URGENT The Federal Court issues a decision on the articles of the budget contested unconstitutional

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URGENT The Federal Court issues a decision on the articles of the budget contested unconstitutional

Post  Admin on Mon Aug 21, 2017 10:48 am


Date of release:: 2017/8/21 15:23

[Ayna-Baghdad]
The Federal Supreme Court on Monday issued a decision on the appeal against some articles of the federal budget law for the current year.

"The court held a hearing today under the chairmanship of Judge Medhat al-Mahmoud to consider the appeal of some articles of the Federal Budget Law No. 44 of 2017," said a statement by the Director of the Information Office of the Federal Supreme Court Ias Samok.

"The Court decided to rule on the unconstitutionality of articles [2 / I / F], [8 / V], [11 / III], [11 / V / C], [11 / V / D] [18], [26], [27 / A], [33 / I], [35 / A / B], [48 / II], [49], [56], [57] and [59].
He added that "the ruling on the unconstitutionality of these articles came because the House of Representatives has exceeded the competencies contained in Article [62] of the Constitution on the law of the budget and increased the burden on the draft submitted by the Council of Ministers without returning it."

"The Court has responded to the challenge for articles [11 / VI], [18 / C], [18 / D], [24 / C], [32 / V], [32 / V / , [47], [48], [53] the fact that the House of Representatives did not outline its powers regarding its legislation and did not impose financial burdens or increase the deficit.

Abizaid and Director of the Information Office that "the court responded to the third person is the head of the Independent Electoral Commission in addition to his function, which intervened in a stalemate regarding the unconstitutionality of Article [18 / e] of the budget law."

He pointed out that "the decision came in the light of the review of the contested material, the petition and its annexes and the pleadings of the plaintiff in addition to his job and third persons on their side and after returning to the report of the five experts unanimously issued and read the constitutional articles governing the subject of the dispute, particularly article [62] of the Constitution.

The director of the media office confirmed that "the court found after reviewing the report that it met the task assigned to the experts and the reason and reasoned and went to adopt a reason to judge the case based on the provisions of article [140] of the Evidence Act No. 107 of 1979, The articles of the constitution that pertain to the budget. "

The decision of the Federal Supreme Court regarding the contested articles of unconstitutionality:

1. In respect of the appeal contained in Article [2 / I / F] of the budget, which obligates the government to issue treasury bonds to pay the amounts due to the oil producing or natural gas provinces, which the Ministry of Finance estimated to be about [10] trillion dinars except interest. By the government and thus increase the deficit of the general budget and this text out of the provisions of Article [62 / II] of the Constitution because it was placed without reference to the Council of Ministers in that.

2 - With regard to the appeal contained in Article [8 / V] of the Budget Law, which includes the allocation of a proportion of the allocations of the federal ground forces of the Iraqi army and considered by this text of the security forces and not part of the ground forces in addition to the text did not restrict the number of Peshmerga forces and population ratios This is considered a departure from the provisions of Article [62 / II] of the Constitution, because it was drawn from the Council of Representatives without reference to the Council of Ministers in that.

3- Referring to the appeal contained in article [11 / III] of the Budget Law, which added the Ministries of Displacement, Migration and Electricity to the excluded entities from suspending the appointments by filling the vacant grades resulting from the movement of the owners which have not been allocated in the budget of 2017 To the Council of Ministers and that this violates the provisions of Article [62 / II] of the Constitution.



4. With regard to the appeal contained in Article [11 / V / C] of the budget, which allowed the ministries and other bodies to keep the vacant grades due to the movement of the owners that have not been allocated in the budget of 2017, resulting in the appointment of an increase in public expenditure in return for payment of salaries to those who occupy These grades, without reference to the Council of Ministers and that the development of this text constitutes a violation of the provisions of Article [62 / II] of the Constitution.



5. In the matter of the appeal contained in Article [11 / V / D] of the Budget Law, which limited the appointment in the grades in Table C to the Ministry of the Interior and the areas liberated from terrorism to its children, this restriction contradicts the principle of equality Opportunities between Iraqis, as stipulated in Articles 14 and 16 of the Constitution, and constitute a violation of them.

6 - With regard to the appeal contained in Article [12 / First] of the Budget Law, which lifted the ceiling of authorization issued by the Minister to the Governor after what was specified in the draft budget by [10] billion dinars, and that the Council of Representatives so [ie raising the ceiling] With the provisions of article [123] of the Constitution and Article [47] thereof, where the executive authority is competent to this procedure and is not competent legislative authority, and also contrary to the provisions of Article [62 / II] of the Constitution.



7 - With regard to the appeal contained in the text of Article [14 / V] of the Budget Law, which committed the ministries and authorities to the decision of the Council of Ministers No. [347] for the year 2015, which was not mentioned in the draft law and its inclusion in the Budget Law would bind the Council of Ministers to cancel or amend it depending on the circumstances that The Council of Representatives has violated the provision of this provision without referring to the Council of Ministers the principle of separation of powers provided for in Article [47] of the Constitution as well as its powers provided for in Article [62] of the Constitution.

