War: There is a difference between a vote on impeachment and the vote on the decision to cancel the dismissal


Dated: 04/20/2016 Wednesday 7:27

Follow-up / Iraq today
Legal expert Tareq Harb pointed out that the crisis is still ongoing, although the initiative of the President of the Republic Fuad Masum, and based on the powers contained in Article 58 of the Constitution when he said the war that "the right not to rely on this article because this Article shall apply during the holiday parliamentary and not during working hours of Parliament
It is not permissible to rely on the provisions of this article because the parliament is now in the second session be convened in the second legislative term and end a session of this legislative term ends this on 30.04.2016, where the parliamentary recess begins on 5.1.2016, it means that there are ( 11) days after the end of the chapter on circulation, including the parliament in session and the separation of registered demand of the President of the Republic parliament study this crisis, there is no need to use the authority established under Article 58 and that do not may be exercised during the session and separation. "
He said the war "and if he took the president exercise during the parliamentary recess on 05.01.2016 and will last until 07.31.2016, and this is clear from the president the authority contained in Article 58 and Article preceding her article (57) identified a session legislative chapter , ie, the jurisdiction shall be after the end of what is stated in Article 57, that is the end of the session and the separation so the article (58) authorized some quarters to call parliament to convene during the parliamentary recess and therefore, based on the statement of the presidency to the Article 58 of the Constitution away from the application the correct provisions of the Constitution, as President of the Republic does not need during the parliament time to the validity of that, but his demand in all times-time study any subject or issue a decision on it, and Article 58 speaks of extending the legislative term during the parliamentary recess and invite parliament to cut their vacation and convene a meeting for them to study the subject or take a particular decision and the hearing that get in do not always called an extraordinary session because the special meeting is to invite members of parliament to hold a session during their vacation. "
He concluded his talk of war by saying "important topic remains is whether the parliament will vote on the dismissal of Salim al-Jubouri? Or will vote on the cancellation of the previous decision of the private Balaqalh? .. So that the parliamentary vote on the dismissal means that Dr. Salim al-Jubouri, was still president of the parliament, given that the previous decision is unconstitutional and illegal but if the parliamentary vote to cancel the decision of dismissal of the former, it means that the constitutional and legal, especially as the constitution, the parliament gives the issue a new decision to cancel its previous decision authority dismissal and see that the second hypothesis, a study of the subject of the abolition of the previous resolution more acceptable between the parties of the proposed issuance resolution Balaqalh

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