Baghdad: Legal Expert, Advisor Salem Hawas, stated that the Iraqi Constitution has settled the mechanism for selecting the President and Prime Minister with explicit provisions that do not include any quota system or binding agreement. Article (70) stipulates that the President of the Republic is elected by the Council of Representatives with a two-thirds majority, and Article (76) mandates that the candidate of the largest parliamentary bloc be tasked with forming the government.
According to National Iraqi News Agency, Advisor Hawas clarified that “the criterion is a constitutional numerical one, not a sectarian one, and that political customs in the distribution of positions do not constitute a binding rule.” He added, ‘The claim that the Kurds determine the Prime Minister or that the Shiites determine the President is a politically motivated, negotiating characterization with no constitutional basis, as this prerogative rests with the Council of Representatives, which represents the entire nation.’
He further stated, “The President is obligated to appoint the candidate of the largest bloc and does not have the freedom to choose outside of this framework. Conversely, the selection of the Prime Minister does not determine the identity of the President, as each position has its own independent constitutional process and boundaries.”
Hawas pointed out “the paradox of demanding that Iraqis be influenced by the installation of kings or presidents in other countries, even though those countries do not consult Iraqis on their sovereign affairs,” emphasizing that Article 1 stipulates that “the people are the source of authority within their national borders.”
Advisor Hawas concluded, ‘The selection of the President and the Prime Minister is an internal Iraqi matter to be decided according to the Constitution, and stability is achieved by respecting the text, not through fleeting agreements.’