The Federal Court issued a ruling unconstitutional paragraphs of financial disclosure

The Federal Court issued a ruling unconstitutional paragraphs of financial disclosure



6/22/2017 0:00

Baghdad / Al- Sabah
issued the Federal Supreme Court, on Wednesday, ruled unconstitutional two paragraphs of instructions financial disclosure No. 2 of 2017, noting that their presence is contrary to articles 47 and 80 III of the Constitution.
A statement of the Information Office of the Court, received the "morning", that " the court held its ordinary and considered the case of appeal in parts of the financial disclosure instructions issued by the defendant's Prime Minister, in addition to its function in accordance with the powers set forth in article 80 ter of the Constitution."
The statement added that " the first paragraph is the first 11 of the instructions, which ruled to suspend the exchange employee 's salary and emoluments which did not provide for disclosure of financial discharged within the period stipulated in the article."
He explained, while " the other paragraph is contested by 12 Fourth Integrity Commission has committed to move a criminal case against the taxpayer to disclose financial discharged when the case hit check his interests and those mentioned in the article mentioned members of his family."
The statement noted, that " the court found that the texts constitute a violation of the provisions of Article 47 of the Constitution, which stipulates the principle of separation of the three powers that make up the Iraqi state , namely the legislative, executive and judicial" .ofatt that "revenue texts in the instructions issued to facilitate the implementation of the Commission Law integrity No. 30 of 2011 form to skip the goals of the issuance of instructions, so that the integrity Commission Act did not want the text authorizes the integrity Commission to suspend disbursement employee 's salary and emoluments in the event of failure to provide disclosure of financial discharged form, which is a form of booking salary. "
And that "the Integrity Commission Act and none of the penal laws , no provision is the criminalization of the case of a conflict of interest to the taxpayer when submitting an account of the financial his trust so that the right to the Integrity Commission to move file a criminal case against him , " noting that "this can not act to measure the other acts of her crime Penal Code It may be similar to the situation of conflicts of interest ".onoh statement that" the texts impugned constitute adding materials to the integrity Act, and this added when there is a need for it can be handled by the House of Representatives to legislate them according to his powers stipulated in Article 61 first of the Constitution. "
He added that " the revenue of these texts in the instructions give it for its role decree in Article 80 Third , the fact that the task of revealing and instructions are explained and directed how to apply the law , the subject of instructions issued to facilitate its implementation and not a facility for the provisions added to the law."

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