Lawyer: The House of Representatives Cannot Be Constitutionally Dissolved For These Reasons

Baghdad A specialized lawyer expressed a legal opinion on the constitutional dissolution of the parliament, after the leader of the Sadrist movement, Muqtada al-Sadr, called on the Supreme Judicial Council to issue a decision to dissolve parliament.

Lawyer Muhammad Majid Al-Saadi said, in a press statement today, Wednesday, that “there are constitutional obstacles preventing the dissolution of the House of Representatives. And they are specific and can never be exceeded by the text of Article 64 first, which states: “The House of Representatives is dissolved, by an absolute majority of its members, at the request of one-third of its members, or a request from the Prime Minister and with the approval of the President of the Republic, and the House of Representatives may not be dissolved during the period of questioning the Prime Minister. ”

He continued, “The house of Representatives cannot be dissolved at the request of the President of the Republic or the outgoing Prime Minister, as he is the head of a daily caretaker government,” according to the constitutional text.

He added, “The second obstacle is the Federal Supreme Court Decision No. 159 / Federal / 2021, which obligated (the necessity of legislative intervention by the next (current) Parliament to amend the Iraqi Parliament Elections Law No. 9 of 2020 and the adoption of a manual counting system instead of electronic counting, and the obligation to develop a new structure for the Independent High Electoral Commission to achieve complete independence for it.

Al-Saadi stressed, “On this basis, it will be impossible to constitutionally dissolve the parliament, since Article 94 of the 2005 Iraqi Constitution considers the decisions of the Federal Supreme Court to be final and binding on all authorities.”

Source: National Iraqi News Agency