Federal Court denies cancellation of the deduction from the salaries of employees

[yota691]

The postponement of the appeal by former lawmaker Mohammed al-Tai and the protocol system

Political

 Since 2017-08-03 at 14:02 (Baghdad time)

Baghdad Mawazine News

The Supreme Federal Court assigned five experts to write a report containing the technical aspects of the appeal case against some articles of the General Budget Law for the current year, while it decided to postpone the appeal against the Protocol No. 4 of 2016 to 28 of this month.

"The court held its session today and considered a number of cases," the court said in a statement to its media office.

He added that "the court has assigned experts to appeal against some articles of the budget and have been commissioned by the legal right."

He pointed out that "the experts requested a deadline of 14 days for the purpose of preparing their report," explaining that "the meeting was postponed to 21 of this month in the hope of submitting the report before that date."

The statement added that "the court decided to postpone the appeal against the protocol (4) for the year 2016 to 28 of this month after the introduction of the Minister of Foreign Affairs in addition to his role as a third party in the case."

He pointed out that "the court also decided to postpone the case of former MP Mohammed al-Tai, who requested the decision to cancel the decision of the House of Representatives adopted at its (37) on 25/5/2017 and return to the membership of the House of Representatives, to 28 of this month, Which witnessed the absence of the plaintiff from the hearings and whether they were on official leave or without a legitimate excuse. "

[yota691]

Postponement of the appeal case against some articles of the budget and its experts are sworn in

Date of release: 2017/8/3 14:16 • 0 times read

The Federal Supreme Court charged five experts to write a report containing the technical aspects in the appeal against some articles of the General Budget Law for the current year, while decided to postpone the appeal against the Protocol No. 4 of 2016 to 28 of this month.

A statement issued by the Information Office of the Federal Supreme Court received the agency {Euphrates News} copy of it today that "the court held its session today and considered a number of cases." 
The statement added that "the court commissioned experts to appeal against some articles of the budget and commissioned them to the legal right." 
He pointed out that "the experts requested a deadline of 14 days for the purpose of preparing their report," explaining that "the meeting was postponed to 21 of this month in the hope of submitting the report before that date." 
He added that "the court decided to postpone the appeal against the protocol system [4] for the year 2016 to 28 of this month after the introduction of the Minister of Foreign Affairs in addition to his role as a third party in the case." 
The statement added that "

[yota691]

08/03/2017 (00:01 pm)   -   Number of readings: 183   -   Issue (3986)

 

 

The judiciary is preparing to decide on constitutional cases, including budget appeals

 Baghdad / Range 
 

The Federal Supreme Court announced that its session on Thursday will include the consideration of constitutional proceedings, including the appeal of (23) articles of the federal budget for the current year. A statement to the Federal Supreme Court, received by (the extent), "The Court will hold its meeting tomorrow to consider the cases On the agenda, "noting that" the first lawsuit of the Court is to consider the appeal of (23) Article of the Federal Budget Law established by the Prime Minister in addition to his job. "The previous session of the Federal Supreme Court hearing, the election of five experts and two experts to provide A report containing the technical aspects of the appeal The statement said that "the court will consider the appeal against the constitutionality of the dissolved Revolutionary Command Council Resolution No. (120) of 1994, and the subject of not releasing the person convicted of the crime of damage to state funds unless the money is recovered from it," adding that " The court will also consider the application of the ruling unconstitutionality of Protocol No. (4) for violating the provisions of the Constitution of the Republic of Iraq in Articles (1) and (47) of it, which was established by the Speaker of the House of Representatives in addition to his function to the Prime Minister in addition to his job. " On the agenda set up by a member of the Board of Governors of the former request for the provision of invalidity of the item (II / 1 - 2 - 3) of the resolution (333/2015) and the restoration of pension rights to him, "noting at the same time that" the Court will also consider the case of the former deputy Mr. Mohammed al-Tai asked to cancel the decision of the House of Representatives adopted at the meeting (37) held on 25 May last and returned to Membership of the House of Representatives. "

[navira45]

I wanna see an article where gov of CBI says that the economic reform will be completed before end of this month. This is right after of this appeal for this year 2017 budget. Rv this month bb.

[yota691]

Federal Court: The accountability of the President of the Republic must be accompanied by a law issued by the House of Representatives

Political

 Since 2017-08-06 at 10:23 (Baghdad time)

Baghdad Mawazine News

The Federal Supreme Court confirmed that the exercise of its powers in the accountability of the President of the Republic for the charges against him must be accompanied by the issuance of a law of the Council of Representatives organize this process as stipulated by the Iraqi Constitution.

