Urgent Federal Court issued a decision on the appeal to certain articles of the budget law



2017/8/21 14:26


{Baghdad: Euphrates news}

Federal Supreme Court on Monday, a decision on the appeal on some articles of the law on the federal budget for the current year.

According to a statement by the Director of the information Office of the Federal Supreme Court ayas alsamok received {Euphrates news} copy today that "the Court today hearing presided over by judge Medhat Mahmud appeal to consider a question on some articles of the law on the federal budget number 44 for the year 2017.

"The court verdict unconstitutional articles {2/I/f}, and {8/ V}, {11/III}, and {11/v/c}, and {11/v/d}, and {12/I}, and {14/v}, {18}, and {18/f}, {26}, {27/a}, {33/I}, and {35/a/b}, and {48/II}, and {49} and {56} and {57} and {59}.

And "those articles unconstitutional judgment came that deputies may skip terms contained in article {62} of the Constitution relating to the budget law and increased burdens on legitimate from the Cabinet without returning him."

He said "the Court of Appeal dismissed {11/vi}, and {18/c}, and {18/d}, and {24/c}, and {32/v}, {32/v/g}, and {47}, {48}, {53}, the fact that the House had not planned his powers on legislation and that it did not impose financial burdens or increase in the deficit."

Media Office Manager was the third person suit dismissed and is the head of the Independent Electoral Commission add the function akhtsamia as regards the unconstitutionality of article {18} of budget law.

He noted that "the decision was made in light of the contested material review and prosecution petition and annexes and the respondent's defences added to his job and third persons to their side and then return to the report adopted unanimously five experts and read articles of the Constitution governing the subject of dispute in particular article {62} Constitution."

Media Office Manager confirmed that "the Court found after studying a report that meets the mission entrusted to experts and explanation and reasoned and went to adopt a reason to judge in a lawsuit based on article {140} of the evidence Act number {107} 1979 year taking into account what is stated in articles of the Constitution concerning budget".

Federal Supreme Court decision guarantees regarding the challenged material no unconstitutional.

Follows:

1. in connection with the appeal contained on article {2/I/f} of the budget committed the Government to issue Treasury bonds to reimburse provinces producing oil or natural gas which has been Baghdad's Finance Ministry limits {10} trillion dinars, except such bonds are benefits payable by the Government thus increasing public deficit and this text constitutes a derogation from article {62/II} of the Constitution because it put without reference to the Cabinet.

2. in connection with the appeal contained in article {8/ V} of the Bill containing the portion of federal ground forces customizations Iraqi army and had considered under this provision of the security forces and not part of the land forces, adding that the text did not restrict the number of officers and troops by a population lineage leading to increased financial burdens to balance so that text is a departure from the provisions of article {62/II} of the Constitution, because it put the House without reference to the Cabinet.

3. in connection with the appeal contained on article {11/III} of the budget law, adding the ministries of immigration and displaced persons and electricity to those excluded from appointments off by grading works vacancies resulting from movement of the angel that had not been allocated in the 2017 budget entailing further expenditure without reference to the Cabinet and that this is contrary to the provisions of article {62/second} from the Constitution.

4. in connection with the appeal contained on article {11/v/c} of the budget allows ministries and other actors maintain grades vacancies as a result of the Angel movement had not been allocated in the budget of 2017 resulting when an increase in public spending for salaries for running these steps without reference to the Cabinet and to put this text constitutes a violation of article {62/second} from the Constitution.

5. in connection with the appeal contained on article {11/v/d} of budget law that kept the appointment to the grades given in table {c} manpower allocated to the Ministry of the interior provinces and the liberated areas of terrorism on her sons, this restriction is incompatible with the principle of reward opportunities among Iraqis stipulated by articles {14} and {16} of Constitution and violation.

6. in connection with the appeal contained on article {12/I} of budget law that raised the authorization issued by the Minister of the roof to the Governor after what was specified in the budget bill b {10} billion dinars, a House that {any lifting ceiling} article {123} of the Constitution and article {47} him so competent executive power this action and no specific legislative authority, as well as inconsistent with the provisions of article {62/second} from the Constitution.

7. in connection with the appeal contained the text of article {14/v} of budget law that obliged the ministries and bodies numbered Cabinet resolution {347} the year 2015 which was not contained in the Bill and reflected in the budget law would restrict the Cabinet canceled uttadilh depending on circumstances which caused released thus had contravened House include this text without reference to the Cabinet the principle of separation of powers stipulated in article {47} of the Constitution as well as his powers provided for in article {62}.

