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Federal Court ruled unconstitutional one of the paragraphs of the budget
12/7/2018 12:00 am [rtl]BAGHDAD / Al-Sabah The Supreme Federal Court has ruled unconstitutionality in one of the paragraphs of the budget law for 2018, which would impede the implementation of investment projects . "The Supreme Federal Court held its session under the chairmanship of Judge Medhat Al-Mahmoud, and the presence of all the judges, and considered the appeal contained in Article (2 / II / 19) of the General Budget Law Which states: (All sovereign guarantees for investment projects with the approval of the Council of Ministers and the ratification of the House of Representatives). He added that "the Federal Supreme Court found that the House of Representatives added the last paragraph, which is the need to ratify the House of Representatives on the sovereign guarantees, to the draft law to be challenged without reference to the Council of Ministers." He explained that "the court explained that this text would restrict the movement of the executive authority in the contracts relating to investment projects, and this is interference in the affairs of the executive authority and contrary to the principle of separation of powers provided for in Article 47 of the Constitution, First) of the Constitution. " Al-Samok added that "the Federal Supreme Court stated that it is not the competence of the House of Representatives to ratify the sovereign guarantees of investment projects, but it exercise its powers to control the performance of the executive authority in this area, and resort to constitutional means if there is a defect in performance, The movement of the executive authority by requiring the ratification of sovereign guarantees for investment projects, and accordingly the court decided to rule unconstitutional the last part of the said article including the ratification of the House of Representatives on the sovereign guarantees.[/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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