The Iraqi government documents: constitutional violations reveal the budget of 2017

The Iraqi government documents: constitutional violations reveal the budget of 2017

March 18, 2017


Revealed Prime Minister Haider al-Abadi, the weekly press conference, on 14/03/2017, for lifting a case at the court of the Federal Supreme Ellatan provisions, Oumouad in the budget law Lsnh 2017, because of their prejudice to the lives of the citizens of Iraq, O_khasossa that the country is going through difficult circumstances of war and the displacement of financial crisis.

Abadi said that any modification or addition of new materials on the budget by the House of Representatives without a review of the government, is a violation of the law according to the Constitution.

It appeals Abbadi said to an error of Parliament, as has the redeployment of more than 50 billion Iraqi dinars from sensitive allocations to the account of the members of the House of Representatives; to cover differences in their salaries, and did not go to the needy or displaced people or the poor or building infrastructure, investment or health sector or education, but the salaries of his salary, stressing the right of the Council of Ministers the legal challenge before the Federal Court authorized to transfer.

He is also a mistake Commission transfers member of the Integrity Mishan al-Jubouri, in a televised interview, wondering about the reasons for her Abadi announced at this time.

As a member of the Finance Committee Magda Tamimi, she stated that "the House of Representatives during the discussion of the draft general financial budget for the current year law went towards the increase in the number of constitutional paragraphs, at the rate of half of the material sent by the government, and this is contrary to the Iraqi constitution," indicating that "the budget bill It represents a vision of the Iraqi government, and not brought to the attention of parliament. "

And the legal expert Tareq Harb that change some of the provisions of the budget law is a violation of the Constitution as stated in Article 62, which is in the House of Representatives authority and specify its validity and did not make it absolutely devoted this power did not make it public in ence contrasts with the budget for other laws. " As it is a constitutional violation, and gives the right to challenge the government before the Supreme Federal Court and gives the constitutional basis for this court not to abolish the heroes of the verdicts added by parliament on the budget law is not in accordance with provisions of article 13 of the Constitution as unconstitutional rulings.

The Abadi said that the voting members of the House of Representatives on the paragraphs challenged by not aware of most of the House of Representatives it was concealed in a professional manner, and only did not agree with them, calling for financial disclosure for officials and firmness in the follow-up to everyone according to the law, and the fight against corruption in all its forms and to go to the construction of the country.

The details of the case presented by the Abadi of the Federal Supreme Court to challenge some of the budget materials for the year 2017, and from the General Secretariat of the Council of Ministers represented by the Prime Minister / in addition to his / her agent Assistant Legal Adviser Haidar net on 06.02.2017 number 02/02/68 / 006 827, against the defendant: chairman of the House of Representatives / in addition to his job.

Has been the adoption of the general budget of the Federal Republic of Iraq, No. 44 of 2017, in the fronds of the Iraqi realities in the 4430 number in the 09/01/2017, as to ensure the inclusion of a number of materials were not in the draft law submitted to the Government, and that the inclusion of any modification of deleting and adding, means there are constitutional violations of both formal and substantive, constitutional judiciary in Iraq, the Council of Ministers decided to No. 30 of 2017 challenged some of the provisions and articles contained in the law for the following reasons:

Article 62 of the Constitution, passed the Council of transfers between the sections and chapters of the general budget and reduce the total exaggeration of Representatives, also passed when necessary, increase the amount of total expenditures, but that does not mean that bypass the executive branch, having proposed to the Council of Ministers, as responsible for the planning and implementation of public policy of the State.

Article 80 of the Constitution, concerned as it comes to substantive amendments to the draft submitted by the government, the text of the constitutional judiciary in many of its provisions, including the decision 25 / Federal Court / 2012, dated 22.10.2012, as the court ruled "no right to board MPs make substantial amendments to the budget submitted by the government project ", as well as resolution 21 / Federal / 2015 and Mouhdtha 29 / Federal / 2015, as he spent" the replacement of members of the House of Representatives Law No. 6/2006 is not the laws that affect the principle of separation of powers no financial implications added to the executive branch, and does not constitute in contrast with the general policy of the State, does not affect the public policy of the State, nor the judiciary or their independence, has its own legislation came directly competence inherent provided for in article 61 of the Constitution, and pursuant to the provisions of Article 49 / V , here is the violation "is not entitled to the Council of Representatives legislation of laws without reference to the government or modify the texts proposed by the Council of Ministers, if the consequent additional financial implications, or conflicted with the public policy of the state.

