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A lawyer responds to Al-Halbousi: No country in the world dares to stop salaries
Shafaq News/ Legal expert Ali Al-Tamimi stated, on Saturday, that the Iraqi state is obligated to pay the salaries of employees and retirees, and to continue public spending even with the presence of the current caretaker government headed by Prime Minister Mustafa Al-Kazemi.
This comes in response to what Parliament Speaker Muhammad al-Halbousi said earlier in the day that “the financial management law, which will continue to manage the country’s financial affairs in case the 2023 budget is not approved, will not allow any additional financial spending, which will put the country in front of major economic crises, a phase of year 2022".
Al-Tamimi said in a statement today, “The text is explicit and clear in Article 13 first of the Financial Management and Public Debt Law 6 of 2019 in the event of delay in approving the budget until December 31, the Minister of Finance will issue circulations of exchange at a ratio of 1 to 12 of the total expenditures of the previous budget.” .
He explained that this means that there is a legal continuation of spending even if the budget continues to not be approved and the 2021 budget is adopted, and this is the legal basis because no country in the world dares to stop salaries and public spending, and even with the caretaker government, one of his most important priorities is the payment of salaries.
And he added, “It is not possible to read the text in Article 13 with a static view that strays from the legislative dimensions intended by the legislator, and it is not hidden from the clever legal, as it is understood from it the adoption of the monthly percentages for the closest budget that has been legislated, and certainly this is the closest to reality in line with Articles 30 and 31 of the constitution obligating the state to provide Salaries and incomes, as without that the state will vanish and there is no legal value for its existence,” noting that “the presence of the government is associated with and accompanies the presence of public utilities.. the basis of its permanence are salaries.”
He continued by saying, "Once again, the text says in Article 13 of the Financial Management and Public Debt Law for the previous fiscal year, that is, that preceded the legislation of the budget law, and this does not mean the year adjacent to it, because the important thing is the existence of a previous legislated budget, whether it was two or three years, and there is no diligence in the resource of the text."
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This comes in response to what Parliament Speaker Muhammad al-Halbousi said earlier in the day that “the financial management law, which will continue to manage the country’s financial affairs in case the 2023 budget is not approved, will not allow any additional financial spending, which will put the country in front of major economic crises, a phase of year 2022".
Al-Tamimi said in a statement today, “The text is explicit and clear in Article 13 first of the Financial Management and Public Debt Law 6 of 2019 in the event of delay in approving the budget until December 31, the Minister of Finance will issue circulations of exchange at a ratio of 1 to 12 of the total expenditures of the previous budget.” .
He explained that this means that there is a legal continuation of spending even if the budget continues to not be approved and the 2021 budget is adopted, and this is the legal basis because no country in the world dares to stop salaries and public spending, and even with the caretaker government, one of his most important priorities is the payment of salaries.
And he added, “It is not possible to read the text in Article 13 with a static view that strays from the legislative dimensions intended by the legislator, and it is not hidden from the clever legal, as it is understood from it the adoption of the monthly percentages for the closest budget that has been legislated, and certainly this is the closest to reality in line with Articles 30 and 31 of the constitution obligating the state to provide Salaries and incomes, as without that the state will vanish and there is no legal value for its existence,” noting that “the presence of the government is associated with and accompanies the presence of public utilities.. the basis of its permanence are salaries.”
He continued by saying, "Once again, the text says in Article 13 of the Financial Management and Public Debt Law for the previous fiscal year, that is, that preceded the legislation of the budget law, and this does not mean the year adjacent to it, because the important thing is the existence of a previous legislated budget, whether it was two or three years, and there is no diligence in the resource of the text."
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