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The proper Constitutional Assignment

The proper Constitutional Assignment

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2021-05-08 13:35:00

On 9 April 2020, the President of the Republic issued decree number (12) which (assigned) according to it (the candidate of the parliamentary blocs) Mr. Mustafa Al-Khadimi to form the Council of Ministers according to the provisions of the article (76) of the Republic of Iraq Constitution for 2005. This (assignment) is meeting the provisions of the constitution which drew up by the above-mentioned article the steps which should be followed by the President of the Republic of (assigning) (the candidate) for the post of the Prime Minister, and the President of the Republic did well when he was keen to include the aforementioned decree the phrase (nomination of the parliamentary blocs) whom their representatives attended the ceremonies of (the assignment) to confirm the right of exclusive (nomination) of them, besides the national attendance for the rest of the representatives of the Iraqi people components. Definitely, these parliamentary involves among it the largest Council of Representatives bloc stipulated in paragraph (1st) of the article (76) of the constitution regardless of naming who is (largest Council of Representatives bloc) because the nomination of Mr. Al-Khadimi was made by all the parliamentary blocs who represent the largest component of the Iraqi community. Actually, this bloc is arising after the elections (largest Council of Representatives bloc) which will have the right of (nomination) stipulated in article (76) of the constitution. By this step, the constitutional mistake has been transgressed when (assigning) the apologized (candidate) Mr. Adnan Al-Zurfi according to decree number (11) on 16 March 2020. Whereas the President of the Republic at the time relied on the provisions of the paragraph (5th) of the article (76) without (the nomination) of the parliamentary bloc stipulated in the article (76) of the constitution. Therefore, the (assignment) of Mr. Mustafa Al-Khadimi according to decree number (12) issued on 9 April 2020 represent the recurrence to the proper constitutional path which should be followed in (assigning) (the candidate) to form the Council of Ministers according to the provisions of the article (76) of the Republic of Iraq constitution for 2005.       

 

 

Faiq Zidan

10 April 2020

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