Federal Court decides unconstitutional 18 articles in the budget

Federal Court decides unconstitutional 18 articles in the budget

 


22/8/2017 12:00 am

The head of the Independent Electoral Commission
Baghdad / Al-Sabah
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 Director of the Information Office of the Federal Supreme Court Ias Samok, in a statement: "The court held a hearing yesterday under the chairmanship of Judge Medhat al-Mahmoud to consider the appeal contained in some articles of the Federal Budget Law No. 44 of 2017."
"The Court decided to rule on the unconstitutionality of articles 2 (I / F), 8 / V, 11 / III, 11 / V / C, 11 / V / D, (A), (ii), (xiii), (viii), (viii) (B), 48 (ii), (49), (56), (57) and (59) ".
Samuk pointed out 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 financial burdens on the draft submitted by the Council of Ministers without returning to it."
"The Court responded to the challenge for articles 11 / VI, 18 / C, 18 / D, 42 / (47), (48), (53), the fact that the House of Representatives did not exceed its powers regarding its legislation and did not impose financial burdens or increase the deficit.
He continued the 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 job, which intervened in a nutshell 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 and the petition and its annexes and defenses of the defendant in addition to his job and the three persons beside them and after returning to the report of the five experts unanimously issued and read the constitutional articles governing the subject of the dispute, especially Article (62) of the Constitution.
The director of the media office confirmed that "the court found after the examination of the report that it met the task assigned to the experts and the reason and reason and went to adopt a reason to judge the case based on the provisions of Article 140 of the Law of Evidence No. 107 of 1979, The Constitution's articles on the budget. "
The details of the decision of the Federal Supreme Court regarding the articles contested by its unconstitutionality, according to the statement of the Information Office of the Court:
In the context 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 trillions of 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. In the matter of the appeal contained in Article (8 / V) of the Budget Law, which includes allocating a percentage of the allocations of the federal ground forces to the Iraqi army and considering them under this text of the security forces and not part of the land forces. Moreover, the text did not restrict the number of Peshmerga forces Which leads to an increase in the financial burden of the budget, so this text is a departure from the provisions of Article (62 / II) of the Constitution, because it was drawn from the House of Representatives without reference to the Council of Ministers in that.
3 - In response to the appeal contained in Article (11 / III) of the Budget Law, which added the Ministries of Migration and Displaced and Electricity to the excluded entities from the suspension of appointments by filling the vacant grades resulting from the movement of owners that have not been allocated in the budget of 2017, To the Council of Ministers and that this constitutes a violation of 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 authorized ministries and other bodies to keep the vacant grades due to the movement of owners that have not been allocated in the budget of 2017, resulting in the appointment of an increase in public expenditure in exchange for payment of salaries to those who occupy these 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 case of the appeal referred to in Article 11 (V / D) of the Budget Law, which limited the appointment in grades (c) of the labor force allocated to the Ministry of Interior to governorates and areas liberated from terrorism to its children, 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 / I) of the Budget Law, which raised the ceiling of authorization issued by the Minister to the Governor after what was specified in the draft budget (10) billion dinars, and that the Council of Representatives (raising the ceiling) With the provisions of Article (123) of the Constitution and Article (47) thereof, where the executive authority is competent in this procedure and does not have the legislative authority, and also contradicts 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 Council of Ministers Resolution No. (347) for the year 2015, which was not mentioned in the draft law and its inclusion in the Budget Law would restrict the Council of Ministers to cancel or modify it depending on the circumstances The Council of Representatives has violated the provisions of Article 47 of the Constitution as well as its powers stipulated in Article 62 of the Constitution.
8 - With regard to the appeal contained in Article (18 / e) of the Budget Law, which authorized the Independent High Electoral Commission to contract with the staff of the registration centers and the staff of the Political Parties and Organizations Department without there being any allocations in the budget which would result in an increase of the financial expenses of the general 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 age of employees of companies and self-financed general directorates that receive a grant from the 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 is found in article 62 (second) of the Constitution, and this is what the experts have determined in their report in paragraph (12) and the direction otherwise violates the provisions of Article 62 / II of the Constitution. However, 18 / f) of the Budget Law needs legal treatment from the government to whom it is referred to
10 - With regard to the appeal contained in Article (26) of the budget, which the House of Representatives added to the necessary Ministry of Finance before the issuance of remittances or treasury bonds at the request of the Ministry of Oil to present this issue to the House of Representatives to take his consent, and find the Federal Supreme Court that this is a repetition For ratification, which was within the ratification of the budget as well as a delay in the issuance of the violations and in violation of Article (47) of the Constitution, which requires the separation of powers in terms of competencies.
