Can Parliament intervene in al-Zaidi’s agreements with Washington? A legal expert explains.
The legal expert Ali al-Tamimi clarified on Thursday the extent to which the Iraqi Parliament can intervene in agreements signed by Prime Minister Ali al-Zubaidi during his visit to the United States.
Speaking to Al-Maalomah, al-Tamimi stated, “The Prime Minister has the authority to sign executive agreements, contracts, and memoranda of understanding, according to Article (2) of the Law on Concluding Agreements No. (35) of 2015, and all of them become effective immediately upon signing.”
He added, “Article Five of the aforementioned law designates the Prime Minister as the official representative of Iraq, a fact also confirmed by Article (78) of the Iraqi Constitution, as he is the direct executive responsible for the state’s general policy and the Commander-in-Chief of the Armed Forces, and he has the right to conclude these agreements, contracts, and memoranda of understanding.”
He explained that “there is no significant difference between a contract and an agreement in international law, because the essence lies in the intent and meaning, not the wording and structure. Both are binding on the parties, although an agreement is broader than a contract in terms of details, while a memorandum of understanding is not binding on the parties but rather constitutes a first step between them.”
He continued: “As for the treaty, the Prime Minister may initial it, after which it will be submitted to the Council of Representatives for ratification, in accordance with Article (61/Fourth) of the Constitution. The Prime Minister also has the authority to negotiate these treaties, based on Article (80/Sixth) of the Iraqi Constitution.”
He pointed out that “the ratification of treaties by the Council of Representatives is followed by their ratification by the President of the Republic, in accordance with Article (73/Second) of the Constitution. Parliament usually ratifies them by an absolute majority, with the exception of treaties that affect the fate of the state, which require the approval of two-thirds of the members of the Council of Representatives.
These include treaties related to war and peace, sovereignty, reconciliation, and accession to international agreements, as stipulated in Article (12) of the Law on Concluding Agreements No. (35) of 2015.” MiddleEast news
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