A leading UDD *: observations on Federal economic reform bill
The Cabinet decided at its thirty-fifth meeting, held on 13/8/2013 Federal economic reform bill and the auditor of State Council and referred it to the House floor legislation. This Bill is an important step by the Government to translate their ideas and concept of economic reform and its objectives and priorities and his knives and ways and mechanisms and frameworks to manage. And no doubt the need for economic reform to eliminate the imbalances and distortions in the structure of the Iraqi economy and the unilateral creation and update mechanisms, systems and control, and bind the State Constitution to ensure that economic reform in accordance with the "modern" economic fundamentals and the adoption of market principles and techniques of investment promotion ", the experiences of various countries have embarked on economic reform, shows that this process is not an approach andNo one welatntzm its under one theme, and the restructuring of economic substance intellectually and ideologically clear aomdamra and socially content reflected a distribution of benefits and costs and burdens on different social strata and groups. So it is surprising that this law passed without that preceded and accompanied by extensive public discussions and debates limited to specialists and representatives of the organizations and governmental and non-governmental bodies. In the hope that the attention it deserves by the media and with competence and powers, parties, trade unions, federations and professional and civil society organizations, offer some observations on the draft law after careful reading him looking forward to contribute to this in stimulating dialogue and debate to come up with a more mature version. A. in theory, conceptual 1. in article (1-1) a definition of economic reform "in restructuring the Iraqi economy in accordance with the principles of modern economy and the requirements of the transition to a market economy..." It should be recalled that the Constitution does not provide for a market economy, where we find the expression "modern principles of Economics" in article 25, the expression "a..Supported the latest techniques of market principles and encouraging investment "as in article 112. so that the market economy is not sufficient to determine the nature of our economic system to achieve, there is a system of social market economy in Germany, and the Socialist market economy in China, and the mixed economies in Europe also fall within forms of market economy. There are different systems of market economy with different shape and degree of State intervention in the economy. It seems that the Bill tends to the liberal concept of the market economy, where the declining state intervention in the economy to the lowest degree and only sovereign functions and played the role of "keeper". This is reflected in the multiplicity of references to "free market economy" as in (2) and (4), for example. This requires that the characterization of the nature of the economic system in which the State of Iraq and aims to reform. If we examine the Constitution 26 to 36, they assume a high level of State intervention in the economy to achieve the obligations and rights provided for in these articles, and if we add to this the State ownership of the oil resources, the role of the State is present in the Iraqi economy for many years to come, making the economic system consistent with the articles of the Constitution is as close to a "mixed economy". So it's not strictly the rationale that the Constitution calls for the Iraqi economy to a market economy, accurately described the goal of the reform is to support and activate the working mechanisms of the competitive market in the Iraqi economy to increase productivity and efficiency in the use of material and human resources. 2. Article 1 (ii) public sector unit: "all the formation of State-owned and provide services that support the economic activities according to the law," but in many countries the public sector economic units that have a State and its institutions more than 51% of the capital, the State will have a majority on the Board in the decision-making process. 3. definition of good governance in the article (I-VIII) is inaccurate as it deals with corporate governance and private economic units, while the adoption of a more holistic concept of governance adopted by international institutions, as well as that of governance or decision-making process and its implementation, which relate to the functioning of institutions and the achievement of objectives.There is confusion between governance which refers to the institutional framework and regulations adopted in the construction, management and economic unity between the concept of governance for the process and how to "rule" or the leadership of the organization. 4. Article (a 2 – first) to act as "restructuring of Iraqi economy to increase productivity and ensure competition" which take up the objective basis for restructuring the economic aspect, but there is supposed to be a social dimension in the restructuring of their social effects, and not enough to try to address these effects when you refer to "reduce the cost of reform." 5. within the objectives of the law to achieve justice in the distribution of proceeds of economic activities, and comprehensive economic development, these objectives can be achieved only through effective intervention from the State, this conflicts with the liberal model is implicit in the reference theory of law. B. the purpose of the law 6 – seems to be the purpose of the law is the basis for the formation of the Council of economic reform, to be an instrument of the State and Government in leading the process of economic reform in all its aspects and legislative and administrative requirements in all sections, economic and financial sectors. And the role of the President of the Council also follows from article functions (6) is to propose policies and to follow up the implementation of the reform policies and programmes and coordination between the different actors of the legislative organs of the State and institutions, the private sector and between the various levels and fields covered by the reform process, and provide advisory support for the formulation and implementation of reform programmes, and the preparation of the necessary studies.Such tasks require highly specialized expertise and experience and knowledge, and have firm convictions need to complete the reform process. It also assumes that its decisions are binding on all State organs. The proposed construction