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Amendment of Law 21 grants governors powers to move military units and control staff
Baghdad / Mohammed Sabah
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Amendment of Law 21 grants governors powers to move military units and control staff
Baghdad / Mohammed Sabah
An amendment passed by the House of Representatives a few days ago to the law of the provinces not organized in the territory No. 21, the Governors wide powers include moving military units without obtaining the approvals of the federal government in the event of any security disturbance threatens their provinces.
These amendments removed the overlap between this law and the law of provincial elections after abolishing the provincial councils and reduced the preparation of members of the provincial councils by almost half and gave the Council of Ministers to schedule the voting of local governments.
The Chairman of the Committee of the Regions and the parliamentary provinces Sirwan Ismail in an interview with (the extent), yesterday, "The amendments to the law No. (21) and voted by the House of Representatives on the fourteenth of this month abolished the district councils and granted the right to judge the election or dismissal of the mayor and director side".
Ismail added that "the amendments included reducing the number of members of the provincial councils and the calculation of ten members for each province and add one seat for every 200 thousand, more than one million, as for the districts were determined by seven members of each district added one seat for every 100 thousand people, 500 thousand ".
He stressed that "the new amendments have eliminated the overlap between the transfer of powers and provincial council elections regarding the number of members of provincial councils and the abolition of district councils and the maintenance of the director of the province as well as determine the certificate of the bachelor of the members of the provincial councils."
Article (4) of the Provincial Councils Law No. (21) provides that the duration of the electoral cycle of the councils is four calendar years, starting with the first session and automatically ending after completing four calendar years.
Article (46 / I) of the provincial elections law states that "the date of elections shall be determined by a decision of the
Council of Ministers on the proposal of the Commission to be announced by the various media before the scheduled date for 60 days."
Article 46 (III) states that "in case of postponement of the elections, provincial, district and sub-district councils shall continue to run their affairs until new councils are elected."
The Supreme Coordinating Committee between the governorates issued a circular to the local councils on 13/6/2017, whereby it continues its work until the elections, which ended its legitimate mandate last April.
And reveals MP Ismail, "There are the deputies collected signatures reached 200 signatures in order to submit a bill to abolish the provincial councils," considering that this action is a consecration of the central system is a constitutional violation. "
In turn, says the Rapporteur of the Committee of Regions and Parliamentary Provinces Rasul Abu Hasna, (Range) yesterday, that "the amendment passed by the House of Representatives recently on the law No. (21) to transfer powers confer the governor a mandate to move the military units within the borders of his province in the event of disturbances that threaten security in the province."
The House of Representatives postponed in August last, Vote on the draft amendment of the third law of the quarantine Data is organized in a region No. (21) for the year 2008, until the completion of the adoption of the provincial and district council elections law.
The Presidency of the Council of Representatives considered solving the problem of contradiction between the paragraphs of the provincial elections law and the draft of the third amendment to the provincial law No. 21 before proceeding with the amendment of the first law.
Abu Hassaneh explained that "the set of amendments included in the transfer of powers law reached 15 articles giving broad powers to the governor in appointing the heads of administrative units and control of all federal employees in his province."
The Council of Representatives approved at its previous session, the second amendment to the Law of the provinces No. 21 of 2008. The law grants the provinces producing oil five dollars instead of one dollar for each barrel is extracted, and gives them the right to deal with a large part of the revenues of its border ports. The law also provides for the withdrawal of most of the powers of service ministries and their granting to local governments.
The former government appealed the law, and Prime Minister Haider Abadi, at the beginning of his term, decided to withdraw the appeal filed by the Maliki government by Law No. 21. He called on ministries and local governments to submit their proposals for inclusion in the second amendment to the law.
And overlap the paragraph share of the provinces of oil extracted with a paragraph in the budget law of 2017 stabbed by the government of Abadi, which provoked the southern provinces discontent of the government and considered what is going to resign from the commitments to implement the provincial law.
