Friday, April 22, 2011

Maliki - Nujaifi: Mystery of the five laws

Five bills recently sparked controversy fire between the government and parliament. The government wants to wait and insist on the approval of Parliament, and expected to exacerbate the crisis in a critical period with the political process with the growing pressures of the street. Why this crisis at this very moment and what are its dimensions?

Controversy between the legislative and executive branches began with the parliament's declaration that the President had rejected a request made by Prime Minister Nuri al-Maliki to bring five bills are: «the law of the Integrity Commission and the Financial Inspection Office and the Supreme Judicial Council and the Federal Court, the inspectors of public» to the government to show the notes thereon and include pre-approval. The House of Representatives issued a statement of the rejection of President Osama Nujaifi government demand and said: The head of the parliament rejected «asked the Council of Ministers, stressing the determination on the approval of these laws as soon as possible to find the mechanisms and controls to eradicate corruption and fight against the corrupt and to ensure activation of the judiciary and the integrity and away from the any political influences, including the Iraqis achieve the hopes and aspirations in security and peace, stability and dignified life ».
Najafi also pointed out that the House of Representatives considered that the legislative and executive powers to the serious challenges require close ranks and unite efforts to end the suffering of the Iraqi people and provide all the requirements for life in a well-off to him, and strengthen the democratic experience, promising, in line with the demands of his sons, which they expressed in the demonstrations that swept Iraq and demanded the elimination of corruption and the corrupt, unemployment and the provision of food and services. And modern Nujaifi the reasons for the rejection of the request to wait and linking these reasons, the demands of the street reflects, according to many a sharp division between the presidencies of the Executive and legislative branches about how to manage the crisis experienced by the two institutions, in the wake of the demonstrations, as there are among the stakeholders believe in the row form of «race »Nujaifi between Maliki and the exchange of throwing the blame and responsibility for the implementation calls for the street to the other.
Says leader of the «Kurdistan Alliance» Mahmoud Othman said that the two parties trying to score points on each other in an attempt to escape from responsibility. He adds: that both parties (government and parliament), record the points, Sometimes government puts the ball in the court of Parliament and sometimes vice versa. He adds that the differences between the two sides (and Nujaifi Maliki) as well as observations and the many overlapping points in the laws that led to these proposals.
But turning the conflict into a personal or political difference between the Nujaifi, who belongs to «Iraq» and al-Maliki belongs to the «National Alliance» is subtracted in the search for the merits of the controversy between the authorities, especially with the parking «Sadrists» jointly with Maliki's coalition in the National Alliance, along with Prime Parliament not to respond to the request of the Government.
On this basis, specialists confirmed that the controversy was becoming authoritarian, rather than politically. Says Amir Kanani deputy «Liberal cluster» of the Sadrist movement: that the government request to postpone approval of draft laws, only wants to curtail the role of the House of Representatives. He adds: There is a consensus within the House of Representatives not to withdraw any law only after the approval of Parliament. He adds that «the members of Parliament agreed unanimously on the need not to be withdrawn laws proposed in the House of Representatives has not been refusing to show or observations thereon, and then returned to the government to make the required modifications, or withdrawal, and re-consideration. And about the motivation behind the government's call to wait in the legislation of these laws, see leadership in a cluster Liberal that «the government is trying to be is one of the proposed draft legislation and the initiative, and adds:« In such a case, the role of the House of Representatives reluctant to submit proposals for laws, as happened in the previous session when we asked to cancel the Ministry of Municipalities and autonomous provinces, on the Government submitted an appeal to the Federal Court overturned the law under which the proposal ».
Him in the frame indicates the decision of the Presidency of the Council of Representatives Mohamed Khaldi to the presence of a large number of broken laws from previous sessions, and confirms that the government's request to wait you do not want to endorse some of these laws or even executed if they were approved. He also points out that «the Council is the only legislator to these laws, and refused to wait here in the legislation of any law, especially those needed by the country». And motives «wait state» says Khalidi: «We are ready for any amendments and not to repeal or not be approved», points out that «the laws are usually subject during the second reading of the discussion and express their observations and therefore, the door will be open to amendments to it».
The indictment is not limited to the parliament because the government only plays when the same paper accuses the House of Representatives to block their work. According to the Minister of State, government spokesman Ali al-Dabbagh said the parliament does not want to assist the Government in legislation, but wanted to block the work only, and adds: five laws that we've asked postponement of corruption and aspects of other administrative, since the Parliament is the control of the government, he should give her space time enough to work and give them the requirements of this work. He continues: "The government wants to put the observations it deems appropriate to the laws of the laws implementing it.

In the assessment of the government concerned that the opinion is binding in accordance with the view of the Iraqi constitution and the rules of procedure of the Legislature and the executive. He says legal expert Tareq Harb said the Government's request to express an opinion on the issue of laws compatible with the rules of procedure and the Constitution and the decisions of the Federal Court. He adds: all matters relating to legislation must be in accordance with the logical sequence of powers, and this means that the bills be formulated either by government or by the parliamentary committee, to be presented to the government before the debate. Shows the war to the possibility of the parliament to accept the opinion of the Government's observations or reject, but to refer laws to the executive power is a must, and adds: What you're saying the government to Parliament is obliged to solicit the opinion of an issue.
And confirms the legal expert that «if ever Parliament to pass laws without reference to the government could lead to an appeal to the Federal Court, and thus bring it back (laws) by virtue of being unconstitutional, as happened with the laws of the Ministries of Municipalities and Labour and Social Affairs in the previous parliamentary session».
Many feel that the political representation of Like in the government and parliament, it can shorten the distance between the two parties, it is also the government can add their observations on the five laws through their representatives in the House of Representatives.
In contrast, there are those who say that «the observations of the political blocs, or House of Representatives can not make up for those observations that will be implemented laws that belong to the Government of the relevant authorities». He says MP «coalition rule of law» on the Keywords that «the dispute over the proposed five laws rather than in person as it reflects the government's desire to be a partner in the parliament out the final image of the laws in a manner devoid of gaps». Keywords and follow that «the laws that the government asked them pulled from the three proposals submitted by the law of Parliament, the government was not a partner in the formulation, and the government requests today to put the touches to it and will return them to the parliament to be discussed later.
On the other side that included the Government's observations on the five laws rather than return it to the Council of Ministers considered a member of the Legal Committee Naji bright and draws an appropriate solution that «the parliament met with the concerned authorities to clarify what you want and add it to the government projects». He adds: in terms of legal justice and the Supreme Federal Court, it has been hosting the relevant authorities by the Judicial Council to clarify her remarks and added », and projects drafted by the previous government was late and approval by the concerned parties in the Supreme Judicial Council. As for the other three laws relating to public officials and inspectors of integrity, the FSA, we are waiting for the Government's observations to be discussed and amended before approval. Naji believes that «the request of patient contrasts with the calls on the government to speed up the adoption of laws that need to eradicate corruption».
Political observers tend to briefly convinced that the continued division between the parliament and the government can lead to waste extra time of the supposed age of the Legislative Council for the current session, and thus to disrupt not in order, after you disable the long debates about a year because of the formation of the government. And confirms that what these people expect is the integration of the two authorities in this critical time to calm down the street, and the director through the recognition of everyone b «responsible solidarity» in correcting the mistakes of the past

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