of the Board makes it administratively configuration is added to the Profiles list and increase the sagging State of inflation, and its specifications are applicable to workers and staff members in the State to the same practices and the logic of its judgment, that the Council work to fix it. So we see that the Council is reviewing the structure and construction of an organ with competence and expertise of academics and professionals, successful businessmen and senior cadres of the State experienced management and technical expertise, in addition to representatives of the employers and industrialists, businessmen and representatives of trade unions and professional. Preferably dealing with Board members to flexible contractual formula to attract the best brains and experience. To avoid slow administrative mechanisms and saddled with routine will work according to the proposed law, administrative structure, we replace it by forming groups on a specialized sectoral offices and professionally operated under a flexible administrative frameworks in particular. 7. to prevent duplication of efforts and benefit from the efforts made in the preparation of sector strategies, and the considerable efforts that have been made in the development plan for the years 2013-2017, assumed to be from the functions of the Council coordination and follow-up among the various governmental and private agencies carrying out this strategy and plans and accelerate the reforms necessary to facilitate the implementation process. 8. in chapter II entitled "means of economic reform" paragraphs are highly public fields already have developed plans and programmes for the implementation of the reforms, such as the restructuring of public companies. Law reveals the Liberal leanings of different orientations adopted excessively formal., and some point to trends intersect with the Constitution, and on article (4-5), which States "regulate relations between ownership and management of natural resources and management of the assets of the private sector and promote private sector participation." The current wording does not define the scope of private sector involvement is limited to management, or include property too? In the latter case that shouted, intersect with the Constitution which is the oil belongs to the Iraqi people, and thus should not be proprietary. Paragraph VI shall facilitate the privatization of public enterprises, despite a road map to reform public corporations does not require privatization all but move towards industrial partnerships with domestic and foreign private sector. Paragraph VIII provides "encouraging dialogue between the public sector and social partners" to organise all currently for public workers since the change as employees under the former regime., and required to be afforded to workers ' representatives a greater participation in the governing bodies of the organizations of the public sector. Dialogue is not enough. 9. no law to eliminate factors impeding fair competition because of the absence or weakness of the market regulation in Iraq and a special economic units (companies and individuals) have a monopolistic position in the market and their influence and private sources of information they have on their rivals and they remove them from the market.
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The Cabinet decided at its thirty-fifth meeting, held on 13/8/2013 Federal economic reform bill and the auditor of State Council and referred it to the House floor legislation. This Bill is an important step by the Government to translate their ideas and concept of economic reform and its objectives and priorities and his knives and ways and mechanisms and frameworks to manage. And no doubt the need for economic reform to eliminate the imbalances and distortions in the structure of the Iraqi economy and the unilateral creation and update mechanisms, systems and control, and bind the State Constitution to ensure that economic reform in accordance with the "modern" economic fundamentals and the adoption of market principles and techniques of investment promotion ", the experiences of various countries have embarked on economic reform, shows that this process is not an approach andNo one welatntzm its under one theme, and the restructuring of economic substance intellectually and ideologically clear aomdamra and socially content reflected a distribution of benefits and costs and burdens on different social strata and groups. So it is surprising that this law passed without that preceded and accompanied by extensive public discussions and debates limited to specialists and representatives of the organizations and governmental and non-governmental bodies. In the hope that the attention it deserves by the media and with competence and powers, parties, trade unions, federations and professional and civil society organizations, offer some observations on the draft law after careful reading him looking forward to contribute to this in stimulating dialogue and debate to come up with a more mature version. A. in theory, conceptual 1. in article (1-1) a definition of economic reform "in restructuring the Iraqi economy in accordance with the principles of modern economy and the requirements of the transition to a market economy..." It should be recalled that the Constitution does not provide for a market economy, where we find the expression "modern principles of Economics" in article 25, the expression "a..Supported the latest techniques of market principles and encouraging investment "as in article 112. so that the market economy is not sufficient to determine the nature of our economic system to achieve, there is a system of social market economy in Germany, and the Socialist market economy in China, and the mixed economies in Europe also fall within forms of market economy. There are different systems of market economy with different shape and degree of State intervention in the economy. It seems that the Bill tends to the liberal concept of the market economy, where the declining state intervention in the economy to the lowest degree and only sovereign functions and played the role of "keeper". This is reflected in the multiplicity of references to "free market economy" as in (2) and (4), for example. This requires that the characterization of the nature of the economic system in which the State of Iraq and aims to reform. If we examine the Constitution 26 to 36, they assume a high level of State intervention in the economy to achieve the obligations and rights provided for in these articles, and if we add to this the State ownership of the oil resources, the role of the State is present in the Iraqi economy for many years to come, making the economic system consistent with the articles of the Constitution is as close to a "mixed economy". So it's not strictly the rationale that the Constitution calls for the Iraqi economy to a market economy, accurately described the goal of the reform is to support and activate the working mechanisms of the competitive market in the Iraqi economy to increase productivity and efficiency in the use of material and human resources. 