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Do pending appeals disrupt the implementation of the budget?
April 26, 2021
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There is no legal challenge formally filed (Facebook)
The government intends to submit appeals to the Federal Budget Law for 2021 after it has been approved by the House of Representatives and approved by the President of the Republic, Barham Salih, and published in the Iraqi newspaper Al-Waqaeqat. This comes after the Ministry of Finance announced the existence of errors in the tables and texts of the 2021 budget announced in the Official Gazette.
The government's efforts to challenge the budget have not been flatly rejected by the House of Representatives, specifically the Parliamentary Finance Committee, which considered it a constitutional order.
The Treasury said that it had diagnosed errors in four paragraphs related to federal budget revenues, operating expenses and total capital expenditures, and would ask the Presidency of the Republic to reconsider some corrections, one of these errors was the existence of a difference in revenue estimates of nearly eight trillion dinars between what is in the first article first and the attached tables By the budget law, according to the numbers that "Ultra Iraq" was shown.
The Secretary of the Supreme Coordinating Committee for the Governorates, Kazem Sahlani, also indicated that the government presented the budget in the amount of 170 trillion dinars, while the bill was approved at 129 trillion.
In turn, Minister of Planning Khaled Battal announced that he would challenge an article in the budget related to auditing and controlling plans submitted by governors and an article requiring ministries to transfer some formations and include them to the Federal Service Council.
During its last weekly session, the Council of Ministers authorized Prime Minister Mustafa Al-Kazemi to file an appeal with the Federal Court regarding some provisions of the budget, which amounted to more than ten articles, according to what was revealed by Mazhar Muhammad Saleh, the financial advisor to the Prime Minister, who indicated that the House of Representatives "added amendments. On the budget, it places a constraint and a burden on the executive authority, "including the increase in expenditures and the increase in the deficit, considering these additions an" overlap between the work of the authorities. "
'No justification for stabbing'
The government's efforts to challenge the budget have not received a blatant rejection from the House of Representatives, specifically the Parliamentary Finance Committee, which considered it a constitutional matter. On it.
Al-Zorfi said in press statements that "any paragraph in the budget costs the government and the budget additional sums outside the allocated sums. The government has the right to challenge them before the Federal Court."
Regarding the effects, Shirwan Mirza, another member of the Parliament's Finance Committee, says that the government's appeal to some budget articles "does not have any effects on the passage of the remaining paragraphs of the budget," while awaiting a definitive answer from the Federal Court and determining whether there are errors in the law or not.
No disruption of the budget
So far, there is no legal challenge formally submitted, even if it is, it will not stop anything until a decision is issued by the Federal Court, as confirmed by legal expert Jamal Al-Asadi, who indicates that appeals are submitted on the basis that the contested article in the budget violates the provisions of the constitution .
The unconstitutionality of some articles in the budget law, which means, according to Al-Asadi, the freezing of this article or materials by the House of Representatives, and this also means that the budget items and articles remain and their application except for what is being challenged, as the government begins implementing the budget in what is published in the Official Gazette until a decision is issued by Federal Court.
Al-Asadi added in an interview with Ultra Iraq: "In the event that any article is unconstitutional, the House of Representatives is expected to correct the constitutional error or the end of the fiscal year without applying the contested article or articles."
Al-Asadi believes that freezing some articles through appealing them will not affect the rest of the budget paragraphs, because "there is no connection between them, each article with its article," while the legal expert is likely to continue the issue of Al-Tawil for a long period, and he expects that "the elections will pass before the decisions on appeals are issued."
A legal expert believes that freezing some materials through challenging them will not affect the rest of the budget paragraphs
In this context, the Ministry of Finance confirmed in a statement (April 25) that it had completed the instructions for implementing the Federal Budget Law approved by the Presidency of the Republic, stressing that "appeals to the federal budget will not delay its implementation."