Wed Dec 8, 2021 20:22:39
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President's instruction to Ministry of Interior regarding the recent Guardian Council's resolution;

In candidates' registration, the existing laws must be the yardstick/ Requirements of the Ministry of Interior must be implemented within the framework of law, based on President's instructions

Following the notification of the decision of the Guardian Council regarding the qualification of candidates for registration in the presidential elections to the Ministry of Interior, the President instructed the Ministry of Interior to conduct the elections in accordance with the summary of the interpretations of the Presidential Department for Legal Affairs and in accordance with the existing laws.

news id: 121189 -

Mon 10 - May 2021 - 18:46

The summary of the Presidential Department for Legal Affairs has stipulated that "the Ministry of Interior is obliged to perform its executive duties in the field of presidential elections in accordance with existing laws and regulations and related regulations; and amendment to the legal regime applicable to elections without changing applicable laws are out of the question".

Following the recent notification of the Guardian Council's resolution to the Ministry of Interior, the Presidential Department for Legal Affairs provided its legal interpretation of the resolution in a 7-paragraph letter. The letter considers the Islamic Consultative Assembly (parliament) as the sole authority to set certain criteria or legislation according to Article 71 of the Constitution, and emphasises that even if a law is approved by the parliament, it is the President who should forward it for implementation.

The Presidential Department for Legal Affairs has stated that according to Sections 1 and 2 of Paragraph 10 of the general election policies announced by the Supreme Leader, the initial identification of candidates' abilities and competencies in the registration stage is allowed only through "appropriate legal procedures". In other words, in case of a gap and the necessity for determining the conditions, it should be foreseen in the act passed by the parliament and not any other resolution.

The Presidential Department for Legal Affairs has obliged the Ministry of Interior to perform its executive duties for the presidential elections in accordance with the existing laws and by-laws and relevant laws.

Following the announcement of the summary by the Presidential Department for Legal Affairs, the President instructed the Ministry of Interior to act in accordance with the summary. Dr Rouhani also reminded the Ministry of Interior that the requirements must be met within the framework of the law and notified by the President.

news id: 121189

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