Secrets of the "expected" decision... Why did the government challenge some budget articles?
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2023-07-04 15:40
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Shafaq News/ The Parliamentary Finance Committee revealed the reason behind the government's appeal against a number of paragraphs of the general budget law, and while specialists ruled out that this appeal would lead to stopping work on the budget, they confirmed the legality of the appeal, as it was issued after the law came into force.
Yesterday, Monday, Prime Minister Muhammad Shia al-Sudani submitted an appeal to the Federal Supreme Court against a number of paragraphs of the general budget law, with a request from the court to issue a (state order) to stop the implementation of these articles after the law entered into force until the court decided to challenge the constitutionality of these articles.
The reason for the appeal
The Parliamentary Finance Committee attributes the reason for the appeal, to the fact that “these articles, from the government’s point of view, are illegal and unconstitutional, and that these and other articles were a point of contention within the Finance Committee, as they were not agreed upon by all members of the committee, but were passed after a vote of 50 plus one.” .
A member of the committee, Jamal Cougar, confirms to Shafaq News agency, "Not all of the budget materials passed are approved by all members of the Finance Committee, for example the paragraph of deducting one out of a thousand employees' salaries, which he previously resorted to in Haider al-Abadi's government and was appealed against. In the Federal Court, it was rejected, but currently this paragraph has gained the most votes and has been passed.
Cougar warns, "But there are cases that are actually illegal, and we expected them to be challenged, and some deputies brought them up to please the street, for example creating appointments, adding and confirming new contracts. This is not the prerogative of the parliament, but rather the exclusive prerogative of the executive body."
Will the budget work stop?
For his part, Dhiaa Al-Mohsen, a researcher in financial and economic affairs, points out that "the budget has become obligatory for implementation by the executive authority after it was approved by the House of Representatives, approved by the President of the Republic, and published in Al-Waqea' Al-Iraqi newspaper."
Al-Mohsen added to Shafaq News agency, "But it seems that the government had a different opinion on some of the items that were added by the parliament, and these items seem from the government's point of view to have a financial side that may increase the budget deficit."
And he continues, "Therefore, the government decided to appeal against these articles only. As for what is related to the fact that the appeal may lead to stopping work on the budget, it is incorrect, as other budget items (other than the contested articles) will be implemented, and the Ministry of Finance has issued instructions for implementing the budget." .
The constitutionality of the challenge
Regarding the constitutionality of this appeal, the legal expert, Haider Al-Soufi, explains that "the constitutional article stipulates that the appeal to the Federal Supreme Court is based on the laws in force, and the budget is an applicable law."
Al-Sufi confirmed to Shafaq News agency, "Therefore, in accordance with the provisions of the constitution, the government and anyone who has an interest and the public prosecutor may challenge the budget law, like any other law, after its entry into force and its publication in the Official Gazette."
On Monday, June 26, 2023, the official Iraqi Gazette published by the Ministry of Justice published the text of the General Budget Law for the years (2023, 2024, and 2025).
In turn, the President of the Republic, Abdul Latif Jamal Rashid, approved, on Wednesday, June 21, 2023, the Federal Public Financial Budget Law.
On June 12, the Iraqi parliament voted on the financial budget for the three years (2023-2024-2025), with a value of 198.9 trillion Iraqi dinars ($153 billion) per year, with a total deficit of 63 trillion dinars ($48.3 billion). While the items of the budgets for the years 2024 and 2025 have not been published.
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2023-07-04 15:40
Share
Font
Shafaq News/ The Parliamentary Finance Committee revealed the reason behind the government's appeal against a number of paragraphs of the general budget law, and while specialists ruled out that this appeal would lead to stopping work on the budget, they confirmed the legality of the appeal, as it was issued after the law came into force.
Yesterday, Monday, Prime Minister Muhammad Shia al-Sudani submitted an appeal to the Federal Supreme Court against a number of paragraphs of the general budget law, with a request from the court to issue a (state order) to stop the implementation of these articles after the law entered into force until the court decided to challenge the constitutionality of these articles.
The reason for the appeal
The Parliamentary Finance Committee attributes the reason for the appeal, to the fact that “these articles, from the government’s point of view, are illegal and unconstitutional, and that these and other articles were a point of contention within the Finance Committee, as they were not agreed upon by all members of the committee, but were passed after a vote of 50 plus one.” .
A member of the committee, Jamal Cougar, confirms to Shafaq News agency, "Not all of the budget materials passed are approved by all members of the Finance Committee, for example the paragraph of deducting one out of a thousand employees' salaries, which he previously resorted to in Haider al-Abadi's government and was appealed against. In the Federal Court, it was rejected, but currently this paragraph has gained the most votes and has been passed.
Cougar warns, "But there are cases that are actually illegal, and we expected them to be challenged, and some deputies brought them up to please the street, for example creating appointments, adding and confirming new contracts. This is not the prerogative of the parliament, but rather the exclusive prerogative of the executive body."
Will the budget work stop?
For his part, Dhiaa Al-Mohsen, a researcher in financial and economic affairs, points out that "the budget has become obligatory for implementation by the executive authority after it was approved by the House of Representatives, approved by the President of the Republic, and published in Al-Waqea' Al-Iraqi newspaper."
Al-Mohsen added to Shafaq News agency, "But it seems that the government had a different opinion on some of the items that were added by the parliament, and these items seem from the government's point of view to have a financial side that may increase the budget deficit."
And he continues, "Therefore, the government decided to appeal against these articles only. As for what is related to the fact that the appeal may lead to stopping work on the budget, it is incorrect, as other budget items (other than the contested articles) will be implemented, and the Ministry of Finance has issued instructions for implementing the budget." .
The constitutionality of the challenge
Regarding the constitutionality of this appeal, the legal expert, Haider Al-Soufi, explains that "the constitutional article stipulates that the appeal to the Federal Supreme Court is based on the laws in force, and the budget is an applicable law."
Al-Sufi confirmed to Shafaq News agency, "Therefore, in accordance with the provisions of the constitution, the government and anyone who has an interest and the public prosecutor may challenge the budget law, like any other law, after its entry into force and its publication in the Official Gazette."
On Monday, June 26, 2023, the official Iraqi Gazette published by the Ministry of Justice published the text of the General Budget Law for the years (2023, 2024, and 2025).
In turn, the President of the Republic, Abdul Latif Jamal Rashid, approved, on Wednesday, June 21, 2023, the Federal Public Financial Budget Law.
On June 12, the Iraqi parliament voted on the financial budget for the three years (2023-2024-2025), with a value of 198.9 trillion Iraqi dinars ($153 billion) per year, with a total deficit of 63 trillion dinars ($48.3 billion). While the items of the budgets for the years 2024 and 2025 have not been published.
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