Iraq: Premiership Remains Vacant Sparking Constitutional Debate
Arab World
Baghdad - Fadhel al-Nashmi
Iraqi acting Prime Minister Adel Abdul Mahdi said Monday he was stepping down after the Prime Minister-designate Mohammed Allawi withdrew his candidacy Sunday accusing political parties of obstructing him from performing his duties. The vacancy and uncertainty sparked a constitutional debate with legal experts saying that President Barham Salih should not assume the duties of the Prime Minister based on Article 81 of the constitution. However, some judicial sources insist that the President is entitled to take over the vacant position. Judge and constitutional expert Rahim al-Akili said that the constitution addressed the vacancy of the premiership and presidency of the state in the same manner. Akili told Asharq Al-Awsat that regarding the position of the Prime Minister, the constitution determined that if it became vacant for whatever reasons, the President will take over, according to Article 81. Legal expert Tariq Harb believes that the constitutional conditions authorizing the President to exercise the powers of the Prime Minister have not been fulfilled. He stated in a press statement that there are two deputy prime ministers exercising the authority of the prime minister, and therefore there is no need to discuss Article 81 of the constitution. Harb said that Abdul Mahdi withdrew his resignation, which many jurists and observers reject, especially after it was signed and accepted by the parliament last December. However, the legal expert affirmed that there is no constitutional scope for the implementation of Article 81 because the condition contained in that article is not fulfilled because the Prime Minister withdrew his resignation on Monday. Harb believes that even with Abdul Mahdi’s resignation taking effect, his two deputies can “carry out the task of the Prime Minister in the event of his absence for any reason, including his resignation.” Meanwhile, legal parties challenge Harb’s dependence on the by-laws of the government, and believe that the priority is to implement the constitution, its provisions, and procedures relating to this issue.
from Asharq AL-awsat https://aawsat.com/english/home/article/2162126/iraq-premiership-remains-vacant-sparking-constitutional-debate
No comments:
Post a Comment