8 - In response to the appeal contained in Article [18 / e] of the Budget Law, which authorized the Electoral Commission for elections to contract with the staff of the registration centers and the staff of the Political Parties and Organizations without the presence of allocations in the budget resulting in an increase of financial expenditures of the budget and without reference to the Council The Minister, the formulation of this provision constitutes a violation of the provisions of Article [62 / II] of the Constitution.

9. With regard to the appeal contained in Article [18 / F] of the Budget Law, which obligates the Pension Authority to pay pension benefits to all those who have been referred to retirement without [50] of the employees of the companies and the self-financed general directorates who receive a grant from the General Treasury The Ministry of Finance is obliged to pay their pension contributions to the Pension Fund. The advanced text is drawn from the Council of Representatives without reference to the Council of Ministers, although it arranges an increase in public expenditure and increases the fiscal deficit in the federal budget for 2017. Be challenged The constitutionality of the text finds its support in article 62 / second of the Constitution. This is what the experts have determined in their report in paragraph [12]. The intention, contrary to this, constitutes a violation of the provisions of Article 62 / II of the Constitution. However, [18 / f] of the Budget Law needs legal treatment from the government to those who were referred to retirement without his desire and without reaching the age of [50] of age and has a service not less than [15] years deprived of his salary and deprived of his pension pension contrary to what it stated Article [12 / III] of the Retirement Law No. (9) of 2014, which is still valid according to the provisions of Article [130] of the Constitution.

10- With regard to the appeal contained in Article [26] of the budget, which the House of Representatives added to the Ministry of Finance before issuing them for remittances or treasury bonds at the request of the Ministry of Oil to present this issue to the House of Representatives for approval, and find the Federal Supreme Court that this is a repetition For the ratification that was within the ratification of the budget as well as a delay in the issuance process and in violation of article [47] of the Constitution, which stipulates the separation of powers in terms of terms of reference.

11. In the appeal of article [27 / a] of the Budget Law, which added the need to direct official purchases to the domestic product, although these [domestic] products are 10% higher than the imported product, and although pride in the local product, To a deficit in the budget without reference to the Council of Ministers and this is contrary to the provisions of [62] of the Constitution.

12. In reference to article [33 / I] of the Budget Law, which provided for the reallocation of the amount deducted [3.8%] of the total salaries and allowances of state employees, the public sector and retirees, this means the repetition of the allocation leading to increased expenditure and financial deficit and that Constitutes a conflict with the provisions of Article [62] of the Constitution. This happened without reference to the Council of Ministers.
13. With regard to the appeal contained in Article [35 / A / B] of the Budget Law, which was distributed on the exemptions contained therein within the government project, and this arranged a reduction in budget revenues and an increase in deficit without reference to the Council of Ministers. Article [62 / II] of the Constitution.
In the matter of the appeal contained in Article [48 / II] of the Budget Law, which provides for a set-off between the debts of ministries and entities with the profits of the company, the distribution of petroleum products that belong to the Ministry of Finance and which constitute a resource in the payment of their financial obligations. Treasury imports constitute a burden on the budget and this without reference to the Council of Ministers contrary to the provisions of Article [62] of the Constitution.



15. In reference to Article 49 of the Budget Law, which abolished amounts allocated to the Ministry of Displacement and Migration and the establishment of a new expense, covering the fees and interest for real estate loans granted by the Land Bank to the citizens of some of the provinces that suffered damage due to terrorist acts and that this constitutes an outlet for the exit of budget funds. Is not in the government project, and it is necessary to fill the out of the allocations of the Ministry of Displacement and Migration of the Ministry of Finance because of the need for these amounts at the Ministry of Displacement and Migration, thus increasing the financial deficit and that was without reference to the Council of Ministers so the text contradicts the provisions of Text [62 \ II] of the Constitution.
16. With regard to the appeal contained in article 56 of the budget, which includes the allocation of part of the revenues of the border crossings to rehabilitate the infrastructure and the surrounding areas, and that these revenues are originally allocated to the budget of the public and taken part of it to another bank that constitutes a budget deficit and that is a violation of And that this happened without reference to the Council of Ministers and the development of this article there was a violation of Article [62 / II] of the Constitution.

17. With regard to the appeal contained in Article [57] of the Budget Law, which includes the amendment of the interest rate for loans granted by the Agricultural Bank to the peasants without reference to the Council of Ministers, it would reduce the revenues of the budget and constitutes a deficit, and this violates Article 62 / II of the Constitution.

18. In the matter of the appeal contained in Article 59 of the Budget Law, which involves the transfer of [220] billion dinars from the total of the Ministry of Finance and [50] billion dinars from the Ministry of Defense of the investment amount, this would delay the payment of the receivables of Basrah gas, Electricity, in addition to these transfers lead to a deficit in the allocations of armament to the Ministry of Defense to pay the amount of contracts amounting to [50] billion dinars, where the amounts can be offset by the addition of new amounts and this arranges new financial burdens on the Treasury contributes to the increase deficit and that these transfers The implications of which have been increased G in the budget without reference to the Council of Ministers contrary to the provisions of Article [62] of the Constitution.

