Legal Regulations for the Vacancy of the Prime Minister in the Parliamentary System (Comparative Study of the Laws of Iraq, Lebanon and Germany)

The vacancy of the post of Prime Minister is the absence of the person in charge of this post as a result of facing any kind of obstacle that prevents him from performing his duties; Whether this is a real or legal obstacle and this emptiness occurs for any reason, including disability, death or travel.

Examining the issue of vacancy of the post of Prime Minister is one of the important studies because it deals with the most important legal position in the parliamentary system and this importance is not limited to the vacancy of the post of Prime Minister. The work of the executive apparatus has an impact that is reflected in the political, social and economic situation of the country, especially since the executive apparatus is closely related to the needs of society on a daily basis.

Therefore, in examining the subject of the research, we use an analytical approach to analyze those legal texts that have expressed the vacancy of the post of Prime Minister in the studied parliamentary systems; We also use a comparative approach to identify the similarities and differences of the comparable parliamentary systems in the legislature regarding the vacancy of the post of Prime Minister.

Parliamentary systems, including those under study, disagree on the reasons for holding office (whether permanent or temporary); Some of these systems cite some of the reasons and ignore others. The constitutions of Iraq and Germany are similar in that they do not specify the reasons for being unemployed exclusively, and are often used to indicate other reasons for being unemployed as provided for in the text of the Constitution. has not done. Unlike in Iraq and Germany, the Lebanese constitution does not provide for the prime minister to remain in office. None of the constitutions, including the constitutions of the countries under study, designate the competent authority responsible for declaring the status of unemployed, which often creates many inconsistencies in the interpretation of the reasons leading to unemployment.