Parliament denies receiving the cancellation of the Vice-Presidents of the Republic, despite a government law passed in September

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11/28/2015 22:57
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[ltr] Long-Presse / Baghdad
Federal Court did not close, its response to appeal made by the president of a coalition united Osama Najafi's decision to dismiss him from the post of Vice President of the Republic, the door of the debate about the constitutionality of some of the reforms launched by Prime Minister Haider al-Abadi last August and received the vote of Parliament.


Najafi, according to members of the parliamentary legal committee, may re-appeal the government's decision once again to return to the office, provided that provided his capacity as Vice President of the Republic, which was canceled basis.


In turn, a member of the Legal Committee believes that the federal decision was "categorically", returned it legitimizes the Prime Minister's decision to abolish the post, but it does not eliminate the Vice President of the Republic Act.


Parliamentary Committee considers that the time is ripe for the Presidency of the Republic send a request to parliament to exempt former deputies of the president.


Legal Committee emphasizes ignorance of the fate of the law sent by the government to cancel a special law deputies President of the Republic.


According to the text of the court's decision, which was released last Tuesday, the court found that "the prosecutor appealed the House of Representatives adopted on 08.11.2015 the decision to ratify the Council of Ministers adopted on 9.8.2015 decision to cancel his client's position of Vice President Osama Najafi claiming breach the Constitution and the laws in force and to provide the conditions to challenge the unconstitutionality of the resolution, and asked in his lawsuit cancel and revoke the decision to abolish the post of Vice President of the Republic of his client. "


The court added that "It is note the case, we find that the plaintiff has established his case before this court as Vice President in addition to his job, as the third person the Prime Minister in addition to his job has canceled a position immediately endorsed the agent of the defendant in addition to his job."


Federal Court pointed out that "this cancellation did not comment on the House of Representatives authentication and implemented immediately, and it is the prosecutor may have functional called on the Council of Ministers' decision on 08.09.2015, so it is not valid before him in this case is not the defendant in addition to his job, not the person the third Prime Minister in addition to his job Balsafh which resided in the case cited by the prosecution in the request for the introduction of the third person Achtsamaa interference ".


He noted the court's response to the challenge Najafi decision that "the loss of this lawsuit legal corroboration of the point of the litigation shall be on a reimbursable basis, and therefore the referee decided to refund the plaintiff's claim Osama Abdul Aziz Najafi from the point of antagonism and loading expenses and attorneys' fees The agents of the defendant and the Under the third person in the amount of 100 thousand dinars." .


The Cabinet had voted in 11 of last August, agreeing to government reforms, which included the cancellation of a major positions of the Republic and the Vice-Minister pack.


For its part, says MP Ibtisam Hilali, a member of the parliamentary legal committee, that "the Federal Court found that the rivalry does not exist in the lawsuit filed by Najafi, because the latter lost his position."


She Hilali, in connection with the (range), "The House of Representatives voted last August, the government, which among other reforms, including the abolition of the three posts of Vice-President of the Republic, so this position was considered null and void."


And member of the Legal Committee suggest that "Najafi able to offer another lawsuit to the Administrative Court as an employee and not as a vice president essentially repealed."


It draws member of a coalition of state law that "Najafi is the only one who made suit challenged the decision of the prime minister," pointing out that "the rest of the Vice-Presidents of the Republic were waiting for the result of stab Najafi."


In the meantime, Vice President of the Legal Committee of counting that "the decision of the Federal conclusive and no room because Najafi reintroduced the case again."


MP Mohsen al-Sadoun confirmed, in an interview for the (long), that "the Federal Court confirmed the abolition of the posts of Vice President, but did not confirm the cancellation of the Vice President, who has prescribed the House of Representatives."


The Constitution provides in (Article 69 / II), that "the law shall regulate the provisions of the choice of one or more Deputy President of the Republic."


The House of Representatives passed a law in 2011 to regulate the work of the Vice President of the Republic.


According to the Law of the Vice President of the Republic, No. 1 of 2011 in force, the Vice-Presidents are either exemption request submitted by the President to the House of Representatives to exempt one of his deputies, or accountability to Parliament Vice-President and then a majority vote on his removal from office.


And the voice of the Council of Ministers, the middle of last September, the bill abolishing the posts of Vice-President of the Republic law and referred it to the parliament.


And he finds the legal committee member, said "the time is appropriate now, after that canceled the prime minister post of the Vice-President of the Federal Court received a lawsuit Najafi, the President shall submit a request to parliament to exempt three of his deputies, and asks three months after the nomination of one deputy to him in accordance with the Constitution."


On the other hand can result in a bill, in September the Council of Ministers announced, sending it to the parliament, to cancel or modify the law of the Vice-Presidents of the same act, which he will do the President.


But al-Sadoun said that "Parliament heard that the government sent a bill to parliament, but we have not received yet, but we do not know in the Legal Committee anything about him."


The attention of Deputy Vice Chairman of the Legal Committee that "the project vice president law is not the only one who was told he was sent to the parliament did not reach," he said, adding that "the judiciary also said that he had sent to the government of the judiciary law, and the government said it Arstlh to parliament, but did not reach Also".





Parliament denies receiving the cancellation of the Vice-Presidents of the Republic, despite a government law passed in September[/ltr]