Legal expert: to challenge the authority of the government in the budget constrained

Legal expert: to challenge the authority of the government in the budget constrained

2016/1/4 11:41

Legal expert - to challenge the authority of the government in the budget constrained[Baghdad – where]
said legal expert Tareq Harb, the government has the authority to challenge the general budget constrained, pointing out that the appeal should be limited to material non-constitutional.
He said the war in a statement received by the agency all of Iraq [where], a copy of “what is stated in the media Baghdadi that the government will challenge the budget law before the Federal Court, and if the article [93 / I] made ​​the jurisdiction of the Federal High Court in overseeing the constitutionality of laws, including the budget bill so that the Prime Minister may establish the proceedings before this Court to invalidate some of the provisions laid suit appeal, which the government sees where it tighten unconstitutional, but these established authority of the Government restricted many restrictions.
“He explained the restrictions that” are a prosecution after the publication of the law in the Official Gazette of the Iraqi newspaper facts, so that the code number and mention the figure in the petition, and this is no law granted a record after its publication in the Official Gazette
“.” It must also be noted that the Parliament validity of the draft budget law and that this authority is limited restricted as stated in Article 62 of the Constitution which granted Parliament a draft budget that you wrote the government the power to conduct transfers between the sections and chapters of the budget and reduce the total amounts only law, and therefore the authority of Parliament be in two things first is carry and the second reduction.
“and the war,” notes that what he took Parliament In the budget bill had moved away from the established in Article 62 of authority, and therefore, the amendments came out of the project as prepared by the government and out of the constitutional authority prescribed for the Parliament, as we have noted that some of the transfers and the measures taken by the Parliament do not conform to constitutional rule mentioned that some of them applies this Governing example Cancel syndicates and unions allocations Kt_khasisat Journalists’ Syndicate, which entailed a stir journalist and allocations of the Bar Association and the abolition of payment projects on credit the fact that the draft budget identified the general rule and the provisions of this payment instead of being loose and subject to the jurisprudence of the ministries and provinces and other government agencies.
“” The parliament also abolished the subject Foreign benefits, which obliges the government to pay them and if Parliament is right in some amendments in accordance with the constitutional text, the others may become of him going too far and it was necessary to parliament a written agreement with the government on the amendments made ​​by the draft budget law, so that there not be challenged in the future, or the establishment of a lawsuit from government.
“He pointed out war” as well as we must recommend the government unification of Appeals in the case and one which the ministries submit their proposals on appeals to the General Secretariat of the Council of Ministers shall be consolidated and presented to the Council, and then set up the case on what is approved by the Prime Minister, as that the case will be held on behalf of the prime minister in addition to his job any functional issue, not a personal issue and the Federal Court the final say in the case and the merits.
“He was President Fuad Masum, ratified on Sunday, on the financial budget of the State for 2016, approved by parliament in 16 of the last month the law.
For its part, it directed the General Secretariat of the Council of Ministers, yesterday, Finance, Justice, Planning and Construction and Housing Ministries to form a committee to reconsider the amendments made ​​by the House of Representatives on certain paragraphs of the general budget for the year 2016.
It is noteworthy that, the Council of Ministers, said in its 29 December past, challenge the materials 2016 budget
law, detection and Minister of Construction and Housing Tariq Kikhany, for [where], for material that will challenge the government in the budget for fiscal 2016 Act
and said “the most important items that will be challenged budget is the financial transfers where formed a committee day of Finance and Planning and Construction ministries to review these items and the most prominent of transfers between chapters of the budget, “noting that” some of the transfers were from the ministries of defense, interior and this may adversely affect the conditions of the security forces and military operations currently located in Anbar and other provinces province “.
Kikhany pointed to” Cancel Parliament’s foreign grants, as well as the payment of the foreign debt owed ​​by Iraq and the negative impact on the work of the Ministry of Finance and this formed a committee to read items that can appeal against it, “noting that” this material is about 10 of additives and some amendments made ​​by Parliament on the material and believe it does not are in favor of the budget, “.anthy

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