8. in connection with the appeal contained on article {18} of budget law that allows the ihec hiring staff registration centers and revolving staff parties and political organizations without budget allocations resulting in increased financial expenditures for the general budget and without reference to the Cabinet, to put this text constitutes a violation of article {62/second} from the Constitution.

9. in connection with the appeal contained in article {18/f} of budget law which obligated to pay retirement benefits authority for all of his retirement without {50} from corporate employees and self-financed general directorates and you receive a grant from the public purse, from the date of referral to retire the Treasury is committed to pay their pensions to the Pension Fund, advanced text mode of the House without reference to the gooseT even though he arranges an increase in public expenditure and increases the federal budget deficit for the year 2017 for not putting financial allocations in the budget covering its so challenging the constitutionality of the text based on article {62/II} of the Constitution and that settled it experts in their report in paragraph {12} and thrust than otherwise in violation of the provisions of article {62/II} of the Constitution except that which was the subject of appeal article {18/f} of budget law needs to address the legality of Government to transmit to retire without his desire and without age {50} and his serve at least {15} years and deprived of his salary and deprived of his pension, contrary to the provisions of article {12/III} of {9} number 2014 year retirement law which still window based on article {130} of the Constitution.

10. with regard to the appeal contained in article {26} of Deputies said budget to the Ministry of finance required before issuance of money orders or Treasury at the request of the Ministry of oil showing this version to the House to get approval, the Federal Supreme Court found that it is time again for authentication that were within the budget as well as authentication delays the process versions and contrary to article {47} of the Constitution which stipulates the separation of powers in relation to competences.

11. in connection with the appeal contained on article {27/a} of the budget law required that local official purchases went to producer and if these products {local} than {10%} about product importer, despite pride in local product that would lead to a budget deficit without Cabinet and is contrary to the provisions of the Constitution. {62}

12. with regard to the article {33/I} of the budget law stipulates deduction reallocation {3, 8%} of total salaries and the allocation of State and public employees and retirees that it means repeating customization which leads to increased expenditure and the fiscal deficit and that this constitutes a conflict with article {62}. This occurred without reference to the Cabinet.

13. on appeal to the article {35/a/b} of budget law that distributed exemptions contained within the governmental project that arranged a reduction in budget revenue and an increase in the deficit without reference to the Cabinet and that this addition to expand exemptions violate article {62/second} from the Constitution.

14. on appeal to the article {48/II} of the budget law set-off between debts of ministries and bodies with oil products distribution company profits that accrue to the Treasury and a have to pay financial obligations and would withhold part of Treasury and imports constitute a burden on the budget is done without reference to the Council of Ministers, contrary to article {62}.

15. with regard to the article {49} of budget law that abolished the amounts earmarked for the Ministry of immigration and displaced and develop new maintenance fees and benefits of mortgage loans granted by REB home some provinces which suffered damage caused by terrorist acts and that this is an outlet for budget funds did not exist in the project, we need to fill what came out of it from the Ministry of immigration and displaced persons from the Ministry of Finance of the need these amounts to the Department of immigration and displaced persons, thereby increasing the fiscal deficit and to It was done without reference to the cabinet so the text was contrary to the provisions of the text {62/second} from the Constitution.

16. in connection with the appeal contained on article {56} of the budget included a portion of border revenues for its infrastructure and surrounding areas, and these revenues originally designated for General balancing it took part to the budget deficit is another bank and that this constitutes a breach in their implementation and happened without reference to the Cabinet and put this article got a breach of article {62/second} from the Constitution.

17. in connection with the appeal contained on article {57} budget Act included modified interest rate loans from the agricultural Bank to farmers without reference to melgls Cabinet would reduce the budget deficit is income and that contravenes article 26/II of the Constitution.

18. in connection with the appeal contained on article {59} budget Act included transfer {220} billion dinars from total financial Department and {50} billion dinars from the Pentagon of the investment amount that delay the Basra gas payments and therefore not equipped with gas Ministry Elk Chameleon besides such transfers lead to a deficit in a DoD weapons customizations for payment of engagements that reach {50} billion dinars and where no compensation amounts referred to only add new amounts that arranges the burdens New financial Treasury contributes to increase the deficit and that such transfers had taken place and produced their impact by increasing the budget deficit without reference to the Council of Ministers, contrary to article {62}.

