The legal expert, Tariq Harb, said today, Saturday, that the constitution has tightened the measures that can be taken towards the President of the Republic.
Harb said in a statement received [where] a copy of it, “The position of the President of the Republic is ceremonial, ceremonial, as defined in Article 73 / IX of the Constitution, and with evidence that all the constitutions of the world give the President the right to choose the Prime Minister, and he left the approval of his ministry to Parliament, but our constitution violated that And the issue of choosing the prime minister left the parliament more precisely to the more numerous parliamentary bloc, and the constitution obliged the president of the republic with this option, as he was obliged to assign those nominated by this bloc to form the government.
He explained, “The issue of exempting the President of the Republic from Parliament must be preceded by a request specifying the reasons for this issue and the support of the absolute majority of the number of members of Parliament, that is, the approval of 165 deputies being the numerical majority of more than half the number of members.”
He pointed out that “the exemption of the President of the Republic from his post stipulates that the constitution (that the President of the Republic have committed one of the following acts is perjury in the constitutional oath, violation of the constitution, or high treachery), as (he must be convicted by the Federal Supreme Court in one of the cases, perjury in the constitutional oath or Violating the constitution or high treason). ”
He continued, “Parliament must vote by an absolute majority of the number of members, that is, to exempt the president from committing one of these acts and to issue a ruling condemning him from the Supreme Court. Then a vote by a majority of 165 deputies over half the number of members of parliament will exempt the president of the republic. Thus, the measures taken against the president of the republic are complex and long While the constitution did not tolerate measures against the prime minister, as it did not stipulate previous actions that are difficult to prove and did not require a return to the Federal Supreme Court.
He stressed that in the event of completion of the exemption procedures, the Vice President of the Republic shall replace him and where there is no deputy for him, the Speaker of the House of Representatives shall replace him, provided that Parliament takes over the election of a new president within thirty days of the vacancy of the position in accordance with Article 75 of the Constitution.
From alliraqnews.com
