Iraqi government documents: reveal constitutional violations budget 2017

March 18, 2017

Revealed Prime Minister Haider al - Abadi, a weekly press conference, dated 14.03.2017, for lifting a case at the Federal High Court to challenge the provisions and articles of the budget for the year 2017 Act, because of their prejudice the lives of Iraqi citizens, especially now that the country is going through tough times of war The exodus of financial crisis.

Abadi said that any modification or addition of new materials on the budget by the House of Representatives without a review of the government, is a violation of the law according to the Constitution.

It appeals Abbadi said a fault parliamentarian , as has the redeployment of more than 50 billion Iraqi dinars from sensitive allocations to account members of the House of Representatives; to cover differences in salaries, and did not go to the needy or displaced or poor or infrastructure construction, investment or to the health sector or education, but the salaries of his salary, stressing the right of the cabinet authorized to transfer the legal challenge before the Federal Court.

He is also a mistake to carry the Integrity Committee member Mishan al - Jubouri, in a televised interview, wondering about the reasons for her Abadi announcement at this time.

As a member of the Finance Committee Magda Tamimi , she stated that " the House of Representatives during the discussion of the draft financial budget for the current year the law went towards the increase in the number of constitutional paragraphs, at a rate of half the material sent by the government, and this is contrary to the Iraqi constitution , " indicating that "the budget bill It represents a vision of the Iraqi government, not the viewpoint of parliament. "

And the legal expert Tareq Harb to change some provisions of the budget law is a violation of the Constitution as stated in Article 62 , which is in the House of Representatives the power and select the validity and did not make it absolutely devoted this power did not make it public in Itagaar its budget for other laws. " As it is a constitutional violation, and gives the government the right to challenge it before the Supreme Federal Court and gives the constitutional basis for this court not to abolish the Champions provisions added by the Parliament on the budget law is not in accordance with the rulers of Article 13 of the Constitution being sentenced is unconstitutional.

The Abadi said that the voting members of the House of Representatives on the paragraphs of the contested them are not aware of most of Representatives them, were concealed in a professional manner, otherwise they do not agree on them, calling for financial disclosure for officials and firmness in the follow - up to everyone according to the law, and the fight against corruption in all its forms and go to the country.

These are the details of the case presented by al - Abadi of the Federal Supreme Court to challenge some of the budget items for 2017, and from the General Secretariat of the Council of Ministers represented by the Prime Minister / in addition to his / her agent assistant legal adviser Haider net on 06.02.2017 number 02/02/68 / 006 827, against the defendant: House Speaker / in addition to his job.

I've been approving the federal budget of the Republic of Iraq , No. 44 of 2017, in the fronds facts of Iraq in 4430 the number in 09/01/2017, as it ensures the inclusion of a number of substances were not in the bill which was submitted to the government, and the inclusion of any amendment to delete In addition, means there are constitutional violations of both formal and substantive, constitutional judiciary in Iraq, the Council of Ministers decided to No. 30 of 2017 challenged certain provisions and articles contained in the Act for the following reasons:

Article 62 of the Constitution , passed the House of Representatives transfers between the sections and chapters of the general budget and reduce the total exaggeration, and passed also , if necessary , increase the amount of total expenditures, but that does not mean exceeded executive power, having proposed to the Council of Ministers, as responsible for the planning and implementation of public policy of the state.

Article 80 of the Constitution, are concerned with what comes to substantive amendments to the draft submitted by the government, the text of the constitutional judiciary in many of its provisions, including the decision 25 / Federal Court / 2012, dated 22.10.2012, as ruled by the court " is not entitled to the Board Representatives for substantive amendments to the budget submitted by the government project ", as well as resolution 21 / Federal / 2015 and Mouhdtha 29 / Federal / 2015, as it spent" to replace members of the House of Representatives Law No. 6/2006 is not the laws that affect the principle of separation of powers no financial implications added to the executive branch, and does not constitute in contrast with the general policy of the state, does not affect the public policy of the state, nor the judiciary or their independence, has its own legislation came directly competence inherent provided for in Article 61 of the Constitution, and according to the provisions of Article 49 / V , here are objectionable: " I do not have the right to the Council of Representatives legislation laws without reference to the government or modify the texts proposed by the Council of Ministers , which, if it resulted in additional financial implications, or conflicted with the public policy of the state.
Here irregularities came to the Iraqi parliament for constitutional texts we note in the material below the following abuses:

