Law violation in parliament is a dangerous alarm
Reports 11:05 AM - 2023-05-23Monday's Parliament session.
The Kurdistan Parliament is one of the world's parliaments that passes laws. Nonetheless, the panic button is set off when the law is broken within a parliamentary building. If the Patriotic Union of Kurdistan (PUK) faction and the speaker had not intervened to prevent the legislation from being violated in the parliament, the Kurdistan Parliament would have a dark mark in its history.
A Void Claim Leads to a Void Conclusion
Dr. Yousif Goran, an expert in constitutional law, tweeted: "Attempts to reactivate the Kurdistan Elections and Referendum Commission unlawfully and contrary to parliamentary legitimacy are a great insult to the Region's legal and constitutional institutions and a dangerous game for the future of the Kurdistan political process and system because anything made from void will produce void."
The Speaker Maintained Peace
"The Kurdistan Parliament works according to the rules of procedure, and according to the rules, adding an item to the agenda of a session without notifying the members of parliament 24 hours before the session is illegal," Abbas Fatah, Deputy Chairman of the Legal Committee of the Kurdistan Parliament, told PUKMEDIA.
According to Fatah, to protect the peace in the Kurdistan Region from being disturbed and decisions being made in violation of the law, the parliament speaker exercised her absolute authority to adjourn the meeting.
The secretary of parliament is pleasing the KDP
The session was adjourned by the speaker of the parliament, and if another session was held after that, it was against the law.
"After the speaker of the Kurdistan Parliament closed the session, there was no session," Fatah said.
"So what the Kurdistan Democratic Party (KDP) faction claims that the commission has been reactivated is untrue, and Muna Kahveci proved that she does not represent the minorities and that she is only trying to please the KDP," he added.
"The PUK faction cares more about the Kurdistan Region situation than they do," he said, "and wishes that these national issues could be resolved peacefully rather than through scenarios, deception, and running away from the truth."
The parliamentary plot failed
What one party wanted to do today in the Kurdistan Parliament was a plot to mislead public opinion and disrupt Kurdistan's peace.
Legal advisor Dr. Chia Zangana told PUKMEDIA: "Today's session of the Kurdistan Parliament was not legal, and the speaker of parliament can use her powers under the rules of procedure to suspend the session because it has no legal basis." What happened today was a conspiracy against the PUK, which misled public opinion and disrupted Kurdistan's peace."
"Because today's session No. 4 of the Kurdistan Parliament was not legal, any decision issued in it has no legal basis, so the reactivation of the commission with an illegal decision is a legal crime," he stated.
The speaker's decision was legal
The decision to halt the session was made legally and with complete legitimacy in this regard, according to Dr. Zangana.
"The power used by Dr. Rewaz Faeq in the session was legal because she is the legitimate speaker of the parliament," he stated.
The Deputy Speaker has no authority
The deputy speaker has limited authority and cannot make decisions on behalf of the speaker, especially when the speaker is present in parliament.
Rozhan Hama Karim, a legal expert and member of the Kurdistan Parliament's Legal Committee, told PUKMEDIA: "The national agreement has been shattered, and a negative page between the Kurdistan Parliament parties has been opened by the illegal inclusion of the commission issue in the session."
She said: "The Deputy Speaker of the Kurdistan Parliament, Hemin Hawrami, has no authority to exercise the executive powers of the speaker when the speaker is present in the parliament: thus if he chose to exercise those powers, he has violated the law."
The speaker, deputy speaker, and the secretary of the parliament each have four different types of authority under the rules of procedure. The Speaker of the Parliament is given the executive power to start the sessions of the parliament and preside over, end and postpone, and establish the time of the sessions as per the third paragraph of Article 18 of the Rules of Procedure. Based on her authority, the speaker of the Kurdistan Parliament decided to end today's session and postpone it indefinitely.
Speaker Dr Faeq stated that the outcome of the session has no legal or procedural value after its adjournment, adding that according to paragraph (11) of Article 18, only the speaker of parliament has the authority to sign all documents of parliament, and this authority has not been transferred to anybody else.
Ziad Jabar, the leader of the PUK faction in the Kurdistan Parliament, stated at a news conference: "The KDP faction attempted to illegally pass the item, which they placed on the agenda yesterday in violation of the rules of procedure, but the PUK faction stood up against the illegal item and did not allow it to pass."
PUKMEDIA
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