16-02-2012 |(Voice of Iraq) - Baghdad | 15.02.2012
Paradoxically associated with the ongoing political process in Iraq that the two largest in the country, ie the parliament and government, are working without rules of procedure.
Prime Minister does not know precisely what his powers, nor the rest of the members of the government.
This is born of many political and legal disputes that are recognized by leaders and members of the blocks themselves.
For his part, Parliament has an internal system, but "semi-disabled," and is recognized by the House of Representatives who have been working for years and a half to issue a new one.
In a country with a young democracy and political situations and volatile, it becomes the rules of procedure in these institutions "great importance", according to legal expert Tareq Harb.
Government, according to the war, is currently working "without a legal cover", and its president, Nuri al-Maliki accused of some ministers and MPs to exceed the powers, and the same applies to the Parliament.
The importance of the rules of procedure in the fact that a set of laws and internal regulations to regulate the work of state institutions such as government, parliament, judiciary and others.
The text of its existence the permanent constitution, which passed with a majority of voices of Iraqis in 2005.
The Constitution explains the general conditions to be met with presidents and ministers and deputies.
But it does not enter into the details, and Article 51 provides that "The Council of Representatives shall establish its bylaws to regulate its work," the government singled out a substance similar bearing the number 85.
Ironically, all the political blocs are compatible in public on the need to formulate rules of procedure, but the practical application of Abu failure despite the passage of more than a year and a half on the legislative elections that took place in March 2010.
With respect to the rules of procedure of the Council of Ministers, announced close to the Prime Minister from time to time that the process of drafting and reached Juatimha.
This was confirmed again Fadel Jawad, government legal advisor who oversees the process of formulating the draft, in an interview with a brief to "talk".
In the past years appeared many voices complaining of "procrastination" in doing so.
Especially given that the political agreement under the auspices of Erbil Kurdistan Region President Masoud Barzani, and that led to the formation of the government, a guarantee of its provisions need to formulate regulations to those governing the powers of the Prime Minister and the Ministers and their agents, as well as the powers of the Commander in Chief of the Armed Forces.
Jawad Chancellor declined to specify the exact date of the issuance of the draft, and certainly only as "the product of ideas and proposals to the Prime Minister and his deputies, ministers, experts and advisers."
According to observers, this led to delays and problematic conflict of powers between the three Deputy Prime Ministers; Hussein al-Shahristani, deputy of the Energy Affairs, Saleh al-Mutlaq for construction and services, and Rose Nuri Shaways for Economic Affairs.
"The absence of rules of procedure to make the prime minister is the one who distributes the functions, roles and positions," says legal expert Tariq Harb, which is the cause of many crises, most recently those between Maliki and his deputy.
Mutlaq al-Maliki, who sacked him after a few weeks ago that he described as "destructive dictator," he said once when asked about the authority of his office and the tasks entrusted to him: "I do not know exactly my powers. Taken powers not given by al-Maliki."
In light of this uncertainty, it was not surprising to see a period of negotiations to form a government the end of 2010 claims from most of the blocks reduce the powers of the Prime Minister and Commander of the armed forces and distributed to the Minister, through the issuance of the interior, especially since al-Maliki holds most executive powers, military and security.
In relation to Parliament, the case is different.
There are rules of procedure adopted in 2006, but deputies Bdorth legislature that began in 2010 agree on the need to overturn or modify it at the very least, and deal with him as a "non-binding."
Among the most prominent dilemmas raised by the current law that makes the application contains irregularities and abide by the clear violation of the Constitution, and procedural difficulties in the implementation of some of its clauses.
According to experts, is the most prominent irregularities in the Constitution and Rules of Procedure recognize that the current number of deputies of 275, but the parliament has 325 deputies.
Which requires a constitutional amendment seems difficult to achieve, or modify the rules of procedure.
On the other hand, does not correspond to the method of forming committees with the currently approved as provided for in the rules of procedure.
According to the last, "each consisting of a standing committee of the number of members not less than seven and not more than fifteen members."
The number of certain committees, such as 6 members of the Committee on Women, Family, Children, and the number of other committees such as the deputies of the 18 committees of defense and security, and integrity.
In addition to these issues, and other disputes arise multiple interpretations concerning the powers of parliamentary committees before the presidency of the parliament and the responsibility in the management of the sessions.
And clearly, does not abide by the Speaker or his deputies in this system.
This is shown for example in relation to absences of Representatives.
The Council did not publish any absences of its members in a local newspaper for its meetings, and this is a clear violation of the provisions of Article 18 of the rules of procedure.
Parliament has already begun the process of adjustment for more than 13 months, and continues to check the law in the second reading, but not to vote on it today.
Vaketl despite political conformity on the need to amend it, they are divided on how to make this amendment.
He says MP Mohsen Saadoun, a member of the Legal Committee in charge of re-drafting of the rules of procedure in an interview to "talk" that the differences are limited to three essential points.
And clarity that "there is a dispute about the distribution of the powers of the presidency of the parliament between the president and his deputies, or restrict them in the President alone, and the other issue about how to manage sessions, and the latter are the powers of the committees or whether or not to monitor and host ministers and officials in the executive branch."
On the other hand, analysts attribute the absence of bylaws for both government and parliament to the rivalry between the prime minister and his opponents in parliament.
Maliki, according to them, seeking to increase his powers at the expense of Parliament, on the contrary, in the opinion of Parliament itself has been weakened significantly since Maliki took power, so that the proposal of laws is no longer in his hands.
Each faces internal opposition from both sides between ranks calculated by the party over the other, hampering the drafting of internal regulations.
Experts warn of intersections and the fighting continued on the powers that have become a feature of political life in Iraq.
Tariq Harb suggests that access to "full compatibility" in the absence of internal systems has become necessary to pass any resolution, "which prevents a lot of reforms," he said.