The Federal Supreme Court issues a decision on the vote to dismiss the minister and appoint a replacement for him in a single decision

Baghdad / JAMC

 

The Federal Supreme Court issued a decision regarding the permissibility of a vote to dismiss a minister and to replace him with another in a single decision in the Council of Representatives, and an explanation of the reason for the dismissal.

 

Judge Abdul Sattar Bayraktar, the official spokesperson, said, "The Federal Supreme Court has received an explanatory request regarding the permissibility of the Council of Representatives to vote in a single decision issued by it to approve the dismissal of a minister at the same time by agreeing to appoint a replacement for him, and on the possibility of requiring an explanation of the reason for the dismissal or not."

 

Bayraktar added, "The court sees that Article 78 of the constitution has authorized the Prime Minister the right to dismiss the minister with the approval of the Council of Representatives," noting that "the text is absolute in exercising this right and it did not required to state the reasons."

 

He pointed out that "the decision confirmed that the Prime Minister, according to the constitutional text, is the direct executive responsible for the state's general policy."

 

Regarding a question about the permissibility of the Council of Representatives voting in a single decision that it issues to approve the dismissal of the concerned minister while at the same time agreeing to appoint a replacement for him, Bayraktar clarified that "the court, through reviewing the provisions of the constitution contained in this subject, did not see a text preventing this."

 

Bayraktar added, "The court stressed that the requirements for the smooth running of work in the Council of Ministers to implement the state's general policy require that, which is that the Council of Representatives decision to dismiss the concerned minister is coupled with the appointment of the replacement minister."

 

 

 

To view the decision, follow the link: http://iraqja.iq/krarat/2/2016/25_fed_2016.pdf