Harb: A legal article that ended the controversy over the most numerous parliamentary bloc that makes up the government


 09/07/2021 

 913 

Baghdad / Al-Mawrid News

The legal expert, Tariq Harb, confirmed today, Tuesday, that Article 45 of the House of Representatives Elections Law No. 9 of 2020, which is applicable to the current elections, has ended the controversy over determining the most numerous parliamentary bloc  assigned by the President of the Republic to form the new government.

Harb said, it is as follows:-

1- This article prevented the transition and authorized the coalition, as the transition means an increase in the number of members of one of the blocs so that the number of its members exceeds the number of members of  the most numerous bloc according to the electoral lists received from the Supreme Court when the electoral results are approved, as happened in the 2010 elections, if Iyad Allawi’s bloc was 91 members, which is more numerous than the Maliki bloc, which was 89 members, but the failure to prevent the door to move between the deputies led to the transfer of more than twenty deputies to the Maliki bloc, so that it became more numerous than the Allawi bloc, so al-Maliki was assigned to form the government and this case, i.e. the transition, was prohibited by Article 45 of the law The current elections, therefore, will not happen in the case that happened in 2010 because it prevented the transfer of representatives, and therefore the blocs remain prepared as they were received after approval by the Supreme Court without any increase or decrease under the dome of Parliament through the transition.

2- The aforementioned Article (45) corresponds to Article (76) of the Constitution, as it specified the most numerous parliamentary bloc, which the President of the Republic must assign its candidate to form the government. Only one bloc is more numerous  after the ratification  and under the dome of Parliament as long as it prevented the transfer of deputies and thus the blocs remain prepared as they appeared in the electoral results and were ratified by the Supreme Court.

3- The aforementioned Article (45) prevented the transition and opened the door to the coalition, and this is correct. The transition means an increase in the number of the bloc’s members, but the coalition does not lead to an increase, and we also need the coalition to complete the required number of members, i.e. the majority of half to vote in favor of the parliamentary bloc’s most numerous candidate.

Harb indicated that the following example illustrates the situation:

For example, if the Sairoon bloc obtained (100) deputies according to the lists approved by the court, the number of Sairoon members cannot become more than (100), because Article (45) prevented the deputies from moving, but this article did not prevent the coalition with deputies or other blocs, in our example Sairoon needs to form a coalition with  (65) deputies in order to vote with him  to form the government, given that this number is more than half of the parliament’s members. Or an interpretation of the clarity of the aforementioned Article (45) and does not require an opinion or judgment from the Supreme Court, because it is easy to know the most numerous bloc.

Harb concluded by saying that, to complete the benefit, we shall quote the text of Article (45) of the House of Representatives Elections Law No. 9 of 2020: – It is not permissible for any deputy, party, or bloc registered within an open list that won the elections to move to a coalition, party, bloc, or other list until after Forming the government immediately after the elections, without prejudice to the right of open or individual lists before the elections are held from the coalition with other lists after the elections.

https://almawrid.news/contents/view/details?id=37829

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