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[size=32]Iraq: Decentralization with a central vision!
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That the principle of decentralization was not the result of a vision or a real strategy of the legislator or the political class in Iraq, but was subject to the political context of the ruling! Who had passed the legislation and then overthrew it with collective collusion in favor of the politically dominant party. We have mentioned how the interference of the three federal, legislative, executive and judicial branches of government has undermined the idea of decentralizing the provinces in the administration of their affairs through their elected local governments! As in this context of the nature of the political conflict in Iraq, and the wishes of the strongest political actor and direct economic interests, was also linked to the relations of this actor and his political alliances and economic interests or intersections with the people of these provinces!
We note this contradiction in the law of the provinces that are not organized in the region No. 21 of 2008 and its three amendments; where we find materials to support decentralization, and the materials completely eliminated at the same time!
In the first text of the law, article 7 / IV stipulates that the governorate council has the power to: "Draw up the general policy of the governorate in coordination with the concerned ministries in the field of development of plans related to the governorate." Then comes the second amendment to the law to redraft this article to be: «Drawing the general policy of the province and prioritize in all areas in coordination with the ministries and the concerned parties, and in the case of disagreement is the priority of the decision of the provincial council»! As it is clear, the amendment gave the public policy set by the province a priority on the public policy set by the ministries and authorities in the case of disagreement between the two policies! The third amendment to the law is to add a new article, Article 45 / III, which states that «the province shall abide by the general policy set by the Council of Ministers and the competent ministries and the injured party to appeal the decision before the competent courts»! This article is a clear violation of Article 122 / V of the Constitution, which decided that «the provincial council is not under the control or supervision of any ministry or non-linked to the Ministry»! This text effectively eliminates the possibility of a conflict between the central government and the provincial councils, because this provision means that there is a second jurisdiction over the second, while the Constitution clearly states that the Federal Court has sole jurisdiction in adjudicating disputes between the federal government, And provincial governments not organized in the territory (Article 93 / IV)! The irony here is that the legislator did not notice the contradiction in which it is, and to be once again facing a conflict that is not related to different laws, but by conflict in the law itself! In addition, the law itself, in its first text, includes another conflict when it decides in Article 31 / III that the terms of reference of the Governor: «the implementation of the policy set by the federal government within the province»! This text effectively eliminates the possibility of a conflict between the central government and the provincial councils, because this provision means that there is a second jurisdiction over the second, while the Constitution clearly states that the Federal Court has sole jurisdiction in adjudicating disputes between the federal government, And provincial governments not organized in the territory (Article 93 / IV)! The irony here is that the legislator did not notice the contradiction in which it is, and to be once again facing a conflict that is not related to different laws, but by conflict in the law itself! In addition, the law itself, in its first text, includes another conflict when it decides in Article 31 / III that the terms of reference of the Governor: «the implementation of the policy set by the federal government within the province»! This text effectively eliminates the possibility of a conflict between the central government and the provincial councils, because this provision means that there is a second jurisdiction over the second, while the Constitution clearly states that the Federal Court has sole jurisdiction in adjudicating disputes between the federal government, And provincial governments not organized in the territory (Article 93 / IV)! The irony here is that the legislator did not notice the contradiction in which it is, and to be once again facing a conflict that is not related to different laws, but by conflict in the law itself! In addition, the law itself, in its first text, includes another conflict when it decides in Article 31 / III that the terms of reference of the Governor: «the implementation of the policy set by the federal government within the province»!
We note this contradiction in the law of the provinces that are not organized in the region No. 21 of 2008 and its three amendments; where we find materials to support decentralization, and the materials completely eliminated at the same time!
