Bet on compensation for lost time
The new parliament
Dozens of competing issues on the agenda in parliament sessions and suggest if different from its predecessor. It seems as if Osama Najafi, which ended the election deadlocked for more than eight months, trying to make up for time lost amid controversy about his powers and the powers of deputies. What about the performance of the new parliament?
Space in a relatively short time, since Parliament resumed its sessions crowded dozens of projects on its agenda, as if a shift has occurred in the regulatory and legislative performance, although the hearings did not begin until three weeks ago.
And recorded by the observers that the President of the new parliament Osama Nujaifi tries to present himself as a statesman seriously, disdainful of political differences, and able to run meetings in a professional manner, and evidence that he called early to impose sanctions on the House of Representatives who abstain when participating in meetings, and insists on airing of these meetings the transfer of direct television, which triggered controversy on his approach.
It is known that the previous parliament has faced many criticisms of the nature of work and performance oversight and legislative recognition of MPs themselves, as it recorded its absences a banner between the MPs without any deterrent to stop the crisis, a lack of quorum as well as poor supervision and interrogated members of the Cabinet amid mutual accusations about politicizing it.
It was not surprising that the issue of rewriting the rules of procedure of Parliament on the priorities of the work schedule under the chairmanship of the new parliament Nujaifi. Since the first meeting was to vote on forming a parliamentary committee consisting of representatives of all the blocks to take it upon themselves to re-consider the rules of procedure and to benefit from the mistakes of the past.
As has been concluded that most of the issues raised from how the sessions and to hold absentee and re-consider how the formation of parliamentary committees and mechanism of action, as well as mechanisms to address the Government, except that the powers of the President of the Parliament acquired the bulk of the discussions.
The student coalition «Iraq» cancel the Presidency of the parliament and its powers limited to the President of Parliament, while the rejection of «National Alliance» that. The Federal Court has intervened in the debate to uphold the illegality of the existence of the Presidency and its powers limited to the President of Parliament, that there be a First Deputy and Deputy, who will second his powers in his absence exclusively.
Constitutional provisions
Under the permanent Iraqi constitution that the political system in the country’s parliamentary system derived by all the authorities and has a turnover of important (regulatory and legislative), it is the custodian of the Constitution, and Sergeant at different state institutions and the sight track, and a source of laws needed by the Iraqi state to attend and perform tasks.
In regard to the dispute being about the presence of President of the Parliament or the presidency does not make decisions on some issues, but consensus of the Presidency, decided the Federal Court this controversy on the basis of the articles of the Constitution, which defined the powers of the three presidencies, as were the texts of the Constitution confers powers the President of the Parliament and not assigned to the Presidency Parliament.
Have been resolved, the Federal Court in interpreting the absence of the Presidency of the parliament, but President of the Parliament, and pointed out that article (63) of the Constitution provides, first: The rights and privileges of the Speaker and his deputies and members of the Council, by law, and secondly: Paragraph (c) may not throw The member arrested outside the legislative term, unless he is accused of a felony, and with the consent of the President of the House of Representatives to lift his immunity or if caught red-handed in it.
In other words, the President cited the Constitution the word Parliament, not the Presidency of the parliament, but the rules of procedure approved by the previous parliament, headed by Mahmoud al-Mashhadani, was devoted offense seeks to correct the new parliament, and provides for the formation of the presidency of the President and his two deputies assigned to it powers.
Article IX of the Rules of Procedure of the Parliament of the former stipulates that the Presidency shall exercise the following tasks:
I: the organization of the agenda in coordination with the Chairman of the Committee concerned or their representatives from the committees of the meetings of the House of Representatives and distribution Alyaloeda and members of the Presidency Council and members of the Council of Ministers, with the listing of projects and proposed laws and reports designed for discussion, taking into account the priority inclusion of draft laws submitted by the government that ended the competent committees studied, as well as important current topics, and that at least two days before the convening of the meeting, unless the Constitution provides otherwise.
II: the ratification record of the previous meeting of the Council of Representatives.
III: Setting rules for organizing records.
IV: The decision on jurisdictional disputes between committees in relation to issues referred to it.
V.: Preparation of a Plan of Action of the Board and administrative formations belong to him, and follow-up implementation after approval.