Here irregularities came to the Iraqi Council of Representatives constitutional provisions in the articles below we notice the following abuses:

- Article 2 / I / and: Recalling the producing provinces specialties, 5% of the crude oil revenues, or 5% of refined oil revenues, or 5% of the natural gas revenues, to choose one of those revenues, provided that the allocation of 500 billion dinars Iraqi important projects for the province, and the Ministry of Finance to issue treasury bonds to pay off the rest of the amounts mentioned in the case did not cover allocated to the province amounts, and by exporting through the Ministry of oil quantities (SOMO) company or any other mechanism, the amounts that should be the Ministry of Finance issued treasury bonds to pay those dues so big that it will not be viable to buy, and return mentioned the percentage of the said law is not possible in light of the deterioration of oil prices, and on the other hand; the Supreme Audit has not any investigations required to see the provinces entitlement, so that the Ministry of Finance duty and the issuance of the Treasury paid bonds.
- Article 8 / V: no mention of the near or far to the Ministry of Peshmerga, as it has to add the words (to ensure that salaries of the Peshmerga), adopted in the government project in Article 9 / V / which provides for the allocation of a percentage of the federal ground forces allocations for the army to the Peshmerga forces text instead according to population ratios as part of the Iraqi security system, as was the deletion of the words (percentage of population) and as the Peshmerga part of the security system, the text became incompatible with the first item of Article 9 / which states that the Iraqi armed forces and security services of the components of the Iraqi people.

- Article 11 / III / Vtdment in addition to the two ministries are excluded from the ministries which appointments of Displacement and Migration, leading to the expansion of public expenditure and this is contrary to the provisions of Article 62 / II of the Constitution.

- Article 11 / V / under which rotate the vacant posts within the angel movement, as the appointment shall be allocated to the Ministry of the Interior of the liberated areas of terrorism grades, and this is contrary to the principle of equal opportunities passed by the Constitution in Article 16 and Article 23, which guaranteed the right to work for all Iraqis sons conservative exclusively, which creates financial implications for the government is unable to bear within the financial crisis.

- Article 11 / VI: This article allows the calculation of the contractual service for the purposes of the premium, promotion and retirement and all the consequent financial implications are incompatible with Article 62 of the Constitution, which allowed transfers between the sections and chapters of the budget and reduce the amount.

- Article 12 / First, which gave the governor to authorize the implementation of projects not exceeding 10 billion Iraqi dinars, which belongs to the Ministry of Health, construction, housing, municipalities, agriculture, social, culture, youth and sports affairs, but some provinces are still not capable of implementing the strategic projects, the lack of components and cadres.

- Article 14 / V: include obliging ministries and departments not associated Bozerh Council of Ministers Resolution No. 347 year 2015 this would not restrict the Council to amend the law, while the Council should have the flexibility to enable it to manage the affairs of state.

- Article 18 /: include the possibility of contracting with the staff of the registration centers and the Department of political parties and organizations, which is a financial burden on the government, as they can install all contractors in previous years, making me not need the Commission to contract again, and that oblige the Ministry of Finance to transfer of grades and customization financial for those who wish to move from the Ministry of the Interior to the other of carrying university degrees ministries, and this affects the security establishment dump of certificates, under a security difficult circumstance, this is a matter of appreciation is due to the two ministers specialists, either to stop the transfer and placement to the three presidencies and re-associate to their constituencies and that it is acceptable, this leads to emptying the presidential institutions of cadres efficient, and there is a paragraph referring to bear the Ministry of Finance to pay the salaries of Mhalin on the contracting of self-financing companies employees bear the burden of differences Toukavathm contractual retired state employees fund, and here the Ministry of Finance confirmed that it does not have financial allocations for it.

- Article 24, which is allocated 50% of the administrative units that levy fees, and maintain it will lead to the public treasury deprived of significant sums of money to finance ministries and projects.

- Article 26 / include display each version to the House of Representatives for approval, leading to pushing the legislative authority in the executive matters, and this is contrary to the principle of separation of powers, which was confirmed by article 47 of the Constitution.

