The Caretaker Government And The Budget… Legal Controversy And Parliamentary Optimism

The Caretaker Government And The Budget… Legal Controversy And Parliamentary Optimism


The Caretaker Government And The Budget... Legal Controversy And Parliamentary OptimismEarth News/

The House of Representatives is heading to grant the caretaker government a mandate that enables it to send the budget for the current year, and while a legal expert considered this matter as “unconstitutional” and outside the powers of the current government, a deputy expected that the budget would be built at a price of $70 per barrel, with appointments and projects, an economist pointed out. To the need to develop the industrial and agricultural sectors so that the situation will be “under control” in the event of a drop in oil prices.

Legal expert Jamal al-Asadi said, in a statement to Earth News, that “the beginning must be clarification of the nature of the caretaker government or the caretaker, and it is, according to the definition contained in the constitution (the authority entrusted with ensuring the continuity and permanence of national life from the date of the resignation or dismissal of the government or the end of its work). And the date of the formation of the new government), or it is said to be (the government that no longer enjoys the confidence of Parliament), or as the French constitutional lexicon defines it (it is the system that applies, in terms of conditions, to all resigned governments, because those governments do not enjoy full power, unless In return, there is the movement of its political subordination within the conditions specified in the constitution), as the French jurist Waline defined it as: (the conduct of current matters that are characterized by urgency that do not have a political character).”

Al-Asadi added, “The term (the conduct of daily affairs) was mentioned in the constitution in the text of Articles (61/Eighth and 64/Second), and this term came instead of the term business conduct, and this term (the conduct of daily affairs) is more restrictive and restrictive to the work of governments than the term conduct of business. Business, and that the text of the last paragraph of Article (64 / second) in the event of dissolving the House of Representatives, the Council of Ministers in this case is considered resigned and continues to conduct daily affairs, as Article 80 / Fourth of the Constitution stipulates that the duties of the government with full powers are to prepare the draft general budget and the account Final and development plans.

He pointed out that “here we must understand that the work of the government (the conduct of daily affairs) in this period is the work of daily duties, and these works should not be devoted to duties for a longer period, such as the annual budget or any legislation that affects the work of the next government, and the constitutional text In Article 80, it is clear that preparing the budget is one of the duties of the government with full powers.”

He explained, “As for the issue of delegation, this text has no existence or support in the Iraqi constitution, and that the House of Representatives cannot delegate the competencies of the government with full powers to a government that handles daily matters, and since the duties and competencies of the House of Representatives are specified in Article 61 of the Constitution, and there is no mandate among them to grant The powers of a caretaker government for daily affairs have greater powers and competencies.”

The First Deputy Speaker of the House of Representatives, Hakim Al-Zamili, announced yesterday, Tuesday, that the House of Representatives will ask the current government to prepare and send the 2022 budget.

Today, Al-Zamili confirmed that the House of Representatives is carrying out its tasks and duties and is the decision-maker and opinion-maker, and we based our call on the government to the law and the constitution for the internal system of the House of Representatives, so we called for sending the budget and not delaying it.

It is noteworthy that the House of Representatives is still discussing the emergency food security support law, which was sent to it by the caretaker government, in order to pass it with a value of about 35 trillion dinars (23.9 billion dollars), but Parliament reduced 10 trillion of them.

For his part, independent MP Adnan Al-Jabri said in a statement to Earth News, “There is an expectation that the budget will be based on the price of 70 dollars per barrel of oil, and this price is very acceptable and avoids the budget repercussions of low oil prices, because oil prices are unstable, but even if they decrease, the That price would be a fair and good price.”

Al-Jabri added, “The budget will be a good budget with a lot of amounts and there may not be a deficit, if you plan correct and realistic planning, in addition to ensuring the export of about 3 million barrels of oil per day. Therefore, this year we will witness a good budget in which many projects and job grades.”

It is noteworthy that the year 2020 passed without approving a budget for the country, as a result of the transformation of the government of Adel Abdul-Mahdi into a caretaker government against the backdrop of the demonstrations, while the year 2014 also passed without approving the budget due to the entry of terrorist gangs to the country and this coincided with the holding of the parliamentary elections.

In addition, economic expert Hussein al-Khaqani said in a statement to Earth News that “the general budget is a plan for distributing resources, based on the expectation of resources and the way they are distributed. The economic plan needs to know the available and expected financial resources in light of the current economic situation.”

He explained that “the scheme now has a clear picture of the price of oil, which exceeds its speculative price for the previous year by a large distance, the previous year the speculative price was 45 dollars, and the reality is now more than between 110 dollars, this reality should not make us expand the current public spending, as it should Maintaining current spending as it was in the previous year and trying to reduce that spending as much as possible for the various ministries.

He continued, “As for investment spending, it should be expanded, but at the same time all these surpluses should not be consumed, which is expected to remain continuous until the end of the year. Globalization leads to its decline, but it does not go down to the price of 50 dollars or less than that, as it usually reaches levels that are expected to be comfortable levels for the Iraqi people. New ones that reduce pressure on the budget and public spending.”