As a result, local governments are hoping for the prime minister's promise to disengage the powers of nine ministries before the end of this year, not to go to the federal court to break up the administrative clash.
Despite the entry into force of the provincial law more than a year ago, many ministries, especially finance and health, refrain from transferring their powers. While the ministries, which transferred part of their powers, continue to intervene in the affairs of the departments, which are under the supervision of local governments. Deputies assert that the transfer of powers does not exceed only 40%.
Ismail added that "the amendments included reducing the number of members of the provincial councils and the calculation of ten members for each province and add one seat for every 200 thousand, more than one million, as for the districts were determined by seven members of each district added one seat for every 100 thousand people, 500 thousand ".
He stressed that "the new amendments have eliminated the overlap between the transfer of powers and provincial council elections regarding the number of members of provincial councils and the abolition of district councils and the maintenance of the director of the province as well as determine the certificate of the bachelor of the members of the provincial councils."
Article (4) of the Provincial Councils Law No. (21) provides that the duration of the electoral cycle of the councils is four calendar years, starting with the first session and automatically ending after completing four calendar years.
Article (46 / I) of the provincial elections law states that "the date of elections shall be determined by a decision of the
Council of Ministers on the proposal of the Commission to be announced by the various media before the scheduled date for 60 days."
Article 46 (III) states that "in case of postponement of the elections, provincial, district and sub-district councils shall continue to run their affairs until new councils are elected."
The Supreme Coordinating Committee between the governorates issued a circular to the local councils on 13/6/2017, whereby it continues its work until the elections, which ended its legitimate mandate last April.
And reveals MP Ismail, "There are the deputies collected signatures reached 200 signatures in order to submit a bill to abolish the provincial councils," considering that this action is a consecration of the central system is a constitutional violation. "
In turn, says the Rapporteur of the Committee of Regions and Parliamentary Provinces Rasul Abu Hasna, (Range) yesterday, that "the amendment passed by the House of Representatives recently on the law No. (21) to transfer powers confer the governor a mandate to move the military units within the borders of his province in the event of disturbances that threaten security in the province."
The House of Representatives postponed in August last, Vote on the draft amendment of the third law of the quarantine Data is organized in a region No. (21) for the year 2008, until the completion of the adoption of the provincial and district council elections law.
The Presidency of the Council of Representatives considered solving the problem of contradiction between the paragraphs of the provincial elections law and the draft of the third amendment to the provincial law No. 21 before proceeding with the amendment of the first law.
Abu Hassaneh explained that "the set of amendments included in the transfer of powers law reached 15 articles giving broad powers to the governor in appointing the heads of administrative units and control of all federal employees in his province."
The Council of Representatives approved at its previous session, the second amendment to the Law of the provinces No. 21 of 2008. The law grants the provinces producing oil five dollars instead of one dollar for each barrel is extracted, and gives them the right to deal with a large part of the revenues of its border ports. The law also provides for the withdrawal of most of the powers of service ministries and their granting to local governments.
The former government appealed the law, and Prime Minister Haider Abadi, at the beginning of his term, decided to withdraw the appeal filed by the Maliki government by Law No. 21. He called on ministries and local governments to submit their proposals for inclusion in the second amendment to the law.
And overlap the paragraph share of the provinces of oil extracted with a paragraph in the budget law of 2017 stabbed by the government of Abadi, which provoked the southern provinces discontent of the government and considered what is going to resign from the commitments to implement the provincial law.
As a result, local governments are hoping for the prime minister's promise to disengage the powers of nine ministries before the end of this year, not to go to the federal court to break up the administrative clash.
Despite the entry into force of the provincial law more than a year ago, many ministries, especially finance and health, refrain from transferring their powers. While the ministries, which transferred part of their powers, continue to intervene in the affairs of the departments, which are under the supervision of local governments. Deputies assert that the transfer of powers does not exceed only 40%.
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