2. Article 1 (ii) public sector unit: "all the formation of State-owned and provide services that support the economic activities according to the law," but in many countries the public sector economic units that have a State and its institutions more than 51% of the capital, the State will have a majority on the Board in the decision-making process. 3. definition of good governance in the article (I-VIII) is inaccurate as it deals with corporate governance and private economic units, while the adoption of a more holistic concept of governance adopted by international institutions, as well as that of governance or decision-making process and its implementation, which relate to the functioning of institutions and the achievement of objectives.There is confusion between governance which refers to the institutional framework and regulations adopted in the construction, management and economic unity between the concept of governance for the process and how to "rule" or the leadership of the organization. 4. Article (a 2 – first) to act as "restructuring of Iraqi economy to increase productivity and ensure competition" which take up the objective basis for restructuring the economic aspect, but there is supposed to be a social dimension in the restructuring of their social effects, and not enough to try to address these effects when you refer to "reduce the cost of reform." 5. within the objectives of the law to achieve justice in the distribution of proceeds of economic activities, and comprehensive economic development, these objectives can be achieved only through effective intervention from the State, this conflicts with the liberal model is implicit in the reference theory of law. B. the purpose of the law 6 – seems to be the purpose of the law is the basis for the formation of the Council of economic reform, to be an instrument of the State and Government in leading the process of economic reform in all its aspects and legislative and administrative requirements in all sections, economic and financial sectors. And the role of the President of the Council also follows from article functions (6) is to propose policies and to follow up the implementation of the reform policies and programmes and coordination between the different actors of the legislative organs of the State and institutions, the private sector and between the various levels and fields covered by the reform process, and provide advisory support for the formulation and implementation of reform programmes, and the preparation of the necessary studies.Such tasks require highly specialized expertise and experience and knowledge, and have firm convictions need to complete the reform process. It also assumes that its decisions are binding on all State organs. The proposed construction of the Board makes it administratively configuration is added to the Profiles list and increase the sagging State of inflation, and its specifications are applicable to workers and staff members in the State to the same practices and the logic of its judgment, that the Council work to fix it. So we see that the Council is reviewing the structure and construction of an organ with competence and expertise of academics and professionals, successful businessmen and senior cadres of the State experienced management and technical expertise, in addition to representatives of the employers and industrialists, businessmen and representatives of trade unions and professional. Preferably dealing with Board members to flexible contractual formula to attract the best brains and experience. To avoid slow administrative mechanisms and saddled with routine will work according to the proposed law, administrative structure, we replace it by forming groups on a specialized sectoral offices and professionally operated under a flexible administrative frameworks in particular. 7. to prevent duplication of efforts and benefit from the efforts made in the preparation of sector strategies, and the considerable efforts that have been made in the development plan for the years 2013-2017, assumed to be from the functions of the Council coordination and follow-up among the various governmental and private agencies carrying out this strategy and plans and accelerate the reforms necessary to facilitate the implementation process. 8. in chapter II entitled "means of economic reform" paragraphs are highly public fields already have developed plans and programmes for the implementation of the reforms, such as the restructuring of public companies. Law reveals the Liberal leanings of different orientations adopted excessively formal., and some point to trends intersect with the Constitution, and on article (4-5), which States "regulate relations between ownership and management of natural resources and management of the assets of the private sector and promote private sector participation." The current wording does not define the scope of private sector involvement is limited to management, or include property too? In the latter case that shouted, intersect with the Constitution which is the oil belongs to the Iraqi people, and thus should not be proprietary. Paragraph VI shall facilitate the privatization of public enterprises, despite a road map to reform public corporations does not require privatization all but move towards industrial partnerships with domestic and foreign private sector. Paragraph VIII provides "encouraging dialogue between the public sector and social partners" to organise all currently for public workers since the change as employees under the former regime., and required to be afforded to workers ' representatives a greater participation in the governing bodies of the organizations of the public sector. Dialogue is not enough. 9. no law to eliminate factors impeding fair competition because of the absence or weakness of the market regulation in Iraq and a special economic units (companies and individuals) have a monopolistic position in the market and their influence and private sources of information they have on their rivals and they remove them from the market.
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