28 فبراير، 2021

توضيح التكليف الدستوري الصحيح

11 شهر ago qistasnews

بتاريخ 9 نيسان 2020 اصدر السيد رئيس الجمهورية المرسوم الجمهوري رقم (12) الذي (كلف) بموجبه (المرشح من الكتل النيابية) السيد مصطفى الكاظمي بتشكيل مجلس الوزراء استناداً لاحكام المادة (76) من دستور جمهورية العراق لسنة 2005 وهذا (التكليف) متوافق مع احكام الدستور الذي رسم بموجب المادة المذكورة آنفًا الخطوات الواجب اتباعها من قبل السيد رئيس الجمهورية في (تكليف) (المرشح) لمنصب رئيس مجلس الوزراء, وحسناً فعل السيد رئيس الجمهورية عند حرصه على تضمين المرسوم المذكور عبارة (ترشيح الكتل النيابية ) والتي حضر ممثليها مراسم (التكليف) لتأكيد حق (الترشيح) الحصري لهم بموجب الورقة الموقعة من قبلهم وعلى ضوء ماورد فيها تم (التكليف) ، وقطعا ان هذه الكتل النيابية تضم بينها الكتلة النيابية الاكثر عدداً المنصوص عليها في الفقرة (اولاً) من المادة (76) من الدستور بصرف النظر عن تسمية من هي (الكتلة النيابية الاكثر عدداً)لان ورقة ترشيح السيد الكاظمي تم توقيعها من جميع الكتل النيابية الممثلة للمكون الاكثر عدداً في المجتمع العراقي والذي تنبثق منه واقعيا بعد الانتخابات (الكتلة النيابية الاكثر عدداً) صاحبة الحق الحصري في (الترشيح) المنصوص عليه في المادة (76) من الدستور , وبذلك تم تجاوز الخطأ الدستوري حين (تكليف) (المرشح) المعتذر السيد عدنان الزرفي بموجب المرسوم الجمهوري رقم (11) الصادر بتاريخ 16 آذار 2020 حيث استند السيد رئيس الجمهورية في حينه الى احكام الفقرة (خامساً) من المادة (76) بدون (ترشيح) تحريري وبأسم معين من الكتلة النيابية المنصوص عليها في المادة (76) من الدستور، لذا يعد (تكليف) السيد مصطفى الكاظمي بموجب المرسوم الجمهوري رقم (12) الصادر بتاريخ 9 نيسان 2020 عودة الى المسار الدستوري الصحيح الواجب اتباعه في (تكليف)(المرشح) بتشكيل مجلس الوزراء بحسب احكام المادة (76) من دستور جمهورية العراق لسنة 2005 .

فائق زيدان
10/ نيسان / 2020

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169 thoughts on “توضيح التكليف الدستوري الصحيح”

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