A statement issued by the Information Office of the Federal Supreme Court received / Mawazine News / copy, that "the court considered a constitutional lawsuit filed by a former member of the Najaf provincial council against the President of the Republic / in addition to his job, the Prime Minister, in addition to his job, Deputies / in addition to his job. "

The statement continued that "the plaintiff asked to rule unconstitutionality of Resolution No. (333) issued by the Council of Ministers on 8/9/2015, which he considered falls within the jurisdiction of the House of Representatives Legislative."

He explained that "the prosecutor assigned to the President of the Republic / in addition to his job not to address the decision subject of the appeal, and considers it has abandoned its functions and violated the right that he swore," noting that "the Court finds in this aspect that exercise its jurisdiction to dismiss any charges attributed to the President of the Republic in addition to his job In accordance with Article 93 / VI of the Constitution. "

The statement pointed out that "the exercise of this jurisdiction is subject to the issuance of a law regulating the procedures of separation in such cases in light of the provisions of Article (61 / VI / of the Constitution and without the issuance of this law remains the jurisdiction of the Federal Supreme Court in the accounting is disabled, Issued on 13/6/2017 ".

The statement added that "the court found in assigning the plaintiff to the defendant the Speaker of the House of Representatives, in addition to his job to give up his legislative role. The Court replied that the House of Representatives issued a decision on 16/8/2015 number (15) guarantees the ratification of the Council of Ministers' Reformist, and was conditional on its approval of the Constitution and the law, and that does not mean the delegation of any of his legislative powers.

The statement added that "the court indicated that the plaintiff's appeal against the decision of the Council of Ministers is out of the powers stipulated in Article (93) of the Constitution and Article (4) of its law No. (30) of 2005, where that decision is the administrative decisions that other jurisdictions To consider the appeals contained therein, and accordingly decided to dismiss the case. "

[yota691]

08/07/2017 (00:01 pm)   -   Number of readings: 816   -   Issue (3989)

 

 

Federal Court: questioning signatures does not prevent interrogations

 Baghdad / Range 
 

The Federal Court denied on Sunday that there was a restriction in the constitution delaying the process of questioning in Parliament. This came in response to the resort of Minister of Commerce Salman Jumaili to the judiciary to verify the authenticity of signatures collected by MP High Nassif for questioning. 
The Speaker of the House of Representatives Salim al-Jubouri delayed the hearing of the Minister of Commerce and Salman Jumaili to next Monday. The Jubouri, during the parliamentary session held on Thursday, that "the Minister of Commerce and the Agency has submitted a request to the Supreme Judicial Council to challenge the validity of the signatures of MPs demanding the questioning," noting that "the Presidency of the Council received a letter from the Supreme Judicial Council demands the presence of 40 deputies Witnesses regarding signatures of suspected fraud on the request for questioning. " 
Commenting on this, the Federal Court, in a statement received (range) a copy of it, it " 
Responded on the inquiry of the House of Representatives that the complaint before the investigative authorities in the validity of signatures to approve the interrogation does not itself delay the interrogation unless the investigating authorities decide the reason behind the delay of the interrogation as Article (61 / VII / C) of the Constitution was absolute and did not respond " Article (61 / VII / C) states: A member of the House of Representatives, with the consent of twenty-five members, shall be directed to the Prime Minister or the Ministers to be held accountable for the matters within their jurisdiction. only after at least seven days of submission. 
in another context, Qa The Supreme Federal Court said that the exercise of its powers in the accountability of the President of the Republic for the charges against him, must be accompanied by the issuance of a law of the House of Representatives to regulate this process 
A statement issued by the Information Office of the Federal Supreme Court, seen by (extent) yesterday, 
The Court considered a constitutional lawsuit filed by a former member of the Najaf Provincial Council against the President of the Republic / in addition to his job, the Prime Minister / in addition to his job, and the Speaker of the House of Representatives / in addition to his job. "The Federal Court continued that" 333) issued by the Council of Ministers on 8/9/2015, which is considered within the jurisdiction of the House of Representatives Legislative " The court explained that" the prosecutor assigned to the President of the Republic / in addition to his job not to address the decision subject of the appeal, and considers him has abandoned his functions and sworn to the right that he swore " , Noting that "the Court finds in this aspect that exercise its jurisdiction in Chapter b The charge attributed to the President of the Republic , in addition to his job be in accordance with Article 93 / VI of the Constitution. " The 
Constitution provides in paragraph mentioned that: Chapter accusations directed against the President of the Republic, the Prime Minister and Ministers, regulated by law. 
The statement of the Federal Court that "the exercise of this jurisdiction is subject to the issuance of a law to regulate the separation proceedings in such cases, in light of the provisions of Article (61 / VI / of the Constitution, without the issuance of this law remains the jurisdiction of the Federal Supreme Court in accounting is disabled, The resolution issued 
on 13/6/2017 ". 
The statement added that "the court found in assigning the plaintiff to the defendant the Speaker of the House of Representatives, in addition to his job to give up his legislative role. The Court replied that the House of Representatives issued a decision on 16/8/2015 number (15) guarantees the ratification of the Council of Ministers' Reform, and was conditional on its approval of the Constitution and the law, and that does not mean the delegation of any of its legislative powers. 
The court said it was "

