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Legal Expert: The Interpretation of Article 72 Will Aim to Protect the Continuity of the State


Baghdad: Presidential candidate and legal expert, Counselor Salem Hawas, affirmed that a realistic reading of the trajectory of the Federal Supreme Court of Iraq in its previous interpretative rulings indicates its consistent tendency to avoid creating constitutional vacuums or disrupting state institutions.



According to National Iraqi News Agency, Hawas explained that Article 72 (Second/B) of the Constitution stipulates that the President of the Republic shall continue to exercise his duties until after the new Council of Representatives is elected and convenes, while obligating the Council to elect a new president within thirty days from the date of its first session.



He noted that the prevailing interpretation is likely to consider the thirty-day period as binding in principle; however, it would not automatically result in a vacancy of the office or invalidate procedures if quorum is not achieved. He pointed out that the Court generally interprets constitutional provisions in light of their spirit rather than their literal wording, in a manner that preserves the continuity of authorities and prevents a sovereign vacuum that could affect the legitimacy of subsequent constitutional entitlements, foremost among them the designation of a prime minister to form a government.



Hawas stressed that, in line with its established approach, the Court does not automatically nullify a sovereign office or declare a constitutional vacancy that would lead to a deeper crisis. Instead, it places responsibility on the Council of Representatives to complete the presidential election process and calls for consecutive sessions until the entitlement is resolved.



He concluded that the anticipated interpretation will most likely aim to safeguard state stability and politically obligate the Council to fulfill its constitutional duty without triggering constitutional collapse, in harmony with the Constitution’s philosophy of preserving public order.