Legal Expert: The Prime Minister’s Power To Dismiss Any Minister Is Not Restricted To Specifying The Reasons

The legal expert, Ali Al-Tamimi, affirmed: The power of the Prime Minister to dismiss any minister is not restricted to specifying the reasons.

In a statement, he said: Article 76 of the Iraqi constitution stipulates: that the prime minister in charge of naming members of his cabinet within 30 days and presenting them to the House of Representatives for approval by an absolute majority… according to the conditions that must be met by a minister contained in Article 77 of the Constitution and Article 8 of the Elections Law Parliament 9 of 2020.

Al-Tamimi added: Article 78 of the constitution stipulates: The prime minister is the executive responsible for the general policy of the country and the commander-in-chief of the armed forces, and he has the right to dismiss the minister with the approval of Parliament.

He continued: We note that Article 78 differs in terms of validity from Article 80 Fifth of the Constitution with regard to the appointment of special grades, which necessitated that it be a proposal from the Council of Ministers and a vote by the House of Representatives, and I believe that this is related to the selection of ministers starting by the Prime Minister who is responsible for the results of the selection, success or failure. This is what is called the government program. The minister who fails to implement the government program is subject to dismissal from the prime minister.

Al-Tamimi said: Articles 15, 16, and 17 of Cabinet Regulation 2 of 2019 confirmed the powers of the prime minister to monitor the good performance of ministers and he has the right to dismiss them.

He pointed out: The political system in Iraq is parliamentary, and the powers of the prime minister are absolute, but quotas and consensual ties restricted it previously.

Al-Tamimi explained: It is a historic position that is calculated for the Prime Minister, Muhammad Al-Sudani in the advancement and wonderful progress in achieving the goals of the Iraqi people, who built great hopes on their successful steps and we are among their supporters.

Source: National Iraqi News Agency

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