[yota691]

The Administrative Court rules against the President of the Council of Kirkuk in the case of raising the Kurdish flag

Political

 Since 2017-08-17 at 12:43 (Baghdad time)

Baghdad Mawazine News

The publication of the agency / Mawazin News /, minutes of the session of the Administrative Court in the case of lifting the Kurdish flag in the province of Kirkuk and the cities where the provincial council president Ribwar Talabani.

The court ruled against issuing a ruling against the head of the provincial council and considering the decision to raise the Kurdish flag in Kirkuk contrary to the constitution and to charge the president of the council fees, expenses and legal fees. 

Below is the text of the minutes in accordance with a document issued by the Administrative Court:

 

 

 

[yota691]

URGENT The judiciary decides to nullify the flag of the province in Kirkuk

Release date: 2017/8/17 13:45 • 153 times read

(Baghdad: al-Furat News) The Administrative Court decided to invalidate the decision of the provincial council of Kirkuk to raise the flag of the Kurdistan region to the departments and government institutions in the province.

The decision of the court issued on Thursday that "the province of Kirkuk from areas of the federal government and is subject to its administration and not to the Kurdistan region, and the legislation in force did not allow any one to raise another flag beside the flag of Iraq in Kirkuk." 
The court confirmed that raising the flag of the province in Kirkuk is against the law. 
The Council of the province of Kirkuk approved in its 28 March last raising the flag of the Kurdistan region with the Iraqi flag on the facilities of the governorate and the government after a vote in a meeting missed by Arab and Turkmen members. 
The decision to raise the flag sparked sharp criticism from the federal government and political forces in Baghdad, as opposed to Washington, Turkey and the United Nations. 
The governor of Kirkuk, Najmuddin Karim, said the province would join the referendum on the independence of the Kurdistan region scheduled for September 25

[yota691]

Documents: Final decision taken by the Administrative Court on raising the flag of the province over government institutions in Kirkuk

17-08-2017 02:20 PM

Readers

 

Baghdad News -

 

 

Ahmed 'Baghdad News', on Thursday, the minutes of the session of the Administrative Court in the case of lifting the Kurdish flag in the province of Kirkuk and condemned the provincial council president Ribwar Talabani.

 

The document revealed that the Administrative Court canceled the decision of the provincial council of Kirkuk to raise the flag of the province over the departments of the province because it is a clear violation of the laws.

 

[yota691]

The Federal Court will hold a hearing tomorrow to hear the appeal against the budget

Political

 Since 2017-08-20 at 10:54 (Baghdad time)

Baghdad Mawazine News

The Federal Supreme Court announced that its hearing on Monday will be devoted to the appeal of some articles of the federal budget law for the current year .

The Director of the Information Office of the Federal Supreme Court Ias Samok said in a statement received / Mawazine News / a copy of it, "The Court will hold tomorrow a hearing chaired by Judge Medhat al-Mahmoud to consider the appeal against some articles of the federal budget law for the current year ."

He continued that "the sessions of the Federal Supreme Court is open to all attendees ." Finished

 

[yota691]

Federal Court meets to hear the appeal of the budget

Release date: 2017/8/21 10:20 • 87 times read

(Baghdad: Al Furat News) The Federal Supreme Court began Monday morning its hearing to challenge some articles of the General Budget Law for the current year 2017.

The Federal Supreme Court was charged at its meetings held on the third of August, five experts to write a report containing the technical aspects of the appeal against some articles of the budget law 2017. The 
experts requested 14 days for the purpose of preparing their report, while the meeting was postponed to Monday.

[yota691]

URGENT The Federal Court issues a decision on the articles of the budget contested unconstitutional

Date of release: 2017/8/21 14:28 • 2 times read

[yota691]

URGENT The Federal Court issues a decision on the appeal against some articles of the budget law

Release Date: 2017/8/21 14:26 • 31 times scheduled

(Baghdad: Al Furat News) 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.

