Tariq Harb reveals the legal requirements for (dismiss) the prime minister and the consequent effects


Wednesday , March 30 , 2016 - 09:37

He criticized the legal expert Tareq Harb calls by some divorce her to withdraw confidence from Abadi, the Iraqi prime minister

He told N. news reporting "some repeating, without knowing, especially on 29/03/2016 from some lawmakers that Parliament will resort to dismiss the prime minister without being aware that the constitution stipulated conditions for the withdrawal of confidence (impeachment) and arranged effects on the withdrawal of a large and serious confidence.

He said the war in "The Constitution was been passed to the prime minister and the parliament to sack the minister even though there was no particular reason behind the dismissal, in accordance with the provisions of Article 78 of the Constitution, which does not require a condition for the dismissal of the minister of the prime minister and parliamentary approval for dismissal be by simple majority, or more than half the number of attendees If the presence of 220 deputies, a number of members of parliament present in these days sessions, the approval of 110 members of the impeachment is the window against the minister as to the dismissal of the prime minister, adding that the constitution systems in Article (61 / VIII / b) did not decide impeachment as a measure taken by the parliament against the prime minister, but decided to withdraw confidence measure leads to an end to the ministry and the whole meaning of Prime Minister, passed the Constitution of the President of the republic may submit a request to parliament to withdraw confidence from the prime minister and the parliament to withdraw confidence from the prime minister, even if the president did not give it, provided that precede and ministers withdraw confidence interrogation, which is being handled by parliament and provided for a request for the questioning of five members of parliament any approval (66) as a deputy representing one-third of the members of the parliament's 328 deputies, "

Between the legal expert that the interrogation is charging a parliamentary somewhat resemble judicial accusation and the difference between them is that the impeachment followed by a withdrawal of confidence and the accusation of judicial followed by punishment must also be in the interrogation of questions that are forwarded and indicate places negligence and error, which occurred when the Prime Minister to identify and then be voted no-confidence if parliament was not satisfied with answers prime minister is required to withdraw confidence consent of a majority of the members of parliament, any approval of 165 deputies, at least considering that the number of members of Alpelman 328 deputies "

He continued the war and we have to note the difference between the sacking of the minister and dismiss the prime minister and the constitution determines that the ministry is considered resigned, the prime minister and all ministers, which requires the formation of a new ministry within thirty days, the ministry is the Ministry caretaker and for us to imagine the difficulty and complexity in the formation of a new ministry if we take the conditions The current conditions which are more complex conditions and the conditions of the formation of the previous ministries.

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