INA – BAGHDAD
First Deputy Speaker of Iraqi Parliament Hassan Karim Al-Kaabi announced that there are three points that are required for the President of the Republic to act as the Prime Minister in case he does not assign the candidate to form a government during the constitutional period.
Al-Kaabi said in a statement, “What is circulating in the media regarding the position of the President of the Republic as the Prime Minister in case he does not assign the candidate to form the government during the constitutional period, calls for the implementation of Article (81) of the constitution that the President of the Republic to be in the position of the Prime Minister when the position is vacant for any reason whatsoever:
1. The government remains in place with the current ministers, and the ruling or resignation does not apply to it. Rather, the person of the Prime Minister is replaced by another person, the President of the Republic.
2. The President of the Republic assumed the position of Prime Minister and exercised his powers without restriction, because of the frankness of the text of Article (81 / First) of the Constitution.
3. Considering the government as original, not a caretaker, and has full powers stipulated in the constitution.
Al-Kaabi explained in his statement that "the Prime Minister previously submitted his resignation, and that resignation was approved by the House of Representatives, which means that the government becomes a caretaker government, and that the saying that the Prime Minister is not fit to continue to head the government is going on for the ministers also because the responsibility of the government is collective.
"As it does not make sense for the President of the Republic to act as the Prime Minister in a government in which there are no ministers, and since clause (second) of Article (81) of the Constitution has obligated the President of the Republic in case of acting as Prime Minister to assign another candidate to form the cabinet during a period of no more than (15) days in accordance with the provisions of Article (76) of the Constitution, which is the same obligation incumbent on the President of the Republic in case of the resignation of the government.
Al-Kaabi continued, "If this period elapses without the performance of that mandate, this commitment will not be waived. We believe that all this requires the continuation of the Prime Minister to conduct business with a current government until the President of the Republic implements the constitutional obligation imposed on him constitutionally according to the principle of the continuation, nor in such a case, it is permissible for the President of the Republic to act as the Prime Minister, because we are not in the state of (vacancy of the position of Prime Minister)”