A statement issued by the Director of the Information Office of the Federal Supreme Court Ias Samok received the agency {Euphrates News} a copy of today that "the court held a hearing today under the chairmanship of Judge Medhat al - Mahmoud to consider the appeal contained in 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 / {§ 1}, {§ 1}, {14/1}, {14 / V}, {18 / e}, {18 / B, {48 / II}, {49}, {56}, {57} and {59} ". 
He added that "the provision of unconstitutionality of those 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. 

He noted that "the Court responded to the appeal for articles {11 / VI}, {18 / c}, {18 / d}, {24 / c}, {32 / V}, {32 / V / , {47}, {48}, {53}, the fact that the House of Representatives did not outline its powers regarding its legislation and did not impose financial burdens or increase the deficit. 
Abizaid and the Director of the Information Office that "the court responded to the third person is the head of the Independent Electoral Commission in addition to his function, which intervened in a nutshell in relation to the unconstitutionality of Article (18 / e) of the budget law." 
He pointed out that "the decision came in the light of the review of the contested material and the petition and its annexes and defenses of the plaintiff in addition to his job and 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, particularly Article (62) of the Constitution. 
The director of the media office confirmed that "the court found after reviewing the report that it met the task assigned to the experts and the reason and reason 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 decision of the Federal Supreme Court regarding the contested articles is unconstitutional: 
1 - With regard to the appeal contained in Article {2 / I / F} of the budget, which obliged the government to issue treasury bonds to pay the amounts owed to the provinces producing oil or natural gas, which estimated the Ministry of Finance to the extent of {10} trillion dinars except interest and the amounts of these bonds are repayable 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 Lead 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 placed by the House of Representatives without reference to the Council of Ministers in that. 

3- Referring to Article (11 / III) of the Budget Law that added the Ministries of Displacement, Migration 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 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 contained 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 matter of the appeal contained in Article (11 / V / D) of the Budget Law, which limited the appointment in the grades listed in Table C of the labor force allocated to the Ministry of Interior to governorates and areas liberated from terrorism to its children, Opportunities between Iraqis, as provided for in articles 14 and 16 of the Constitution and constitute a violation of them. 

6 - With regard to the appeal contained in Article 12/1 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 by {10} billion dinars, and that the Council of Representatives so (ie lifting 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 jurisdiction over the legislative authority. It also contradicts the provisions of Article 62 / II of the Constitution. 



7 - With regard to the appeal contained in the text of Article {14 / V} of the Budget Law, which committed the ministries and entities 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, The Council of Representatives has violated the provision of this text without referring to the Council of Ministers the principle of separation of powers provided for in Article (47) of the Constitution as well as its powers provided for 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 there being allocations in the budget, which would result in an increase of financial expenses of the general budget and without reference to the Council The Minister, the formulation of this provision constitutes a violation of the provisions of Article (62 / II) of the Constitution. 

9 - With regard to the appeal contained 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 the {50} age of employees of companies and self-financed public administrations that receive a grant from the Treasury from the date 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 constitutionality of the text finds its support in article (62 / second) of the Constitution, and this is what the experts have determined in their report in paragraph 12, and the orientation, unlike otherwise, 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 for those who have been referred to retirement without their consent and without reaching the age of 50 years of age and have a service not less than {15} years deprived of his salary and deprived of his pension, contrary to what stated Article (12 / III) of the Retirement Law No. (9) of 2014 which is still valid according to the provisions of Article 130 of the Constitution. 

10- With regard to the appeal contained in Article (26) of the budget, which the House of Representatives added to it what is required of the Ministry of Finance before issuance of remittances or treasury bonds at the request of the Ministry of Oil to present this issue to the House of Representatives for approval, and find the Federal Supreme Court that this is a repetition For ratification, which was within the ratification of the budget as well as a delay in the issuance process and in violation of Article {47} of the Constitution, which requires the separation of powers in terms of terms of reference. 

11. With regard to the appeal under article 27 (a) of the Budget Law, which added that official purchases should be directed to the domestic product, although these products are {10%} more than the imported product, To a deficit in the budget without reference to the Council of Ministers and this is a violation of the provisions of {62} of the Constitution. 

12. In reference to article (33 / I) of the Budget Law, which provided for the reallocation of the amount deducted (3.8%) of the total salaries and allowances of state employees, the public sector and retirees, this means the repetition of the allocation, Constitutes a conflict with the provisions of Article 62 of the Constitution.This happened without reference to the Council of Ministers. 

13. With regard to the appeal contained in Article 35 (A / of the Budget Law, which was distributed on the exemptions contained therein within the government project, and this arranged a reduction in budget revenues and an increase in deficit without reference to the Council of Ministers. Article 62 / II of the Constitution. 

