Legal expert: the Constitution prevents Allawi to become prime minister because of hi

Quote:

Originally Posted by IcemanSC

Legal expert: the Constitution prevents Allawi to become prime minister because of his mother's Lebanese
قال الخبير القانوني طارق حرب إنه لا يمكن لرئيس الكتلة العراقية أياد علاوي ان يكون رئيسا للوزراء لأن امه لبنانية وهذا يتنافى مع الدستور. He said the legal expert Tareq war that can not block the Iraqi Prime Minister Iyad Allawi to be prime minister because his mother is Lebanese and this is incompatible with the Constitution.
وأوضح حرب أنه بحسب المادة 77 من الدستور يشترط بمن يتقلد منصبي رئيس الجمهورية ورئيس الوزراء ان يكون عراقيا بالولادة ومن ابوين عراقيين والابوين مصطلح للأب والأم، وبالتالي فلا يمكن ان يكون اياد علاوي رئيس الوزراء. The war that according to Article 77 of the Constitution requires those who held the posts of President and the Prime Minister to be an Iraqi by birth from Iraqi parents and parent term for the father and mother, and therefore can not be Prime Minister Iyad Allawi.

That's interesting because here is the text I found on Iraq's constition regarding this Article 77:

Article 77:

The Cabinet shall exercise the following powers:

First: Plan and execute the general policy and the general plans of the State and oversee the work of the ministries and departments not associated with a ministry.

Second: To propose bills.

Third: To issue rules, instructions and decisions for the purpose of implementing the law.

Fourth: To prepare the draft of the general budget, the closing account, and the development plans.

Fifth: To recommend to the Council of Representatives to approve the appointment of under secretaries, ambassadors, State senior officials, Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, Director of the National Intelligence Service, and heads of security institutions.

Sixth: To negotiate and sign international agreements and treaties or designate any person to do so.

Article 65 is closer to this but only specifies President, not PM:

Article 65:

A nominee to the Presidency must meet the following conditions:

A. Must be an Iraqi by birth, born to Iraqi parents.

B. Must be fully eligible and has completed forty years of age.

C. Must be of good reputation and political experience, and known for his integrity, righteousness, fairness and loyalty to the homeland.

D. Must not have been convicted of a crime involving moral turpitude.

There is this article which comes sort of close:

Article 74:

First: The conditions for assuming the post of the Prime Minister shall be the same as those for the President of the Republic, provided that he has completed thirty-five years of age and has a college degree or its equivalent.

Second: The conditions for assuming the post of Minister shall be the same as those for members of the Council of Representatives provided that he holds a college degree or its equivalent.

Since it says assuming the post, and not 'A Nominee' for the post this seems to be more if the PM is no longer capable of performing his duties for whatever reason, the person that 'assumes' the position must meet the same qualifications as the presidential nominee.