In the first text of the law, article 7 / IV stipulates that the governorate council has the power to: "Draw up the general policy of the governorate in coordination with the concerned ministries in the field of development of plans related to the governorate." Then comes the second amendment to the law to redraft this article to be: «Drawing the general policy of the province and prioritize in all areas in coordination with the ministries and the concerned parties, and in the case of disagreement is the priority of the decision of the provincial council»! As it is clear, the amendment gave the public policy set by the province a priority on the public policy set by the ministries and authorities in the case of disagreement between the two policies! The third amendment to the law is to add a new article, Article 45 / III, which states that «the province shall abide by the general policy set by the Council of Ministers and the competent ministries and the injured party to appeal the decision before the competent courts»! This article is a clear violation of Article 122 / V of the Constitution, which decided that «the provincial council is not under the control or supervision of any ministry or non-linked to the Ministry»! This text effectively eliminates the possibility of a conflict between the central government and the provincial councils, because this provision means that there is a second jurisdiction over the second, while the Constitution clearly states that the Federal Court has sole jurisdiction in adjudicating disputes between the federal government, And provincial governments not organized in the territory (Article 93 / IV)! The irony here is that the legislator did not notice the contradiction in which it is, and to be once again facing a conflict that is not related to different laws, but by conflict in the law itself! In addition, the law itself, in its first text, includes another conflict when it decides in Article 31 / III that the terms of reference of the Governor: «the implementation of the policy set by the federal government within the province»! This text effectively eliminates the possibility of a conflict between the central government and the provincial councils, because this provision means that there is a second jurisdiction over the second, while the Constitution clearly states that the Federal Court has sole jurisdiction in adjudicating disputes between the federal government, And provincial governments not organized in the territory (Article 93 / IV)! The irony here is that the legislator did not notice the contradiction in which it is, and to be once again facing a conflict that is not related to different laws, but by conflict in the law itself! In addition, the law itself, in its first text, includes another conflict when it decides in Article 31 / III that the terms of reference of the Governor: «the implementation of the policy set by the federal government within the province»! This text effectively eliminates the possibility of a conflict between the central government and the provincial councils, because this provision means that there is a second jurisdiction over the second, while the Constitution clearly states that the Federal Court has sole jurisdiction in adjudicating disputes between the federal government, And provincial governments not organized in the territory (Article 93 / IV)! The irony here is that the legislator did not notice the contradiction in which it is, and to be once again facing a conflict that is not related to different laws, but by conflict in the law itself! In addition, the law itself, in its first text, includes another conflict when it decides in Article 31 / III that the terms of reference of the Governor: «the implementation of the policy set by the federal government within the province»!
This law reflects the chaos of legislation in Iraq, and also reflects the predominance of the central orientations of the decision maker at the legislative and executive levels. The decentralization claims reflected in the political speeches are nothing more than a mere propaganda.
Apart from the texts, the practice revealed absolute dominance of the central government in terms of public policy, because it has the final decision regarding the transfer of these policies to projects and programs through the Ministry of Planning, and with regard to funding through the Ministry of Finance also!
With regard to the relationship between the House of Representatives and the provincial councils, the law also provides us with another conflict between centralization and decentralization when it gives the House of Representatives, without any constitutional or logical justification, jurisdiction over provincial councils! After the first text of the law before the amendments in Article 20 / II / B that "the Council of Representatives dissolved the Council by an absolute majority of its members at the request of the governor, or one third of the members" in cases referred to by the law. The first amendment added another mandate to the House of Representatives when it decided in Article (20 / II / A) that «the House of Representatives to object to the decisions issued by the provincial council if they are contrary to the Constitution or the laws in force, and in the absence of removal of the violation of the House of Representatives to cancel the resolution by a simple majority» ! In an explicit violation of the Constitution which gave the Federal Supreme Court exclusively this jurisdiction! It is not the competence of the House of Representatives to repeal any legislative or executive decisions issued by the provincial council or the governor, this jurisdiction must be the federal government and through the appeal of these decisions before the Federal Court exclusively! The Second Amendment added a third term to the Council of Representatives on the provincial councils when Article 2 / third of the law decided that «provincial councils are subject to the control of the House of Representatives», a material that explicitly violates the provisions of Article 61 of the Constitution, which specified the terms of reference of the House of Representatives to monitor the performance of the executive authority exclusively ! And provincial councils under the law, the same article of the law is an "elected legislative authority" elected, and therefore no control of the House of Representatives on it! The Second Amendment added a third term to the Council of Representatives on the provincial councils when Article 2 / third of the law decided that «provincial councils are subject to the control of the House of Representatives», a material that explicitly violates the provisions of Article 61 of the Constitution, which specified the terms of reference of the House of Representatives to monitor the performance of the executive authority exclusively ! And provincial councils under the law, the same article of the law is an "elected legislative authority" elected, and therefore no control of the House of Representatives on it! The Second Amendment added a third term to the Council of Representatives on the provincial councils when Article 2 / third of the law decided that «provincial councils are subject to the control of the House of Representatives», a material that explicitly violates the provisions of Article 61 of the Constitution, which specified the terms of reference of the House of Representatives to monitor the performance of the executive authority exclusively ! And provincial councils under the law, the same article of the law is an "elected legislative authority" elected, and therefore no control of the House of Representatives on it!
