the Republic to extend legislative term, but not to go to parliament for a long holiday."

It was not possible to make sure there is a demand for the presidency extending the legislative term. Statement of the Presidency of the parliament did not mention the request of the Presidency in the extension decision.

The MP Imad Youkhana likely possibility that the parliament will reconvene next week, noted that "the damage to the main hall of the parliament did not fit yet, but Sharing sessions transfer to another room."

It was the Presidency of the Council of Representatives member Hamoudi revealed, recently, for the presidency of the Council are looking for an "alternative place" for holding parliamentary sessions.

Until then, it is still the Sadrist movement demanding presentation "Cabin technocrats" at once as a condition to attend parliamentary sessions.
While the forces of Kurdish unresolved returning to Baghdad's decision again, linking the coalition forces participating in the parliamentary session, several conditions, including delivery of the amounts withheld from employees for the displaced.

Besides, the sitters of Representatives, or what is still called the "Front of reform," Saleem al - Jubouri refuse to preside over a new session Wael blessing.