19. in connection with the appeal contained on article {11/vi} of budget law requiring contract renewal and duration of retirement are installed on permanent owners after 9/4/2003 Service for retirement allowance and promotion and the Court finds that the text mentioned that put the House in line with previous budgets arranges an increase in ad hoc amounts calculated on the basis of the proportion of salary without reference to the Cabinet on the increase as well as arranging an increased share of State pension stops so it Contravention of the provisions of article 62 of the Constitution, the ruling of unconstitutionality as plaintiff besides his job would lead to a breach of the balance between employees and the different legal status for previous financial budgets proved during the application of the year 2015, and creates a disparity in salaries and other rights to the same specifications and conditions, governing requisition is therefore unconstitutional article 11 vi against the Lord:What articles of the Constitution that {16} {14} and equality between Iraqis and so that these articles have received at the door of the rights and freedoms mentioned in the preamble to the Constitution to be applied on materiality rule {62/III} of thkiika Constitution to justice and equality between staff with the level and requirements of Finder in public service, so we'll be in front of the opposing two articles in the Constitution with one article, article articles on GLBT Court.

20. in connection with the appeal contained on article {18/c} Budget Act contained three presidencies appointments and stop their transport and placement prevention to find Federal Supreme Court that this article wasn't bypassed article {62/II} of the Constitution providing that content and curtailing expenditures, salaries of the three presidencies is known to increase the salaries of remaining staff.

21. in connection with the appeal contained on article {18/d} budget Act included allow for university graduates from Moi to ministries and departments other than the three presidencies find Federal Supreme Court that this article wasn't bypassed rule {62/II} of the Constitution because it was with the consent of the Transport Ministers or Presidents involved, not unlike their agreement and that it will support capacity in ministries and official bodies that associate those transferred, and that the Interior Ministry command Palace text only and therefore not Arrange text increase in expenses.

22. in connection with the appeal contained on article {24/c} balance involved ministries and other stakeholders and provincial councils and new services fees other than fees and allocate {50%} to be collected by administrative units of the Federal Supreme Court found that this text does not entail an increase in the financial expenses of applying for grants administrative units mentioned gets for the first time during the implementation of the budget for 2017 and are not within the general budget resources when budgeting, this text does not exist when developing Budget so that this text is not inconsistent with the provisions of article {62/second} from the Constitution.

23. in connection with the appeal contained the text of article {32/v/f} of the budget Act, which obliges the Iraqi authorities by requiring Iraq to maturity of jobs in administrative almwazka in Arabic and international organizations for their financial obligations shot organizations find Federal Supreme almhakmmnh developed as a legislative option the House as legislative powers to save Iraq rights in jobs and administrative positions in those organizations and that it does not conflict with the provisions of article {62}.

24. in connection with the appeal contained in article 32/v/g of the Bill containing the request from the Ministry of finance a feasibility study on Iraqi external development fund contributions to foreign companies and to report to the Council of Ministers to take a position in favor of Iraq, the Supreme Federal Court will find this article of interest to Iraq and not inconsistent with article 26/II of the Constitution being just a recommendation to Cabinet.

25. in connection with the appeal contained in article 47 of the bill included the redeployment of operational customizations unions and clubs and associations than international contributions and conferences to the Ministry of labour and Social Affairs to prepare programmes of rehabilitation for children affected areas, widows and orphans, and spending on displaced and the popular crowd does not entail an increase in expenditure or in deficit this power house and not inconsistent with the provisions of article {62/II} of the Constitution and is consistent with the current Iraq conditions.

26. in connection with the appeal contained on article {48/I} of budget law which obligated the Federal Government, including the oil Ministry petroleum contracts review licensing rounds amend those contracts in favor of the Federal Supreme Court found Iraq to put this material came within the purview of the legislative House and where conflict with article {62/II} and don't cost the Government financial burdens outside the general budget allocations.

27. in connection with the appeal contained on article {53} budget Act included medical supplies should be purchased to provide therapeutic services to citizens rather than hold them financially and the hardships of travel outside Iraq find the Federal Supreme Court to appeal topic text setting within the purview of the House of representatives and no ytaard with article {62/II} of the Constitution.

Link