The parliamentary decision to suspend the decisions of the caretaker government does not include all of them
12/21/2018

The contemporary constitutions contain some provisions that establish procedures and controls when they become a caretaker government.

The parliamentary system adopted by the Iraqi constitution for 2005 is characterized by the effective control role of the Council of Representatives over the executive branch.

In contrast, the ministry is obliged to suspend its normal operational work under the Constitution and the laws in force in two cases In the case of the expiration of its constitutional mandate and the end of political power, the first case is to resign after withdrawing confidence from the House of Representatives after raising political responsibility under Article (61 / VIII / C) of the Constitution,

The second case shall be at the end of the term of the electoral cycle of four calendar years under article 56 (I) of the constitution. The third case during the period of dissolution of the Council of Representatives under Article 64 / II of the Constitution. Everyday matters) in many places.

And the decision of the House of Representatives on 21/11/2018 included the suspension of the work of the decisions issued since the first of July 2018 to 24 October 2018.

"The parliamentary resolution that" the Prime Minister and members of his government to review the decisions issued and take the necessary, The provisions of the Constitution and the laws in force ", and the effects of this decision can be reflected in the balance of law as follows:

1. The conduct of the day-to-day operations of the Government shall be necessary in order to secure the necessary State requirements for the administration of State facilities and the continuous provision of services to the public.

The purpose of conducting daily affairs is the normal or ongoing work which is unavoidable in order to ensure the continuity of life in the ministries and departments of the state and its public facilities during the period between the date of the end of the constitutional work and the date of forming the new government. These decisions can not be annulled.

2 - The decision of the House of Representatives to cancel the decisions of the caretaker government did not differentiate between decisions that would entail financial or political obligations on the next government on a continuous basis, which would restrict its policy towards the implementation of its ministerial program.

Which may raise the responsibility of the government or the minister concerned in front of the House of Representatives.

This type of decision goes beyond the jurisdiction of the caretaker government and makes it characterized by the constitutional illegality of issuing it during the term of the government's mandate without having the confidence of the people's deputies.

3. Decisions by the government to appoint and exempt senior officials and special grades do not fall within the concept of daily affairs or interests. They do not fall within the scope of ensuring the continuity of the interests of the state and its institutions.

In this regard, the government can not make decisions to appoint people to important positions in the state's organizational structure in the absence of the House of Representatives' oversight, especially in the absence of a clear systematic approach to senior positions.


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