The Federal Supreme Court issued on Monday 21/8/2017 a decision on the appeal against some articles of the federal budget law for the current year. 21/8/2017
The Director of the Information Office of the Federal Supreme Court Ias Samok that "the court held a hearing today under the chairmanship of Judge Medhat al-Mahmoud to consider the appeal of some articles of the Federal Budget Law No. 44 of 2017."

"The Court decided to rule on the unconstitutionality of articles 2 (I / F), 8 / V, 11 / III, 11 / V / C, 11 / V / D, (A), (ii), (xiii), (viii), (viii) (B), 48 (ii), (49), (56), (57) and (59) ".

He added that "the ruling on the unconstitutionality of these articles came because the House of Representatives has exceeded the competence contained in Article (62) of the Constitution on the law of the budget and increased the burden on the draft submitted by the Council of Ministers without returning it."

"The Court responded to the challenge in respect of Articles 11 / VI, 18 / C, 18 / D, 42 / C, 32 / V, 32 / V / , 47, 48 and 53, since the Chamber of Deputies has not set its powers on its legislation and has not imposed financial burdens or increased deficits. "

Abizaid and Director of the Information Office that "the court responded to the third person, the head of the Independent Electoral Commission in addition to his function, which intervened in a secrecy regarding the unconstitutionality of Article (18 / e) of the Budget Law.

He pointed out that "the decision came in light of the review of the contested material, the petition and its annexes and the pleadings of the plaintiff in addition to his job and the third persons on their side and after returning to the report of the five experts unanimously issued and read the constitutional articles governing the subject of the dispute, especially Article 62 of the Constitution."

The director of the media office confirmed that "the court found after reviewing a report that it met the task assigned to the experts and the reason and reasoned and went to adopt a reason to judge the case based on the provisions of Article 140 of the Law of Evidence No. 107 of 1979, The articles of the constitution that pertain to the budget. "

The following are the details of the decision of the Federal Supreme Court regarding the articles contested by its unconstitutionality:

1. In respect of the appeal contained in Article (2 / I / F) of the budget, which obligates the government to issue treasury bonds to pay the amounts owed to the oil producing or natural gas provinces, which the Ministry of Finance estimated to be about 10 trillion dinars except interest. By the government and thus increase the deficit of the general budget and this text out of the provisions of Article (62 / II) of the Constitution because it was placed without reference to the Council of Ministers in that.

2 - With regard to the appeal contained in Article (8 / V) of the Budget Law, which includes the allocation of a proportion of the allocations of the federal ground forces of the Iraqi army and considered by this text of the security forces and not part of the ground forces in addition to the text did not restrict the number of Peshmerga forces and population ratios Which leads to an increase in the financial burden of the budget, so this text is a departure from the provisions of Article (62 / II) of the Constitution, because it was drawn from the House of Representatives without reference to the Council of Ministers in that.

3- Referring to Article 11 (III) of the Budget Law, which added the Ministries of Migration and Displaced Persons and Electricity to the excluded entities from suspending the appointments by filling the vacant grades resulting from the movement of the owners which have not been allocated in the budget of 2017, To the Council of Ministers and that this violates the provisions of Article (62 / II) of the Constitution.

4- With regard to the appeal mentioned in Article (11 / V / C) of the budget, which allowed ministries and other entities to keep the vacant grades as a result of the movement of the owners that have not been allocated in the budget of 2017, These grades, without reference to the Council of Ministers and that the development of this text constitutes a violation of the provisions of Article (62 / II) of the Constitution.

5. In the case of the appeal referred to in Article (11 / V / D) of the Budget Law, which limited the appointment in the grades in Table C to the Ministry of Interior for the governorates and areas liberated from terrorism against its children, this restriction contradicts the principle of equality Opportunities between Iraqis as stipulated in articles 14 and 16 of the Constitution and constitute a violation of them.

6 - With regard to the appeal contained in Article (12 / I) of the Budget Law, which raised the ceiling of authorization issued by the Minister to the Governor after what was specified in the draft budget (10) billion dinars, and that the Council of Representatives (raising the ceiling) With the provisions of Article (123) of the Constitution and Article (47) thereof, where the executive authority is competent in this procedure and does not have the legislative authority, and also contradicts the provisions of Article (62 / II) of the Constitution.

7 - In the appeal contained in the text of Article (14 / V) of the Budget Law, which committed the ministries and authorities of the Council of Ministers Resolution No. (347) for the year 2015 which was not mentioned in the draft law and its inclusion in the Budget Law would bind the Council of Ministers to repeal or amend it depending on the circumstances that The Council of Representatives has violated the provisions of Article 47 of the Constitution as well as its powers stipulated in Article 62 of the Constitution.

8 - With regard to the appeal contained in Article (18 / e) of the Budget Law, which authorized the Independent High Electoral Commission to contract with the staff of the registration centers and the staff of the political parties and organizations without any allocations in the budget, which would result in an increase of the financial expenses of the general budget and without reference to the Council The provisions of Article (62 / II) of the Constitution shall be deemed to constitute a provision of this provision.

9- With regard to the appeal mentioned in Article (18 / f) of the Budget Law, which obligates the Pension Authority to pay pension benefits to all those who have been referred to retirement without (50) of the employees of the companies and the self-financed general directorates, The Ministry of Finance is obliged to pay their pension contributions to the Pension Fund. The advanced text is drawn from the Council of Representatives without reference to the Council of Ministers, although it arranges an increase in public expenditure and increases the fiscal deficit in the federal budget for 2017. Be challenged The unconstitutionality of the text finds its support in Article (62 / II) of the Constitution, and this is what the experts determined in their report in paragraph (12) and the orientation, contrary to the contrary, constitutes a violation of the provisions of Article 62 / II of the Constitution. However, (18 / f) of the Budget Law needs legal treatment from the government of the assignee....
https://www.iraqfsc.iq/news.3902/