- number of readings 6705
- Section : Iraq
Baghdad/The Obelisk: The Legal Adviser to the Legislation Department in the House of Representatives, Ghazi Faisal, published, on Wednesday, February 9, 2022, a clarification regarding reopening the candidacy for the post of President of the Republic.
And Faisal said in his blog, which was followed by the obelisk, that “House of Representatives Resolution No. 4 of 2022 regarding re-nomination for the post of President of the Republic, in which it decided to re-nominate the nomination process for the position of President of the Republic once again, relying on the provisions of the Nomination Law for the Position of President of the Republic No. 8 of 2012, and regarding it. We make the following notes:
First: Article “3/first” of the aforementioned presidential nomination law stipulates that “those who wish to be nominated and who meet the legal conditions stipulated in Article 1 of the law shall submit their written requests accompanied by official documents proving the fulfillment of those conditions with their progress.” It is clear from the aforementioned text as the overnight sun that the set date is inevitable, as it is not extendable and may not be repeated again.
Second: There is no connection but rather a schizophrenia between the nomination process and the holding of the parliament session to elect the president of the republic, even if the first paved the way for the second. If the aforementioned session could not be held due to the lack of a quorum, which is expected, and because the period specified by the constitution is organizational and not inevitable, this does not affect the nomination process. It does not deprive the candidates who meet the legal requirements really.
Third: Since the decision of the Council of Representatives mentioned above is a legislative decision, it is acceptable to challenge it before the Federal Supreme Court based on the provisions of Article (93/Third) of the Constitution and Article (4/Third) of the amended Court Law for the year 2005 and its internal system, and a request to cancel it because it is bound by provisions the law”.
The legal advisor stressed that “what is required of the House of Representatives is to set a new date for the presidential election session so that the electoral process will take place among the candidates who have met the legal requirements so that the political process in the country is not disrupted and the rest of the constitutional institutions are formed as soon as possible, so the new parliamentary session will start.”