Ruling on unconstitutionality of two paragraphs of the disclosure instructions


The Federal Supreme Court ruled unconstitutionality of two paragraphs of the instructions of disclosure of financial disclosure No. (2) for the year 2017, indicating that their existence contradicts articles (47) and (80 / III) of the Constitution.

A statement issued by the Information Office of the Supreme Federal Court obtained the news agency N copy that "the court held its session on 20/6/2017 and considered the appeal case two paragraphs of the disclosure of financial disclosure issued by the defendant and the Prime Minister in addition to his job in accordance with his powers stipulated In Article 80 (III) of the Constitution. "

The statement added that "the first paragraph is (11 / I) of the instructions, which ruled to stop the payment of the employee's salary and allowances, which did not provide disclosure of financial dues during the period stipulated in the article."

"The other paragraph challenged is (12 / IV), the Integrity Commission is obliged to initiate a criminal action against the taxpayer to disclose his financial status when a case is struck against his interests and those mentioned in the article mentioned members of his family."

"The court found that the two texts constitute a violation of the provisions of Article (47) of the Constitution, which provided for the principle of separation between the three powers that make up the State of Iraq, namely legislative, executive and judicial."

He pointed out that "the statement of the two texts in the instructions issued to facilitate the implementation of the Integrity Commission Law No. (30) for the year 2011 constituted a violation of the objectives of the issuance of the studies, as the Integrity Commission's law did not contain a text authorizing the Integrity Commission to stop paying the employee's salary and allowances in the event that he does not submit a disclosure form Financial, which is a picture of the salary reservation. "

The statement added that "the law of the Integrity Commission and any of the penal laws did not contain a text to criminalize the existence of conflict of interest in the taxpayer when the disclosure of financial viability so that the Integrity Commission to initiate a criminal case against him," noting that "this measure can not be measured against other acts punishable by the Penal Code May be similar to a conflict of interest situation. "

The statement pointed out that "the measurement in the penal field contradicts the constitutional principle of no crime and no penalty except by text."

He added that "the two texts of the appeal constitute the addition of articles on the Integrity Act, and this addition when the need arises can be passed by the House of Representatives in the issuance of legislation in accordance with its powers provided for in Article (61 / I) of the Constitution.

The statement said that "the statement of these two texts in the instructions removes them from their role in Article 80 (III) because the task of operations is revealing and explained and directed to how to apply the law the subject of instructions issued to facilitate its implementation and not the establishment of texts added to the law.