- Article 27 stated a preference for a local product Psonbh 10% compared to the importer, this ratio is high in a difficult financial situation.

- Article 32 Oualemtalqh to pay the ministries of the State obligations of Foreign Affairs of Arab organizations Waldolah, as we find that there is no relationship between the payment of the Iraq international obligations Lupine obtaining entitlement jobs Oualemoaqa management, as the Tllk expenses ruling may not be compromised, either necessary the Ministry of Finance feasibility study of investments, contrary to the government's policy in strengthening Arab cooperation.

- Article 33, which includes the distribution of deductions amounting to 3.8% of the salaries and allowances of state employees and retirees, as spotted multiple programs, not including emergency, which means unconstitutionality.

- Article 35 / which included the exemption of raw materials imported components and products for the electrical and mechanical power generation of solar and wind energy, the sector companies in production which are used exclusively in the production processes, and this is contrary to the government text by subjecting goods fees all, except for contracts entered into before 1/1 / 2017, which aim to maximize the resources of the state and goes part of their profits to supplement the state treasury.

- Article 47, which dealt with transfers of operational assignments of trade unions, federations and associations, except for international contributions to conferences, to the Ministry of Labor and Social Affairs, the rehabilitation of women and children and widows liberated areas, leading to increased public expenditure as the State is obliged under the Constitution to provide support to the unions, and this shows the Constitution the provisions of Article 22 of the Constitution.

- Article 48, which the Federal Government and the Ministry of Oil has committed to review the oil licensing rounds contracts to modify items for the benefit of Iraq's economic, and these contracts binding on both parties (Iraq side, companies), and the second party successful.

- Under article II itself necessitated the Ministry of Finance to conduct set-off between the debt owed by the company and the dues towards companies, and this is not possible as it entails owed distribution of petroleum products company profits have not been Mphasaltha with the debt owed by ministries.

- Article 49, under which has transfers 10 billion Iraqi dinars from the Ministry of Immigration allocations and displaced persons to the Ministry of Finance, to cover the fees and interest for real estate loans from the Land Bank granted for (Anbar, Ninawa, Salah al-Din) and the expansion of the size of the liberated areas, and the magnitude of the financial crisis, making the state treasury unable to meet those obligations, it requires the strengthening of the Ministry of Displacement and migration capabilities to advance legal obligations and to alleviate suffering, not deduction of them.

- Article 52 / amendment governing expenditure schedule to be medical equipment and medical supplies, rather than government text, which is limited to medicines, affecting the health situation because of the limited medication allocations.

- Article 56 / and included specific provincial law border ports revenue, to develop the infrastructure of border outlets and its neighboring areas, and are direct 2017; not Nha included in the total budget allocations specified by law.

- Article 57, under which interest withheld from farmers for the benefit of the Agricultural Bank for the first year and subsequent years will be similar to the interest rates of bank Rafidain and Rasheed, as the contract law of the contractors, the interest of the peasants due mean.

- Article 59 / which included transfers amounts of points to other destinations that will affect the Basra gas dues.

After the presentation of constitutional violations and the amendments made by the House of Representatives and the material added by the government as the project came in a lawsuit Abadi, chairman of the House of Representatives in addition to his job Abadi said it involved exceeded the executive role of the government and the violation of the legislative mechanism drawn by the Constitution.

He also stressed that it is a clear violation of the principle of separation of powers expounded by Article 47 of the Constitution and the confiscation of the means and tools that enable them to discharge the tasks entrusted to it under Article 80 of the Constitution and contrary Magher by the Iraqi constitutional judiciary, and came to claim for non-constitutionality of the substances listed Anfa and canceled for violating no rulers the Constitution .

He called Abadi to raise immigration and displaced phrases, and the Ministry of Electricity contained in article 11, item III, and the calculation of the contractual service for the purposes of the premium and signature and contracting, contained in Article 11 / VI and re-associate the three presidencies of the original constituencies, contained in Article 18 / e.

He stressed Abadi in the case to show all the issuance of the House of Representatives for approval, contained in article 26, the domestic product contained in article 27, and the inability of the item first of article 33 of the law Anfa and a medical equipment and supplies, contained in item II of article 53 of the previous reasons.

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