VI: Adoption of the organizational structure of the Office of the Council and the amended policy and the financial administration and has briefed members of the Council to do so.
VII: the organization of the annual budget of the House of Representatives and presented to Council for approval and supervision of the implementation and conduct transfers between the doors.
VIII: assign a committee to study a particular subject.
IX: regulating the relations of the House of Representatives with the Council Presidency and the Council of Ministers and the judiciary.
X: The Council’s relationship with the organization of the legislative councils in the regions and governorates not organized councils in the provinces.
XI: the organization of the Council’s relations councils and parliaments of friendly countries and parliamentary unions to which it links.
XII:
Corresponds to the president with two deputies in the Presidency in the supervision and control over all officers and staff in the Office of the Council, in decision-making regarding recruitment and deployment abroad in order to achieve the principle of balance and equal opportunities for all Iraqis in the filling state jobs, and to take decisions on the increase, and the transfer of service, retirement, discipline and according to the laws window in the state, the command to be signed by the head of the Council or his representative in his absence.
In the absence of one of the members of the Presidency issued decisions Agreement members present.
XIII: naming two rapporteurs from among the members of the Council.
XIV: the decision-making related to sending members of the Presidency.
And members of the House of Representatives within and outside Iraq in consultation with the heads of parliamentary blocs.
XV: the supervision of the Presidency Research Service and to ensure impartiality.
Noted above that there are terms of reference material to be shared between the Presidency, which is required in some cases, obtaining a consensus between the president and his deputies out to pass and raise issues prepared for the talk, which was one of the main observations were recorded on the performance of the previous parliament, as has been disabled many of the issues or projects laws for the lack of consensus and unanimity among the members of the Presidency of the parliament.
And adds the rules of procedure of the previous parliament, in its article 33, which states that «the President of the Council is represented and speak in his name» and Article 34 specify the functions of head of the Council as follows:
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I: Work on the application of the Constitution and the laws and rules of procedure of the Council.
II: The Opening of the meetings of the Council and its presidency.
III: House of Representatives to call a special session.
IV: Request to extend legislative term for the Council of Representatives shall not exceed thirty days.
V: The management discussion and to maintain regularity, and to identify the subject of research, and draw the attention of the speaker’s commitment to the limits of the subject and the system has to explain or clarify any matter deemed ambiguous.
VI: Show the things that require a vote and announce the results.
VII: The Representation of the Council at national celebrations and other events and has authorized one of his deputies or other members.
VIII: To take the necessary measures to maintain security and order within the Council.
IX: the control and supervision of all officers and staff in the Office of the Council and the exercise of the powers given to him fully in this regard, consistent with Article 9 of the rules.
New Role
And the energetic start of the new parliament during the past three weeks and the outstanding attendance of most of its members and the intense agenda of bills and resolutions, are all positive signals to the return of the natural role of the legislative authority, is supposed to communicate these signals through the legislative session spanning the next four years. And challenges faced by the Council can be summarized by two basic components, the first an absence of opposition and the participation of all the blocks in the «government of national partnership», making it the House of Representatives a shadow of the government, as happened in most of the previous session, added to the power of the theory of harmony in the political blocs to pass bills The basic agreements.
It is clear from the discussions that took place to modify the rules of procedure it was focused on the need to strengthen the role of the Inter-Parliamentary sources say the committee charged with amending the rules of procedure, what signals to give Parliament, both legislative and supervisory role is new, reflected in the statements of many members of the committee, so that the amendments included materials for strengthening the role of the Council regulatory and legislative framework and its relationship to the government and how to address it, as well as modified by paragraphs on how to read and discuss the laws that come from the government and the presidency or parliament.
Some would say that it is not proper to keep the parliamentary action (legislative and regulatory) vested in Parliament alone, because the experience of parliamentary life of ancient contribute to building a social movement – a broad political train the masses on the practice of democracy, through the parliament itself, so the masses tool pressure to achieve democratic transformation by civil society institutions, and through popular referendums.
On the other hand, should benefit from the international legal expertise in the legislation, all under the supervision of specialists and the Constitutional Court with powers granted sufficient and independent in the adoption of appropriate treatments to face parliamentary experience in the country of the bumpers.
These proposals received in response began with the Iraqi political class against the backdrop of a bitter parliamentary experience has produced many of the negative phenomena and differences of political and constitutional crises.
