was unable to doctors, Iraqi President Jalal Talabani and Iraqi constitution during the past four months - a period illness President Talabani stroke - to provide a convincing explanation not to hand his health and the possibility of his return to practice his duties not to hand mechanisms replacement when my case «absence» and «vacancy» based on the permanent Iraqi constitution, which was enacted and voted on in 2005.
medically not yet submitted the medical committee supervised by a doctor Talabani your governor of Kirkuk Necmettin Abdul Karim final report on his health, except for statements spaced Abdul Karim message that President responding to treatment. But the absence of Talabani's 80-year-old came at a critical time from the date of the current political process in Iraq, where he was the obvious man made his mark. However, the continuation of this absence all this time without resolving so far has two explanations in Baghdad, one political and the other legal.
7 for interpreting political for this absence without resolving it according to says a member of the Iraqi parliament for a coalition of state law Izzat Shabandar in his statement «Middle East» the «What makes us stand for a no-brainer to replace President Jalal Talabani, until now, that is because first did not leave a vacuum. And bridge Shabandar, saying: «I mean constitutional emptiness here and not a political vacuum, as his deputy replaced. Shabandar strengthens his hypothesis political and not legal by saying that «the Kurdish party has not settled on a replacement candidate because of differences within the home and in particular Kurdish Patriotic Union of Kurdistan, although he was convinced that he did not like us there is an opportunity for the president to return to the actual place and to engage in work. He adds Shabandar that «it does not seem urgent while acknowledging that President Talabani has weight juristic We hope his return wreathed speedy recovery because he had played a role paternalistic and stop at the same distance from all parties», adding that «there are problems larger than the issue of replacing the president for any reason looks a key factor in not thinking so ».
7 But the Constitution another view entirely different for the presentation Shabandar politically, since he sees the legal expert Ibrahim Sumaidaie in his statement «Middle East» that «the Iraqi constitution and in more than substance of the articles and on what was in each the frequency and thinness select how to replace the President of the Republic, including the mechanism of office by his deputy ».
7 and added Sumaidaie that «the Iraqi constitution in article 75 c him select how of office by the Attorney in the cases of absenteeism and freedom», adding that «MP replace President in his absence for any reason, but this is linked to a period of time standing month becomes position later in the case of the vacancy is not the absence and then moves position the whole to the Parliament to elect a new president after a month, and since we now in the case of the vacancy is not absent because duration exceeded four months it is no longer possible according to the Iraqi constitution to continue position, however, Vice President noted that both the offices of President of the Republic and the Prime Minister are now, however, one party ».
7 and adds Sumaidaie that «as president in Iraq is vital and that is even before the adoption of the Constitution because the Constitution Iraqi built primarily on Management Act State ». Sumaida'ie believes that «Article 72 of the Iraqi Constitution refers to the election of the President of the Republic to complete the remaining mandate of the President and therefore we are now in the case of violation of the constitution because the President of the Republic does not apply absence, but freedom.
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