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Budget instructions come into effect
The first 2023/08/08
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Muhammad al-Ansari
Yesterday, Monday, the Ministry of Justice announced that the federal general budget for three years had entered into force, and the Director General of the Iraqi Facts Department in the ministry, Hanan Munther Nassif, stated that Instructions No. (1) for the year 2023, related to facilitating the implementation of the Federal General Budget Law of the Republic of Iraq for the fiscal years, had been published. (2023/ 2024/ 2025) No. (13) of 2023 in the Official Gazette.
Nassif explained that "Instructions No. (1) for the year 2023 are considered effective retroactively from the date 1/1/2023," indicating that "the instructions have entered into force."
In addition, the Federal Supreme Court decided, yesterday, Monday, to reject some appeals in form related to the unconstitutionality of articles in the budget law.
And the court stated, in a statement, that it had ruled to dismiss the plaintiffs’ case in form in (6) cases related to challenging the constitutionality of some articles of Law No. 13 of 2023, the Federal General Budget Law of the Republic of Iraq for the fiscal years 2023/2024/2025.
And it indicated that the ruling’s response came based on the provisions of Article 22 of the Internal Regulation No. 1 of 2022 and the significance of Article 19 thereof, because the plaintiffs are not among the persons mentioned in the aforementioned article who have the right to challenge the constitutionality of the budget law and charge them with expenses, fees and attorney’s fees, and the rulings were issued by agreement in full. And binding on all authorities, and I understand publicly on 7/8/2023.
Earlier on Monday, the Federal Supreme Court announced the resolution of the Kurdistan Regional Government's appeal to the budget law.
The media of the Federal Supreme Court said, in a statement, that the court considered today the case No. (168 / federal / 2023) filed before it by the plaintiff (the President of the Kurdistan Regional Government / in addition to his job) against the defendant (the Speaker of Parliament / in addition to his job) regarding the appeal. Pursuant to Articles of Law No. 13 of 2023 (the federal general budget of the Republic of Iraq for the fiscal years 2023, 2024, and 2025).
The statement added that the Supreme Court issued its final and binding decision for all authorities, which includes the ruling on the unconstitutionality of the phrase (and with the approval of the Federal Prime Minister) mentioned in Article (11 / first) and the phrase (and in the event that the parliament cannot be dissolved to take the necessary decision) mentioned in Article (13 / Seventh). ) of the law.
The court decided to dismiss the case regarding the challenge to the constitutionality of articles (2/ first / 5 / b), (11 / second), (12 / second / a, b, c, d, e) and (13 / eighth / b) of the law. .
The Federal Supreme Court also announced the resolution of the federal government's appeal to the budget law.
Its media said in another separate statement: The Federal Supreme Court considered the case No. (153 / Federal / 2023) filed before it by the plaintiff (Prime Minister / in addition to his job) against the defendant (Speaker of Parliament / in addition to his job) regarding the appeal against articles of the law. No. (13) for the year 2023 (the federal general budget of the Republic of Iraq for the fiscal years 2023, 2024, and 2025).
And it issued its final and binding decision for all authorities, which includes the ruling that the phrase (exclusively) contained in Article (2/first/8/c/6) is unconstitutional, and the phrase (at his request) contained in the last part of Article (16/second), and Article (20/ Sixth), Article (28 / Fourth / A), Article (57 / First / C), Article (70 / Second), and Article (72) of Law No. (13) for the year 2023 (the federal general budget of the Republic of Iraq for the fiscal years 2023 2024, 2025).
The decision also included a judgment dismissing the plaintiff’s case regarding the challenge to the constitutionality of Articles: (28 / fourth / b), (62 / fourth), (63 / third), (65 / second), (71) and (75) of the above law.
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