The Federal Court's new interpretation of Article 76 will not resolve the current dispute over the formation of the next government, warns Iraqi MP
Saturday, July 17th 2010 11:54 AM
Duhok, July 17 (AKnews) – An Iraqi MP spoke today of the unlikelihood of the Al-Iraqya bloc, lead by former Prime Minister Iyad Allawi, accepting the Federal court's new interpretation of Article 76 of the Iraqi constitution.
The Federal Court's new interpretation of article 76 of the Iraqi Constitution issued last Sunday, states that "the largest bloc formed within parliament has the right to nominate a candidate for the Prime Minister's post."
Dr. Mahmoud Othman, Dr. Mahmoud OsmanSince the March 7 elections, politicians have been debating over which party is authorised to form the next government. While the Al-Iraqiya bloc confirms its right, based on Article 76 of the Constitution, the two Shiite alliances continue to assert their right based upon the interpretation of the Federal Court.
Earlier today, Mahmoud Othman, MP from the Kurdistan Alliance, said "Even if the Iraqi National Alliance (INA) composed of the State of Law and the Iraqi National Alliance, were able to accumulate enough votes for the Prime Minister's position, the al-Iraqiya bloc would not accept the new interpretation and would boycott the government", adding that "the new interpretation of the Federal Court does not solve the problem since al-Iraqiya will not recognize it."
Othman further commented on the ambiguity of Article 76, "Article 76 is unclear, and when we discussed this article in 2005, we did not feel any confusion because the Iraqi National bloc had at that time had 131 seats, and we in the Kurdistan Alliance had 53 seats and this was a vast difference, no party mentioned the issue of the largest bloc"
"Article 76 does not use the terms 'winning bloc' or 'elected bloc', instead we find the term "Parliamentary bloc" which can be interpreted in many different ways. Just as one person can interpret it as 'elected', another can say that it refers to a bloc formed in Parliament, therefore I believe that the Supreme Court has the right to interpret it this way." Othman declared.
Unable to offer any satisfactory solution to the dispute, Othman describes the situation as "terrible", adding that "Political consensus between the parties would be the solution, but each of the disputing blocs wants the Prime Minister's position."
When asked if the conflict over the nomination of the new Prime Minister is political, constitutional or sectarian Othman said: "It is not necessarily a sectarian struggle, although it includes all aspects, especially constitutional, because each bloc interprets the Constitution in its own way. The conflict is also political but I do not think that it is of sectarian nature but it's nature is sectarian and political."
The Iraqi parliamentary elections were held on March 7, and the results of the elections were announced on the 26th. The Iraqiya bloc, led by former Prime Minister Iyad Allawi, gained 91 seats, followed by the State of Law coalition, led by outgoing Prime Minister Nuri Al-Maliki with 89 seats, while the Iraqi National Alliance won 70 seats and the Kurdistan Alliance List came fourth, obtaining 43 seats.
The constitutional period specified for the selection of the President ended last Wednesday, after the deadline specified to choose the Speaker of Parliament that was scheduled 15 days after the first parliamentary meeting. On June 14, MPs swore their oaths after the announcement of the new legislative term, but the members of the executive authority (the President, Prime Minister and the Speaker of Parliament) remained un-named.
rn/ka (AKnews)
Saturday, July 17th 2010 11:54 AM
Duhok, July 17 (AKnews) – An Iraqi MP spoke today of the unlikelihood of the Al-Iraqya bloc, lead by former Prime Minister Iyad Allawi, accepting the Federal court's new interpretation of Article 76 of the Iraqi constitution.
The Federal Court's new interpretation of article 76 of the Iraqi Constitution issued last Sunday, states that "the largest bloc formed within parliament has the right to nominate a candidate for the Prime Minister's post."
Dr. Mahmoud Othman, Dr. Mahmoud OsmanSince the March 7 elections, politicians have been debating over which party is authorised to form the next government. While the Al-Iraqiya bloc confirms its right, based on Article 76 of the Constitution, the two Shiite alliances continue to assert their right based upon the interpretation of the Federal Court.
Earlier today, Mahmoud Othman, MP from the Kurdistan Alliance, said "Even if the Iraqi National Alliance (INA) composed of the State of Law and the Iraqi National Alliance, were able to accumulate enough votes for the Prime Minister's position, the al-Iraqiya bloc would not accept the new interpretation and would boycott the government", adding that "the new interpretation of the Federal Court does not solve the problem since al-Iraqiya will not recognize it."
Othman further commented on the ambiguity of Article 76, "Article 76 is unclear, and when we discussed this article in 2005, we did not feel any confusion because the Iraqi National bloc had at that time had 131 seats, and we in the Kurdistan Alliance had 53 seats and this was a vast difference, no party mentioned the issue of the largest bloc"
"Article 76 does not use the terms 'winning bloc' or 'elected bloc', instead we find the term "Parliamentary bloc" which can be interpreted in many different ways. Just as one person can interpret it as 'elected', another can say that it refers to a bloc formed in Parliament, therefore I believe that the Supreme Court has the right to interpret it this way." Othman declared.
Unable to offer any satisfactory solution to the dispute, Othman describes the situation as "terrible", adding that "Political consensus between the parties would be the solution, but each of the disputing blocs wants the Prime Minister's position."
When asked if the conflict over the nomination of the new Prime Minister is political, constitutional or sectarian Othman said: "It is not necessarily a sectarian struggle, although it includes all aspects, especially constitutional, because each bloc interprets the Constitution in its own way. The conflict is also political but I do not think that it is of sectarian nature but it's nature is sectarian and political."
The Iraqi parliamentary elections were held on March 7, and the results of the elections were announced on the 26th. The Iraqiya bloc, led by former Prime Minister Iyad Allawi, gained 91 seats, followed by the State of Law coalition, led by outgoing Prime Minister Nuri Al-Maliki with 89 seats, while the Iraqi National Alliance won 70 seats and the Kurdistan Alliance List came fourth, obtaining 43 seats.
The constitutional period specified for the selection of the President ended last Wednesday, after the deadline specified to choose the Speaker of Parliament that was scheduled 15 days after the first parliamentary meeting. On June 14, MPs swore their oaths after the announcement of the new legislative term, but the members of the executive authority (the President, Prime Minister and the Speaker of Parliament) remained un-named.
rn/ka (AKnews)