The same law stipulates in Article 12 (I / 1) that "the transfer of the subdivisions, equipment, services and competences exercised by the Ministries of Municipalities and Public Works, Reconstruction, Housing, Labor, Social Affairs, Agriculture, Finance, Youth and Sports shall be carried out with their appropriations in the General Budget" , And to remain the role of ministries in the planning of public policy! At the same time, the law obliged the ministers of education and health to "delegate the necessary powers" to the provinces! But the law decides at the same time, in Article 32 that the ministries and entities not affiliated with the Ministry are obliged to notify the Governor of the contacts with their departments and facilities in the province to inform and monitor the implementation »! That is, converting the portfolios into mere "watchers" to implement the central orders! Article 4 / II also determines that the authority of the "Minister" to reject the candidate chosen by the Governor for senior positions in the province and approved by the Provincial Council (the positions of general managers and directors of the departments and heads of security services within the limits of responsibility of the province who receive their salaries from the province budget) To the vote of the «Council of Ministers» on the appointment of candidates for the post of Director-General or the degree! This means giving the real power, with regard to the appointment of senior positions in the province, to the central government!
This law reflects the chaos of legislation in Iraq, and also reflects the predominance of the central directions of the decision maker at the legislative and executive levels. The decentralization claims reflected in the political speeches are nothing more than propaganda.
With regard to the relationship between the House of Representatives and the provincial councils, the law also provides us with another conflict between centralization and decentralization when it gives the House of Representatives, without any constitutional or logical justification, jurisdiction over provincial councils! After the first text of the law before the amendments in Article 20 / II / B that "the Council of Representatives dissolved the Council by an absolute majority of its members at the request of the governor, or one third of the members" in cases referred to by the law. The first amendment added another mandate to the House of Representatives when it decided in Article (20 / II / A) that «the House of Representatives to object to the decisions issued by the provincial council if they are contrary to the Constitution or the laws in force, and in the absence of removal of the violation of the House of Representatives to cancel the resolution by a simple majority» ! In an explicit violation of the Constitution which gave the Federal Supreme Court exclusively this jurisdiction! It is not the competence of the House of Representatives to repeal any legislative or executive decisions issued by the provincial council or the governor, this jurisdiction must be the federal government and through the appeal of these decisions before the Federal Court exclusively! The Second Amendment added a third term to the Council of Representatives on the provincial councils when Article 2 / third of the law decided that «provincial councils are subject to the control of the House of Representatives», a material that explicitly violates the provisions of Article 61 of the Constitution, which specified the terms of reference of the House of Representatives to monitor the performance of the executive authority exclusively ! And provincial councils under the law, the same article of the law is an "elected legislative authority" elected, and therefore no control of the House of Representatives on it! The Second Amendment added a third term to the Council of Representatives on the provincial councils when Article 2 / third of the law decided that «provincial councils are subject to the control of the House of Representatives», a material that explicitly violates the provisions of Article 61 of the Constitution, which specified the terms of reference of the House of Representatives to monitor the performance of the executive authority exclusively ! And provincial councils under the law, the same article of the law is an "elected legislative authority" elected, and therefore no control of the House of Representatives on it! The Second Amendment added a third term to the Council of Representatives on the provincial councils when Article 2 / third of the law decided that «provincial councils are subject to the control of the House of Representatives», a material that explicitly violates the provisions of Article 61 of the Constitution, which specified the terms of reference of the House of Representatives to monitor the performance of the executive authority exclusively ! And provincial councils under the law, the same article of the law is an "elected legislative authority" elected, and therefore no control of the House of Representatives on it!
The same law stipulates in Article 12 (I / 1) that "the transfer of the subdivisions, equipment, services and competences exercised by the Ministries of Municipalities and Public Works, Reconstruction, Housing, Labor, Social Affairs, Agriculture, Finance, Youth and Sports shall be carried out with their appropriations in the General Budget" , And to remain the role of ministries in the planning of public policy! At the same time, the law obliged the ministers of education and health to "delegate the necessary powers" to the provinces! But the law decides at the same time, in Article 32 that the ministries and entities not affiliated with the Ministry are obliged to notify the Governor of the contacts with their departments and facilities in the province to inform and monitor the implementation »! That is, converting the portfolios into mere "watchers" to implement the central orders! Article 4 / II also determines that the authority of the "Minister" to reject the candidate chosen by the Governor for senior positions in the province and approved by the Provincial Council (the positions of general managers and directors of the departments and heads of security services within the limits of responsibility of the province who receive their salaries from the province budget) To the vote of the «Council of Ministers» on the appointment of candidates for the post of Director-General or the degree! This means giving the real power, with regard to the appointment of senior positions in the province, to the central government!
This law reflects the chaos of legislation in Iraq, and also reflects the predominance of the central directions of the decision maker at the legislative and executive levels. The decentralization claims reflected in the political speeches are nothing more than propaganda.
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