The speaker and the opposition leader are ex-officio members of the seven-member Constitutional Council (CC), as per Article 149 of the Interim Constitution. [break]
A knowledgeable government source told Republica that the move has been taken as there is neither a speaker nor an opposition leader in the country at present.
"The speaker and the opposition leader will not be members under the proposed ordinance," said the source on condition of anonymity, adding, "The Constitutional Council cannot convene unless its structure is changed as there is now neither a speaker nor an opposition leader."
The ordinance has been readied at a time when the government is preparing to recommend to the president to remove constitutional difficulties by invoking his constitutional powers and pave the way for appointments to the constitutional bodies.
Invoking the constitutional powers of the president is the only alternative left for the government if the vacancies at constitutional bodies are to be filled in the absence of parliament. The existing constitutional provision requires appointees to constitutional bodies to face confirmation hearings in parliament, and so the absence of parliament has created a constitutional difficulty in making such appointments.
While most of the constitutional bodies are now without their heads, the terms of many members at such bodies are expiring in the coming months.
Another government source familiar with developments told Republica that this move cannot bear fruit unless the president agrees to remove the constitutional difficulties by exercising his powers. Article 158 of the Interim Constitution gives the head of state the power to take the necessary step if a difficulty arises in connection with implementation of the main law of the land.
Besides the speaker and the opposition leader, the chief justice and three ministers designated by the prime minister are members of the prime minister headed-body.
Automatic-promoted to be integrated in civil service
Meanwhile, the government is proposing to integrate all civil servants who were promoted automatically after 2006 with those who were promoted or joined the civil service through the regular process.
The proposal has been made with regard to the ordinance aimed at amending the Civil Service Act, according to a source at the Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs. The ordinance is one of four recommended by the cabinet early this week to the president for his approval.
A government secretary told Republica that the government has taken the move as civil servants promoted under Clause 24 (D) have not been given responsibilities matching their positions.
If the ordinance is approved by the president, the provision for automatic promotions will be omitted from the Act, said the secretary.
In addition, the ordinance proposes promotion of civil servants on the basis of seniority and performance and has reserved a quota of 35 percent for such promotions. Government sources said that this will be the first time reservations are being made for promotions in the bureaucracy.
´The existing law also has provisions for promotion on the basis of seniority and performance but it has no reservations for promotions," said a source at the Office of the Prime Minister and Council of Ministers.
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