Federalism suspended the implementation of 6 paragraphs of the budget until the resolution of its co

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[size=52]Federalism suspended the implementation of 6 paragraphs of the budget until the resolution of its constitutionality[/size]

[size=45]Yesterday, Wednesday, the Federal Supreme Court issued a decision to suspend the implementation of some articles of the budget law until a lawsuit challenging its unconstitutionality is resolved.[/size]
[size=45]According to the court’s decision, the Prime Minister submitted his list and requested the issuance of an urgent state order to stop the implementation of Articles ((2 / first / 8 / c / 6) and phrases based on his request mentioned in Article (16 / second), (20 / sixth) and (28 / fourth / b), (57 / first / c), (62 / fourth), (63 / third), (65 / second), (70 / second), (71), (72), and (75)) From Law No. (13) for the year 2023 the general federal budget of the Republic of Iraq for the fiscal years (2023-2024-2025).[/size]
[size=45]And the decision continued that this suspension is pending the settlement of the lawsuit filed by the Sudanese to challenge these articles.[/size]
[size=45]He pointed out that the issuance of an urgent state order by the Federal Supreme Court is governed only by the controls and conditions that must be met for its issuance referred to in the Civil Procedure Law, due to the finality of the decisions issued by this court and not being subject to the methods of appeal that lie in submitting an application in two copies that includes facts, evidence, documents, and the availability of urgency. And not to enter the origin of the right and decide on it.[/size]
[size=45]The decision indicated that the audit of the request for the issuance of the state order by this court has proven that it has an urgent nature and a state of extreme necessity that requires its issuance with regard to Articles ((28 / fourth / a, b), (57 / first, c) and (65 / second). ) and (70 / second), (71) and (75)) of Law No. (13) for the year 2023 (the federal general budget of the Republic of Iraq for the fiscal years 2023-2024-2025), whose implementation is required to be suspended.[/size]
[size=45]He pointed out that responding to its content regarding it does not mean entering into the origin of the right and giving a prior opinion on the constitutional case filed before this court to challenge its constitutionality.[/size]
[size=45]The decision stated that the purpose of suspending implementation is to remedy the effects of the entry into force of these articles and to prevent them from arranging any result that is difficult to remove until a decision is made on their constitutionality or not, which requires stopping the enforcement of these articles.[/size]
[size=45]And he continues, “As for the request to suspend the implementation of the rest of the articles that lie in ((2/ first/ 8/ c/6) and the phrase (upon his request mentioned in Article (16/ second), (20/ sixth) and (62/ fourth) And (63 / Third) and (72) of Law No. (13) for the year 2023 (the federal general budget of the Republic of Iraq for the fiscal years (2023-2024-2025), so this court does not find an urgent case or necessity that requires stopping its implementation, which requires rejecting the request about it.”[/size]
[size=45]The court confirmed that the articles that were suspended are Article (28 / Fourth) and it reads (a- Obliging the Ministry of Finance to collect one percent of a thousand of the total salary of state employees (except for the Ministry of Interior) to be placed in the (Martyrs Fund) of the Martyrs Foundation referred to in Article 10 Third, from the Foundation Law, it is allocated to those included in accordance with Law No. (2) for the year 2006 and Law No. (20) for the year (2009) amended according to regulations issued by the Martyrs Foundation. And Law No. (20) of 2016 amending and transferring it to the Martyrs’ Fund account for the purpose of developing the institution’s financial resources for those covered by the above two laws).[/size]
[size=45]And Article (75 / First - C), which stipulates (0.001%) (one thousandth of a percent) of the total salary of all employees of the Ministry, both military and civilian, provided that the amount deducted is not less than (1000) (one thousand dinars) for each employee. ).[/size]
[size=45]And Article (65/Second), which stipulates (university councils may contract with the private sector to contract a partnership in the field of building educational hospitals, investment laboratories, scientific productive factories, and agricultural and animal investments in a way that serves primary and higher studies, scientific research, and society).[/size]
[size=45]And Article (70/Second), which states (the Ministry of Finance must add additional allocations to the workloads completed for the governorates within the regions development plan and disbursed from the period (1/1/2023) to (1/6/2023), and those amounts are calculated as an additional allocation for those governorates) .[/size]
[size=45]And Article (71) which reads: (The government is committed to ending the management of all state institutions by proxy no later than 11/30/2023), provided that the concerned department stops all financial allocations and administrative powers in the event that they continue after the aforementioned date, and the Council of Ministers must send those assigned to positions Heads of independent bodies and special grades (a) (b), undersecretaries of ministries and advisors to the House of Representatives before (30) thirty days from the above date, and the House of Representatives is obligated to take the decision by voting within (30) days from the date of sending the names).[/size]
[size=45]And Article (75) and its text (the date (31/12/2019) shall be adopted instead of the date (2/10/2019) approved by Cabinet Resolution No. (315) for the year (2019) in ministries and agencies not associated with a ministry).[/size]
[size=45]The decision proceeded to reject the request of a requester to issue the state order, the Prime Minister / in addition to his job, which includes a demand to stop the implementation of Articles ((2 / first / 8 / c / 6) and the phrase (at his request) mentioned in Articles (16 / second) and (20). / Sixth), (62 / Fourth), (63 / Third) and (72)) of Law No. (13) for the year 2023 (the federal general budget of the Republic of Iraq for the fiscal years 2023-2024-2025) due to lack of urgency or necessity to stop execution .[/size]
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