- Article 2 / I / F: recalling producing specialties provinces 0.5% of the crude oil revenue, or 5% of refined oil revenues, or 5% of gas revenues natural, to have to choose one of those revenues, provided that the allocation of 500 billion Iraqi dinars important projects of the province, and the Ministry of Finance to issue treasury bonds to pay off the rest of the amounts mentioned in the case did not cover allocated to the province amounts, according to the quantities exported by the Ministry of oil (SOMO) company or any other mechanism, the amounts that should be the Ministry of Finance issued treasury bonds to pay off those big entitlements so that will not be subject to the purchase, and return mentioned the ratio of the said law is not possible in the light of the deteriorating oil prices, on the other hand; the BSA has not in any investigation required to determine eligibility the provinces, to the Ministry of Finance and the duty to be paid by the issuance of treasury bonds.

- Article 8 / V. made no mention whatsoever of the Ministry of Peshmerga, as it has to add the words (including guarantees the salaries of the Peshmerga) , adopted in the government project in Article 9 / V / , which provides for the allocation of a percentage of the federal ground forces allocations for the army to Peshmerga text instead according to population ratios as part of the Iraqi security system, as was the deletion of the phrase (percentage of population) and as Peshmerga part of the security system, the text became inconsistent with the first item of Article 9 / , which stipulates that the Iraqi armed forces and security services of the components of the Iraqi people.

- Article 11 / III / Vtdment in addition to the two ministries excluded from appointments ministries which Displacement and Migration, which leads to the expansion of public expenditure and this is incompatible with the provisions of Article 62 / II of the Constitution.

- Article 11 / V / under which recycles vacancies within the angel movement, as the appointment shall be allocated to the Ministry of the Interior of the areas liberated from terrorism grades, and this is contrary to the principle of equal opportunities, passed by the Constitution in Article 16 and Article 23, which guaranteed the right to work for all Iraqis sons exclusively the province, which creates financial implications government is unable to bear part of the financial crisis.

- Article 11 / Sixth: This article allows the calculation of the contractual service for the purposes of the bonus, promotion, retirement and all the consequent financial implications are incompatible with Article 62 of the Constitution, which allowed transfers between the sections and chapters of the budget and reduce the amount.

- Article 12 / First: that gave conservative authorize the implementation of projects of not more than 10 billion Iraqi dinars, which belongs to the Ministry of Health and the Construction and Housing, municipalities, agriculture and social culture, youth and sports affairs, is that some provinces are still unable implementation of strategic projects, the lack of ingredients and cadres.

- Article 14 / V. include compel ministries and departments not associated Bozerh Council of Ministers resolution No. 347 a year in 2015 and this would restrict the council not to amend the law, while the Council should have the flexibility that enables it to manage the affairs of state.

- Article 18 /: This includes the possibility of hiring a staff of registration centers and the Department of political parties and organizations, which is a financial burden on the government, because they can install all the contractors in previous years, making Me not need the Commission to contract again, and that requiring the Ministry of Finance to transfer grades and customization financial unwilling to move from the interior ministry to the other of carrying university degrees ministries, and this affects the security establishment unloading of degree holders, under a security difficult circumstances, is this a matter of appreciation is due to the two ministers specialists, either stop the transfer and placement to the three presidencies and re-associate to their constituencies and that it is acceptable, that leads to offload the presidential institutions of cadres efficient, and there is a paragraph referring to assume the Ministry of Finance to pay the salaries of Mhalin hired from self-financing corporate staff and bear the burdens of differences Toukavathm to contractual retired state employees fund, here are the Ministry of Finance confirmed that it does not possess financial allocations for it.

- Article 24, which is allocated 50% of the administrative units that have been levying fees, and retaining it will lead to the public treasury deprived of important sums of money to finance ministries and projects.

- Article 26 / and make each version the House of Representatives for approval, leading to pushing the legislative power in the executive matters, and this is contrary to the principle of separation of powers was confirmed by Article 47 of the Constitution.

