From Debbie at The IQD Team Connection
JUST YESTERDAY ON THE CALL I WAS ASKING ANYONE TO PRODUCE THE TERM LIMITS LAW SO THAT WE MIGHT SEE THE PROVISION THAT SPOKE TO PARLIAMENT’S RESIGNATION OF MORE THAT 50% AND HOW IT WOULD IMPACT THE GOVERNMENT….AND WHALAAAAA HERE IT IS IN BLACK AND WHITE. IT IS EXACTLY AS I SAID IT WAS. NOW WE WAIT TO SEE WHAT BARZANI, ALLAWI, SADR AND THE NATIONAL ALLIANCE CAN ACCOMPLISH IN SADRS’ MEETING IN BAGHDAD TO DETERMINE THE METHOD TO FINALLY RID THEMSELVES OF MALIKI. KEEP IN MIND IT CAN’T GO TO THE OFFICIAL GAZETTE UNTIL IT IS RATIFIED BY THE PRESIDENT. SO OUR NEXT STEP IS TO LOOK FOR PRESSURE ON THE KURDS TO EITHER BRING TALABANI BACK OR HIS REPLACE HIM TO GET THIS LAW IN THE GAZETTE. WOW! THIS IS GREAT! MALIKI IS TOAST!
REDACTED IN ENGLISH
Pending resolution Maliki will essentially be cut off by the law passed by parliament, the Federal Court is half way toward depriving al-Maliki of the third term
Osama Mehdi / Elaph - 03/13/2013 - 8:41 pm | Hits: 2666
Iraqi Federal Court took steps toward depriving the prime minister of a third term, acknowledging the constitutionality of the law that was passed by the House of Representatives that states the President of the Republic the House Speaker and the Prime Minister can only serve two terms consecutively or staggered and that they would reject any appeal by Maliki's State Law coalition, and postponed a second request submitted by the prime minister.
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Baghdad announced the decision taken by the judges of the Federal Court as to the constitutionality of the law by the Iraqi Council of Representatives on January 26th that passed Term Limits of the 3 Executive leadership positions as having only two terms which deprives Maliki from running for a third term after the general elections coming in April.
In 2005 The Iraqi Constitution specifically defined and ratified President’s term to two, but Parliament did not offer the same details regarding the Prime Minister and the Speaker, prompting the members of Parliament to ratify a law defining Term Limits for all 3 in the Executive leadership to that of only 2 four year terms, by vote of 170 deputies of the total 325 members, against the objection of the Vice State of Law coalition led by al-Maliki, who rejected the law, stressing that the House of Representatives has no right to enact legislation until after the submission by the government.
The blocks justified and ratified the approval of the law by its intent as to not to create a new dictator through the dominance of one person or one party having power for long periods of time.
In return for the Court’s acceptance re: the law of mandates by parliament; State Law contested its passage by MP Khalid Al-Attiyah submitting an appeal to the Federal Court. This was supposed to keep the door open for consideration of a later contest by State Law pending its publication in the official Gazette, which would indicate acceptance of the legitimacy of the law for the U.S. It also would provide procedures within the Court that would allow for the possibility of acceptance of further appeal and overrule the Act of Parliament thus keeping the door open for a Maliki third term.
The Federal Court is headed by judge Medhat al-Mahmoud, who has been accused of politicization by the political forces by eliminating appeals in favor of Maliki. The Supreme Judicial Council last month decided to include Mahmoud as a former Baathist supporter of Saddam; he appealed the decision in court but then cancelled it, thereby eradicating the possibility of a return to his former post.
A source from the office of the Prime Minister said they tried to appeal the Term Limit Law to Federal Court based on article 72 of the Constitution that only determines the PRESIDENT’S term to 2- four year stints and may be re-elected for a second term but left out specifically mandating the same for the Prime Minister and the Speaker.
Maliki took office in 2006 and is presently serving his second term as of late 2010 while attempting to run for a third term after the general election expected in March of next year. THIS ANSWERS QUESTIONS AS TO THE TRANSITION FOR THE 2014 GOVERNMENT AS IT LOOKS LIKE MARCH IS THE TURNOVER DATE.
Maliki’s legal adviser, Fadel Mohammed Jawad, said the Term Limit amendment is contrary to the Constitution and three paragraphs are incompatible with provisions set out by the constitution which only specified mandates for the President, this is incompatible with the democratic Parliamentary system which does not allow further identification for the Prime Minister on the grounds that the people made the choice through elections, in addition the original vote on the proposal was a constitutional violation for not passing on the Prime Minister, as required by Federal Court decisions.
And Article 72 of the Constitution, mandates of the President to a four year terms and may be re-elected for a second term only, but did not have mandates for the P.M or Speaker determined. The law now stipulates the mandates for all Three Presidencies as Elaf news received the copy:
This is what was passed and approved by the House and approved by the President of the Republic based on the provisions of subsection (I) of Article (61) and Section III of Article (73) of the Constitution.
Issued the following law:
No. () for the year 2013
Law determines Term Limits for the President of the Republic, Speaker of the House of Representatives and the Prime Minister:
First: the President of the Republic's term expires at the end of the election cycle along the House that elected the President.
Second: It is not permitted for the same person to assume the position of President of the Republic for more than two consecutive or non-consecutive terms, whether by force or pursuant to this law.
Article 2 - First: The Speaker of the House of Representatives term expires at the end of the election cycle for the House of Representatives that was elected said Speaker.
Second: It is not permitted, any Speaker to serve more than two consecutive or non-consecutive terms, whether before the entry into force of this law or beyond.
Article 3 - First: The term of a Prime Minister expires at the end of the electoral cycle of the House of Representatives that elects the Prime Minister. (NOTICE HOW THEY USE THE TERM: “ELECTED,” NOTHING IN THIS NEW AMENDMENT SPEAKS OF NOMINATION…WHOOOO HOOOOOO MALIKI IS BEING CORALLED).
Second: - It is not permitted any Prime Minister to serve more than two consecutive or non-consecutive terms, whether by force or after this law.
Article 4 - The full term is identified for purposes of applying the provisions of this law, ends by exemption, resignation, by having confidence withdrawn or upon the dissolution of the House of Representatives. (THIS IS WHAT THE KURDS, IRAQI LIST AND SADRIST’S ARE DISCUSSING AS I TYPE THIS)
HERE IT IS!!!!!!!!!!
Article 5 - The Council of Ministers ARE CONSIDERED RESIGNED if a vacancy occurs of more than half of the positions in Parliament either resign or are dismissed, or have confidence withdrawn.
Article 6 - First: The Council of Ministers will establish a caretaker government in the following cases:
A - The end of the election session of the House of Representatives.
- The House of Representatives dissolves itself before the end of its campaign.
C - Resignation of the Council of Ministers or the President.
D - Withdrawing confidence from the Prime Minister.
Second: - The only task of the caretaker government is to normally run daily affairs.
Article 7 – This does not apply if the Prime Minister, after being questioned, and has confidence withdrawn from him even if within his first term of serving.
Article 8 - This law shall effective as of the date of its publication in the Official Gazette.
For the purpose of organizing the term of the President of the Republic and President of the House of Representatives and the President of the Council of Ministers and related provisions and their importance to the democratic structure of the state and sustain the peaceful transfer of authority initiated this law.
Maliki was elected prime minister for the first time in 2006 and re-elected in 2010 in inconclusive ballot that led to the formation of a government with fragile power-sharing between parties affiliated with Shiite, Sunni and Kurdish. Last year Maliki's opponents failed to vote of no confidence for the Prime Minister, whom they accuse of trying to usurp sole power.