Revealed a serious law almost "Down Iraq in the abyss"

Editorial date: 2019/1/26 10:39
Baghdad: A deputy praised the decision of the Federal Court to challenge the law of the so-called National Oil Company, which transfers the ownership of oil wealth of the Iraqi people to this company, "which was intended to be managed by the beneficiaries and corrupt."

Nassif said in a statement received by the agency {Euphrates News} a copy of it that "those who promoted this law is notorious during the previous parliamentary session have conducted a huge media campaign and published articles to inspire the Iraqi people that this law will make Iraq one of the richest countries."

"Some users have also exploited non-specialized deputies and are not aware of the oil field and made them support this suspicious law, which makes the oil wealth owned by this company, which has great powers and the chairman of its board of directors with a ministerial degree and competes with the prime minister."

"Although this law revealed the bad intentions of the people who promoted him and then disavowed him after the discovery of his truth, he revealed national figures attacked him and defended the right of the Iraqi people and filed a lawsuit to challenge, and then won the will of the Iraqi people when challenged by the Court We hope that the House of Representatives will remain vigilant against such conspiracies in the future and that it will not place its blind trust in people who are trying to persuade it to pass laws that conceal disasters against the Iraqi people. "

"The honorable patriots who attacked this law and filed a lawsuit against him deserve all respect and appreciation," she said.

The Federal Supreme Court, issued last Wednesday, a constitutional ruling on the appeals contained in articles in the law of the Iraqi National Oil Company No. 4 of 2018, where it ruled unconstitutional section of those materials, including the determination of the objectives of the company and the process of marketing oil.

For the text of the ruling in the appeal against the unconstitutionality of articles in the law of the National Oil Company ..

http://alforatnews.com/modules/news/article.php?storytopic=36&storyid=186199

The text of the Federal Court's appeal of articles in the law of the National Oil Company

Editorial date: 2019/1/23 12:20

The Federal Supreme Court issued a constitutional ruling on the appeals contained in articles in the law of the Iraqi National Oil Company No. (4) for the year 2018, which ruled unconstitutional section of those materials, including on the identification of the objectives of the company and the process of marketing oil.

"The Supreme Federal Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges and considered the appeals contained in the law of the Iraqi National Oil Company and issued a ruling on them."

Al-Samok added that "the court found that the constitutional articles that directly govern the subject of the case are: Article (5) of the Constitution, which stipulates" the sovereignty of the law and the people, the source of the authorities. "Article 61 (1) of the Constitution, (62 / II) of the Constitution, which provides for (the House of Representatives to move between the doors and chapters of the general budget and reduce the total amounts, and if necessary to propose to the Council of Ministers to increase the total amount of expenditure.

He added that "the articles according to the ruling of the Federal Supreme Court also includes Article (78) of the Constitution, which called on the Prime Minister the responsibility for the direct implementation of public policy of the state, and Article (80) of the Constitution, which in paragraphs (I and IV) the Council of Ministers the authority to plan and implement the policy And the general plans of the state and the preparation of the draft general budget and the final account and development plans.

He pointed out that "the court stated in its ruling Article (106) of the Constitution, which decided the existence of a public body to monitor the allocation of federal imports and justice, and Article 110 of the Constitution provided for the exclusive powers of the federal authorities, including the provision of paragraph (first) (Drafting the foreign economic and trade policy sovereign), and paragraph (III) of which stipulated (the drawing of fiscal and customs policy and issuance of currency and regulation of trade policy across the borders of the province and provinces in Iraq and the development of the general budget of the state and the formation of monetary policy and the establishment of the Central Bank and its administration).

The official said that "the court cited the article (111) of the Constitution, which decided that oil and gas is the property of the Iraqi people in all regions and provinces, and Article (112) of the Constitution, where paragraph (I) of them that the management of oil and gas extracted from The current fields are handled by the federal government with the governments of the provinces and producing provinces to distribute their imports in a fair manner commensurate with the distribution of population throughout the country taking into account the affected regions and those that were unfairly deprived by the former regime and then affected to ensure the balanced development of different regions of the country " .

He added that "the Court mentioned paragraph (II) of the same article provides for the validity of the federal government and the governments of regions and provinces producing together to draw strategic policies to develop the wealth of oil and gas, and Article (114) of the Constitution, which specialized in the statement of common competencies between the federal authorities and regional authorities, Development and general planning and the design and organization of the internal financial resources policy to ensure fair distribution. "

"The Supreme Federal Court found that the inclusion of any text in the law leads to the removal of jurisdiction of the exclusive federal authorities or joint competencies between them and the authorities of the provinces and provinces producing oil and gas is contrary to the provisions of the Constitution and the need to rule unconstitutional."

He went on to say, "The Federal Supreme Court and based on the above decided to rule on the unconstitutionality of the following articles:

Article (3) of the law, because the tasks carried out by its objectives are contrary to the provisions of Article (112) with its paragraphs (1) and (II) and Article (114) of the Constitution. The tasks mentioned in Article (3) The federal government with the governments of oil-producing provinces and provinces.

2 - Paragraph (III and V) of Article (4) of the law and as far as the process of marketing oil, as this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution.

Article (7 / I / 1) of the law, which stipulates that "the company shall be headed by an employee with the rank of minister ...", in contradiction to the provisions of Article 62 / II of the Constitution. .

Article (h) of paragraph (2) of Article (7) concerning the making of the oil company (somo) from the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) of the Constitution.

5- Article ( of the law which stipulates the functions of the Board of Directors and that the majority of these functions are the competencies of the federal government with the oil producing regions and governorates together on the basis of Articles (78), (80) and (112) of the Constitution.

Article (11) of the law, which stipulates (first: the company deducts an amount covering all investment and operational costs and not less than the average cost in all fields invested for each barrel of crude oil and gas produced plus a certain percentage of profit and this is determined by agreement between The Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance after the end of the financial year of the company and after the completion of the final accounts and ratification ) For its incompatibility with the provisions of Articles (78), (80), (111) and (112) of the Constitution.

Article (12) of the law, which showed the financial revenues of the company and its profits and distribution, in violation of the provisions of Articles (78), (80 / First and Second), (106), (111) and (112) of the Constitution.

Article (13 / second) of the law stipulates that "Excluding the incentives of the employees of the company from the provisions of the law of the salaries of state employees and the public sector No. 22 of 2008 and this shall be determined by a system issued by the Council of Ministers. II) of the Constitution where it included a financial burden not taken in the opinion of the Council of Ministers.

9- Article (16) of the law stipulated in paragraph (1) that the company and the companies owned by it shall be excluded from the Financial Management Law, the Public Companies Law, the Customs Law, the Foreigners Residence Law, the Law of Implementing Government Contracts, the Instructions to facilitate its implementation, Article (5) of the Constitution shall be issued by the Council of Ministers and at the suggestion of the Company to replace the exempted laws provided for in paragraph (1) of this article individually to guarantee the rights of the public treasury. That it is not permissible to annul the law of Ma Bin System or instructions.

10- Article (18 / VI) of the law which stipulates that "the company may contribute to the development of the agricultural, industrial and service sectors ...", in contradiction to the provisions of Articles (78) and (80) of the Constitution.

Al-Samok said that "the Federal Supreme Court decided to respond to the rest of the appeals contained in the consolidated cases mentioned above because they do not conflict with the provisions of the Constitution and with the general policy of the state provided for in Article 80 of the Constitution and because it came as a legislative option for the House of Representatives, (61 / I) of the Constitution. "

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