- Article 27 stated preference is a local product Psonbh 10% compared to the importer, this ratio is high in light of a difficult financial situation.
- Article 32 concerning the payment of Ministries of State for Foreign commitments in the Arab and international organizations, as we find that there is no link between the payment of what the Iraq international obligations and between receiving a maturity of jobs and administrative positions, as the Tllk expenditures ruling not be compromised, either what it takes the Ministry of Finance feasibility study of investments, contrary to the government's policy of strengthening Arab cooperation.

- Article 33, which include the distribution of cuts amounting to 3.8% of the salaries and allowances of civil servants and pensioners, as spotted multiple programs, not including emergency, which means being unconstitutional.

- Article 35 / which included the exemption of raw materials and imported components and products for the electrical and mechanical energy generation from solar, wind, the sector companies in productivity, which is used exclusively in the production processes, and this is contrary to the government text subjecting goods for fees of all, with the exception of contracts concluded before 1/1 / 2017, which aim to maximize the resources of the state and part of the profits goes to supplement the state treasury.

- Article 47, which dealt with the redeployment of operational allocations for unions, federations and associations, except for international contributions to conferences, to the Ministry of Labour and Social Affairs, the rehabilitation of women and children and widows liberated areas, leading to increased public expenditure as the State is obliged under the Constitution to provide support to unions, and this shows to the Constitution the provisions of Article 22 of the Constitution.

- Article 48, which the federal government and the Oil Ministry has committed to review the oil licensing rounds decades to modify items for the benefit of Iraq, economic, and these contracts binding the two parties (Iraq side, companies), and the second party successful.

- Under article II itself necessitated the Ministry of Finance set-off between the debt owed by the company about the companies and dues, and this is not possible, as have owed Oil Products Distribution Company profits have not been Mphasaltha with the debt owed by ministries.

- Article 49 under which has the redeployment of 10 billion Iraqi dinars from the Ministry of Immigration allocations and displaced to the Finance Ministry, to cover the fees and interest mortgage from the Land Bank granted for (Anbar, Nineveh, Salahuddin) and the breadth of the size of the liberated areas, and the magnitude of the financial crisis, making the state treasury is unable to meet those obligations, requires strengthening the Ministry of Displacement and migration capabilities for the advancement of legal obligations and to alleviate suffering, not withholding it.

- Article 52 / Edit expenditures ruling agenda to be medical equipment and medical supplies, rather than government text, which is limited to medicine, which affects the health situation due to the limited medicines allocations.

- Article 56 / and the law contained specific provinces border crossings revenues, for the development of infrastructure for ports, borders and its neighboring areas, are direct 2017; Nha not included in the overall budget allocations specified by law.

- Article 57 under which the withheld interest of the peasants in favor of the Agricultural Bank for the first year and subsequent years will be similar to the interest rates of bank Rafidain and Rasheed, as the pacta sunt servanda, the interest of farmers and obligatory means.

- Article 59 / which included transfers amounts of points to other destinations that will affect the Basrah Gas dues.

After viewing the constitutional violations and the amendments made by the House of Representatives and the material added by the government on the project as it came in a suit Abadi on the head of the House of Representatives in addition to his job Abadi he said it involves exceeded executive role of the government and contrary to the legislative mechanism set by the Constitution.

He also stressed that it is a clear violation of the separation of powers principle expounded by Article 47 of the Constitution and the confiscation of the means and the tools to the advancement of the tasks assigned to them under Article 80 of the Constitution and contrary Magher by the Iraqi constitutional court, it came to claim for the unconstitutionality of the substances listed above mentioned canceled for violating the no rulers the Constitution .

He called Al - Abbadi lifting of Displacement and Migration, phrases, and the Ministry of Electricity contained in article 11 , item III, and calculating the nodal service for the purposes of the premium and the signing of the contract, contained in Article 11 / VI and re - associate the three presidencies of the original constituencies, contained in Article 18 / e.

He stressed Abadi in the suit on display every issue on the House of Representatives for approval, contained in Article 26, the domestic product is contained in Article 27, and the inability of first item of Article 33 of the law above mentioned is a medical equipment and supplies, as contained in the second clause of Article 53 of the previous reasons.

Shatha Khalil
Unit Economic Studies
links Centre for Research and Strategic Studies