11. In the appeal of article 27 (a) of the Budget Law, which added that official purchases should be directed to the local producer, although these products (local) are 10% higher than the imported product, To deficit in the budget without reference to the Council of Ministers and this is a violation of the provisions (62) of the Constitution.
12. In the context of article 33 (I) of the Budget Law, which stipulates 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, 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 / second) of the Budget Law, which provides for a set-off between the debts of the ministries and entities with the profits of the company, the distribution of the petroleum products which belong to the Ministry of Finance and which constitute a supplier 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. With regard to the appeal contained in 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 fees and interest for real estate loans granted by the Real Estate Bank to the citizens of some of the provinces that have been damaged by terrorist acts and that this constitutes an outlet for the exit of budget funds Was 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 fiscal deficit and that was without reference to the Council of Ministers so the text is contrary to The provisions of the text (62 / second) 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 crossing points for the rehabilitation of the infrastructure and the surrounding areas, and that these revenues are originally allocated to the general budget 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 status of this article got 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 transferring (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 Basrah gas dues, Electricity, in addition to the fact that these transfers lead to a deficit in 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 only by the addition of new amounts and this arranges new financial burdens on the Treasury contribute to increase the deficit and that these transfers The effects were amplified by increasing the dough 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 referred to in Article 11 (VI) 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 the 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 arranges an increase in the allocated amounts 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 is the request of the plaintiff in addition to the Which would 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 the previous financial budgets from 2015 and below and creates disparities in salaries and other rights for those with the same specifications and conditions. Therefore, the request to rule unconstitutionality Article 11 VI contrary to the provisions of Articles (14)
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 related parties, and the prohibition of transfer and placement, the Federal Supreme Court finds that this article did not exceed the provisions of Article 62 / II of the Constitution, 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 allowing those who have university degrees 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 provisions of Article 62 / The Constitution, because this transfer was with the consent of the Ministers or the two Presidents concerned and not disagreement with their consent and that will support the competencies in the ministries and official bodies to which the transfer of those associates, and the text limited to the Ministry of Interior only and therefore does not arrange the text increase in expenses.
22. With regard to the appeal contained in Article (24 / C) of the budget, which includes granting the ministries and other parties and provincial councils to impose new fees and services except for the sovereign fees and the allocation of 50% of them 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 granting the ratio mentioned to the administrative units for the first time during the implementation of the budget of 2017 and this percentage 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 obligates the Iraqi authorities to require that Iraq obtain its entitlements from the administrative budget in the Arab and international organizations in return for paying the financial obligations of these organizations, the Federal Supreme Court finds that it was established as a legislative option Of 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 of foreign companies and submit a report to the Council of Ministers to take the position in favor of Iraq, the Federal Supreme Court finds that this article Iraq and does not conflict with Article 62 / II of the Constitution as a mere recommendation to the Council of Ministers.
25. In response to Article 47 of the Budget Law, which contains transfers of operational allocations to unions, clubs and unions, except international contributions and conferences to the Ministry of Labor and Social Affairs, to prepare rehabilitation programs for children in affected areas, widows and orphans. This power of the House of Representatives does not conflict with the provisions of Article (62 / II) of the Constitution and is consistent with the current circumstances of Iraq.
26. With regard to the appeal contained in Article (48 / I) of the Budget Law, which obliged the Federal Government, including the Ministry of Oil, to review contracts of oil licensing rounds by amending the terms of those contracts in favor of Iraq, the Federal Supreme Court finds that the status of this article is 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. With regard to the appeal contained in Article (53) of the Budget Law, which includes the necessity of purchasing 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 subject matter 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.

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