Parliament votes to end assigning Abdul-Jabbar the duties of Minister of Finance

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[size=52]Parliament votes to end assigning Abdul-Jabbar the duties of Minister of Finance[/size]

[size=45]Baghdad/Bright news[/size]
[size=45]Yesterday, Tuesday, the House of Representatives voted to end the assignment of Oil Minister Ihsan Abdul-Jabbar with the duties of the acting Minister of Finance, attributing this to the conflict of assignment with the laws in force.[/size]
[size=45]For their part, legal experts confirmed the invalidity of the parliamentary decision, pointing out that the exclusive jurisdiction to terminate the assignment is the Council of Ministers, stressing that the caretaker government is not subject to the oversight of Parliament as it resigned by law.[/size]
[size=45]According to Parliamentary Resolution No. (16) of 2022, “the House of Representatives decided yesterday to terminate the assignment of the Minister of Oil with the duties of the Minister of Finance as an agency. The decision referred to “the Prime Minister assigning a member of the Council of Ministers the post of Deputy Minister of Finance in line with the constitution and the law.”[/size]
[size=45]He added, "The decision was issued based on the provisions of Articles 61/Second and (66) of the Constitution and in view of the intersection of the assignment of the Minister of Oil in the government of the care of day-to-day affairs to the position of the Deputy Minister of Finance from the Federal Financial Management Law No. 6 of 2019 amended in Articles (30-31 /). Secondly-33-34/First-35-36-37/Second-38) of it.” He pointed out that "the decision to assign contradicts the requirements of transparency, impartiality, and the need to prevent the Minister of Oil, in his capacity as responsible for the most important public revenues in the state, from assuming the position of Minister of Finance, who is responsible for monitoring the financial and accounting transactions of state ministries, including the Ministry of Oil." A member of the Finance Committee, Hassan Al-Sabri, said, in a statement to Al-Mada, that "Parliament dealt with assigning Oil Minister Ihsan Abdul-Jabbar with the duties of the Minister of Finance in two phases."[/size]
[size=45]Al-Sabri continued, "The first stage included the recommendation to end the assignment, a measure that was taken the day before yesterday, but Parliament voted today to end this assignment."[/size]
[size=45]He pointed out that "the management of the Ministry of Finance will be by proxy during the next stage, which is something the Iraqi political system is accustomed to," noting that "the government has many options in assigning this ministry either to one of the current agents or assigning it to another minister who manages it in addition to his original tasks." Al-Sabri stressed that "the parliament's decision to terminate Abdul-Jabbar's assignment came against the background of many corruption files and problems in the Ministry of Finance." He noted, "The ministries of finance and oil are among the large and sovereign ministries and cannot be managed by one person. We believe that this task will be difficult."[/size]
[size=45]Al-Sa'bri went on to say, "The past experience in which the two ministries were assigned to one person showed that there is an intersection between them, with which each ministry should be assigned to a person to be fully devoted to it." For his part, Professor of Constitutional Law at Al-Mustansiriya University, Wael Munther, stated, in an interview with (Al-Mada), that “the parliamentary decision that was taken today to end the assignment of Abdul-Jabbar with the duties of the Minister of Finance, does not fall within the powers of Parliament.”[/size]
[size=45]Munther continued, "The legal rules give the right to terminate the assignment of the position by proxy to the person who initially assigned this position."[/size]
[size=45]He pointed out, "The power of attorney process has taken place in the Council of Ministers, and it has the exclusive right to end this process." Munther stressed, “The current government is to carry out the daily tasks; Therefore, the current House of Representatives cannot have any mandate over it by moving its political responsibility, which includes withdrawing confidence from the minister in case he commits violating acts.” And he continues, "The minister is the one who has withdrawn confidence in the first place, considering that the caretaker government today takes the status of the resigned government." Munther finds that “it was better for Parliament to issue a decision that includes a request from the Council of Ministers to end assigning Ihsan Abdul-Jabbar with the duties of the Minister of Finance.” And he stressed, "The process of assigning the Minister of Oil to the duties of the Minister of Finance is correct from the beginning, because we are in a caretaker government of daily tasks, so we cannot add any new minister to replace the resigned Ali Abdul Amir Allawi."[/size]
[size=45]Munther concluded, “The current parliament did not give confidence to the government that handles daily tasks, and therefore it is not entitled to vote on any candidate to fill the duties of a new minister in it, and the only measure from an administrative point of view that can be taken is to assign the ministry after the resignation of its minister to another acting.”[/size]
[size=45]For his part, legal expert Muhammad al-Samarrai said in a post on social networking sites (Facebook), that "the House of Representatives does not have the right to issue legislative decisions, and this was confirmed by the Federal Court in a previous decision."[/size]
[size=45]Al-Samarrai added, "The legislative decision issued by the House of Representatives to terminate the assignment of the Minister of Oil from the position of Minister of Finance as an agency is a violation of the principle of separation of powers."[/size]
[size=45]He pointed out, "The decision is also considered an interference in the government's work, in addition to that it is basically not binding on the caretaker government, which did not take confidence from the current parliament."[/size]
[size=45]In mid-August, Prime Minister Mustafa Al-Kazemi assigned Oil Minister Ihsan Abdul-Jabbar with the tasks of managing the Ministry of Finance as an agency.[/size]
[size=45]The commissioning decision came after the approval of the resignation of Finance Minister Ali Abdul Amir Allawi.[/size]
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