19. With regard to the appeal provided for in Article 11 of the Budget Law, which provides for the renewal of contracts and the calculation of the retirement period for those who are permanently employed after 9/4/2003, for purposes of remuneration, promotion and retirement, the Court finds that the said text was drawn up by the House of Representatives What is stated in the previous budgets sets an increase in the amounts allocated which are calculated on the basis of a proportion of the salary without reference to the Council of Ministers in this increase and also arranges an increase in the share of the state of the pension stops and therefore it constitutes a violation of the provisions of Article 62 second of the Constitution, but the provision of unconstitutionality As requested by the prosecutor in addition to a job E will lead to a breach of the balance between the employees and the difference of their legal status for those who were proven during the implementation of previous financial budgets from 2015 and below and creates disparities in salaries and other rights for those who have the same specifications and conditions, so the request of the provision of unconstitutionality Article 11 VI contrary to the provisions of Articles [14] and [16] of the Constitution, which is equal among Iraqis and since these articles have been mentioned in the section on rights and freedoms and their contents are mentioned in the preamble of the Constitution, which should be applied to Article [62 / III] of the Constitution. The mat And has in the public service, and therefore we will be in front of articles opposed to the Constitution with one article, the Court overcame the application of articles on a single article.

20. With regard to the appeal contained in Article [18 / C] of the Budget Law, which includes the suspension of appointments in the three presidencies and the related parties, and preventing the transfer and placement thereof, the Federal Supreme Court finds that this article did not exceed the provisions of Article [62 / II] And reduce the disbursement of expenditures, it is known that the salaries of the three presidencies exceed the salaries of the rest of the staff.

21. With regard to the appeal contained in article [18 / d] of the Budget Law, which includes the granting of those who want university degree holders from the employees of the Ministry of the Interior to the ministries and departments other than the three presidencies, the Federal Supreme Court finds that this article did not exceed the provision of Article [62 / II] The constitution, because this transfer has been approved by the ministers or the two presidents concerned and not their disagreement, and that this will support the competencies in the ministries and official bodies to which these members are transferred, and that the text limited to the Ministry of Interior only and therefore does not arrange for an increase in expenses.

22. With regard to the appeal contained in Article [24 / C] of the budget, which includes granting the ministries and other authorities and provincial councils to impose new fees and services except for the sovereign fees and allocating a percentage of [50%] to the administrative units that have been collected, the Federal Supreme Court finds that this text does not arrange An increase in financial expenditures because the application of the grant of the ratio mentioned to the administrative units is obtained for the first time during the implementation of the budget of 2017 and this ratio is not within the resources of the budget when the budget, this text does not exist when the budget, so this text does not conflict with the provisions of Article [62 / II] of the Constitution.

23. With regard to the appeal contained in the text of article [32 / V / F] of the Budget Law, which obliges the Iraqi authorities to require that Iraq obtain its entitlements from the administrative posts in the Arab and international organizations in return for paying the financial obligations of these organizations, The House of Representatives in accordance with its legislative powers to preserve the rights of Iraq in the posts and administrative positions in those organizations and it does not conflict with the provisions of Article [62] of the Constitution.

24. With regard to the appeal contained in Article 32 / V / G of the Budget Law, which includes the request of the Ministry of Finance to study the feasibility of the contributions of the Iraqi Fund for Foreign Development in foreign companies and submit a report to the Council of Ministers to take the position in favor of Iraq, Iraq and does not conflict with Article 62 / II of the Constitution as a mere recommendation to the Council of Ministers.

25. With regard to the appeal contained in Article 47 of the Budget Law, which transfers the operational allocations of unions, clubs and unions, except international contributions and conferences to the Ministry of Labor and Social Affairs to prepare rehabilitation programs for the children of the affected areas, widows and orphans. This power of the House of Representatives does not contradict the provisions of Article [62 / II] of the Constitution and is consistent with the current circumstances of Iraq.
26 - In the appeal to the article [48 / I] of the budget law, which obliged the federal government, including the Ministry of Oil review the contracts of oil licensing rounds to amend the terms of those contracts in favor of Iraq, the Federal Supreme Court found that the status of this article came within the powers of the Legislative Council In contradiction with the provisions of Article [62 / II] and does not cost the government financial burdens outside the budget allocations.

27. In the matter of the appeal contained in Article 53 of the Budget Law, which includes the obligation to purchase medical supplies for the provision of treatment services to citizens instead of carrying money and hardships to travel outside Iraq, the Supreme Federal Court finds that the text of the appeal is within the jurisdiction of the Council of Representatives and does not conflict with the provisions of Article [ 62 / II] of the Constitution.

http://www.alliraqnews.com/modules/news/article.php?storyid=65140

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