28/12/2010Governor of compatibility or the Constitution?
محمد صادق جراد Muhammad Sadiq locust
In light of the delay experienced by the stage of forming the Iraqi government after the elections of March 2010 and generated a lot of initiatives and solutions to accelerate the process of formation, which set a record for the delay so as not to achieve any victory in the elections block positioned to form a majority government policy.
For this there were a number of proposals and ideas began to document the sharing of power put forward by the Americans in August, which states that given to the "Coordinating Council of the national policy strategy", a number of tasks, including review of decisions of security, military, and the movement of pieces of the army, as well as economic affairs and foreign policy , without contradiction and the powers of the three presidencies (the Republic, ministers, MPs). and will be responsible for reviewing, coordinating and providing advice and recommendations on the policies of the Government of Iraq's internal and external military and national security.
I have encountered this proposal rejection in the first instance but he returned to the fore and approved after changing the label to the (National Council for Policy Strategy High) and add some amendments contained in the initiative of Mr. Barzani, when he sat down politicians around the round table in an attempt to involve everyone in the Government of National Unity especially the big winning lists.
The agreement came the political forces to form this Council in order to overcome the crisis of the formation of the government and the pressures popular and external to these forces out of solution that satisfies all parties and ensure that no boycott of any party to the political process that requires at the present time and as many of the visions of national participation of all.
It seems that the political blocs have not resolved it finally emerged as today's disputes over executive powers to be given to this Council and the presidency compared to what you own presidencies other note that the presidencies of other possesses the powers granted to them under the articles of the constitution and not through political consensus and therefore, any diminution of these powers or to make amendments it must pass through the channels of constitutional amendments passed to the people for approval. . .
And it will be possible for those who reads the draft submitted to the bill of the new Council that there are significant conflicts between the powers of the Board and the powers of other presidencies, including the terms of the President, who refers Article (64) of the Iraqi Constitution 2005 and the respondent him by the Iraqi people that he would be responsible for ensuring compliance with the Constitution, and to strengthen its role in the organization of political life in the country. but we find that the role assigned to the new President of the Council mentioned in the draft.
Through our attempts to extrapolate the future of this matter, we find that political forces will be faced with two choices I have for this board a real equivalent to the powers of the presidency of the powers of the government and we will be here in front of a constitutional violation must treat it through the amendment of the Constitution and the recourse to a referendum again.
The second option is to take the legislative, executive and the judiciary play their natural role in the management of the country to the principle of separation of powers in accordance with the powers conferred upon it by the Iraqi Constitution in looking this Council, senior policy public in foreign affairs and energy and the economy, internal security and development strategies top of the country in various policies and works to coordinate and achieve the Agreement between the blocks on a single approach to be a common consensus through the gate of the National Council for the strategic policies.
In both cases, the new government will see a leaner new and significant increase in the number of ministries and positions and vice-presidencies and come this Council to increase the state of slack in Article II, paragraph II of the draft Iraqi List, The Council shall have full-time secretariat and the headquarters of the brigade presidential Like Balriasat three and paragraph III include: the budget of the Council "independent" like the three presidencies and the fourth paragraph of Article III of the Council include the possession of a panel of advisers like the prime minister.
Here we want to say that we were not forced all of this in light of the constitutional article gives us the right to form a Federal Council was possible to replace this Council and there would have been constitutional, backed by support and quality better than that based on consensus, which will probably be temporary and the cycle of parliamentary one. Where Article (62) of the Constitution, what comes up.
A legislative council called (the Federation Council) comprised of representatives of regions and governorates not organized in a region, regulates the composition, membership conditions and terms of reference, and everything related to it, the law enacted by two thirds of the members of the House of Representatives.
But it seems that the political consensus now governs the political scene more than anything else, and also appears we will not get rid of the need for such a consensus for a long time.
