Zeidan: several constitutional violations have recently occurred

Shafaq News / The chairperson of the Supreme Judicial Council, Faiq Zeidan, revealed that keeping the incumbent President in office until the moment, and the Federal Supreme Court's decision regarding the blocking one-third, are clear constitutional violations. 

Zeidan said in an article today that Iraq is witnessing a clear violation of article (72/Second/B) of the constitution, stipulating that the president must remain in office until after the legislative elections, and a new President must be elected within thirty days from the first session of the new parliament.

He added that the normal process was not carried out due to differences between the Iraqi political parties, since the Federal Supreme Court issued a decision to extend the mandate of the incumbent President. 

Zeidan said that even though the Court's decision was necessary to avoid leaving the position of Presidency of the Republic unfilled, it was not enough as per the two-thirds majority requirement stipulated in Article (70/first) of the constitution regarding the quorum of the Presidential vote session, and the lack of a clear article determining a penalty for this violation. 

He added that the legal solution for the current situation is resorting to the amendment of the constitutional text in Article (64/First), which stipulates dissolving the Council of Representatives upon the decision of the Prime Minister and the approval of the President, provided that it does not coincide with the Prime Minister’s interrogation. In that case, according to Zeidan, balance can be achieved between the legislative and executive powers, since the Parliament will be able to withdraw confidence from the government, in case it violates the constitution.

Zeidan concluded by saying that the decision to dissolve the Parliament must be taken by the executive power, noting that it is allowed to appeal the decision in front of the Federal Supreme Court.