In the matter of the appeal contained in Article (48 / second) of the Budget Law, which provides for a set-off between the debts of ministries and entities with the profits of the company, the distribution of petroleum products that belong to the Ministry of Finance and which constitute a resource in the payment of their financial obligations. Treasury imports constitute a burden on the budget and this without reference to the Council of Ministers contrary to the provisions of Article {62} of the Constitution. 



15. In reference to Article 49 of the Budget Law, which abolished amounts allocated to the Ministry of Displacement and Migration and the establishment of a new expense, covering the fees and interest for real estate loans granted by the Land Bank to the citizens of some of the provinces that have been damaged by terrorist acts and that this constitutes an outlet for the exit of budget funds. Is not in the government project, and it is necessary to fill the out of the allocations of the Ministry of Displacement and Migration of the Ministry of Finance because of the need for these amounts at the Ministry of Displacement and Migration, thus increasing the financial deficit and that was without reference to the Council of Ministers so the text contradicts the provisions of Text {62 \} II of the Constitution. 

16 - With regard to the appeal contained in Article {56} of the budget included the allocation of part of the revenues of the border crossings to rehabilitate the infrastructure and the surrounding areas, and that these revenues are originally allocated to the budget of the General took part of it to another bank that constitutes a budget deficit and that is a violation of And that this happened without reference to the Council of Ministers and the placement of this article there was a violation of Article (62 / II) of the Constitution. 

17. With regard to the appeal contained in Article (57) of the Budget Law, which includes the amendment of the interest rate for loans granted by the Agricultural Bank to the peasants without reference to the Council of Ministers, it would reduce the revenues of the budget and constitutes a deficit, and this violates the text of Article 62 / II of the Constitution. 

18. Concerning the appeal contained in Article 59 of the Budget Law, which includes transfers of 220 billion dinars from the total of the Ministry of Finance and 50 billion dinars from the Ministry of Defense from the investment amount, this would delay the payment of the Basrah gas dues, Electricity, in addition to the fact that these transfers lead to a deficit in the allocations of armament to the Ministry of Defense to pay the amount of contracts amounting to {50} billion dinars, where the amounts can be offset only by the addition of new amounts and this arranges new financial burdens on the Treasury contributes to increase the deficit and that these transfers The implications of which have been increased G in the budget without reference to the Council of Ministers contrary to the provisions of Article {62} of the Constitution. 

19. With regard to the appeal contained in Article 11 / VI of the Budget Law, which provides for the renewal of contracts and the calculation of the period of retirement for those who are confirmed to the permanent owners after 9/4/2003, a real service for the purposes of premium, promotion and retirement, the Court finds that the said text, What is stated in the previous budgets sets an increase in the amounts allocated which are calculated on the basis of a proportion of the salary without reference to the Council of Ministers in this increase and also arranges an increase in the share of the State of the pension stops and therefore it constitutes a violation of the provisions of Article 62 second of the Constitution, but the provision of unconstitutionality As requested by the prosecutor in addition to a job E will lead to a breach of the balance between the employees and the difference of their legal status for those who were proven during the implementation of previous financial budgets from 2015 and below and creates disparities in salaries and other rights for those who have the same specifications and conditions, so the request of the provision of unconstitutionality Article 11 VI contrary to the provisions of Articles {14} and {16} of the Constitution, which is equal among Iraqis and since these articles have been mentioned in the section on rights and freedoms and their contents are mentioned in the preamble of the Constitution, which should be applied more to Article 62 / III of the Constitution, The mat And has in the public service, and therefore we will be in front of articles opposed to the Constitution with one article, the Court overcame the application of articles on a single article. 

20. With regard to the appeal contained in Article (18 / c) of the Budget Law, which includes the suspension of appointments in the three presidencies and the related parties, and preventing the transfer and placement thereof, the Federal Supreme Court finds that this article did not exceed the provisions of Article 62 / II of the Constitution, And reduce the disbursement of expenditures, it is known that the salaries of the three presidencies exceed the salaries of the rest of the staff. 

21. With regard to the appeal contained in Article 18 (d) of the Budget Law, which includes allowing those who are university degree holders from the employees of the Ministry of the Interior to ministries and departments other than the three presidencies, the Federal Supreme Court finds that this article did not exceed the provisions of Article (62 / II) The constitution, because this transfer has been approved by the ministers or the presidents concerned and not their disagreement, and that this will support the competencies in the ministries and official bodies to which these associates are transferred, and that the text limited to the Ministry of Interior only and therefore does not arrange for an increase in expenses. 

22 - In the appeal contained in Article (24 / c) of the budget included grants to ministries and other parties and provincial councils to impose new fees and services, except for the sovereign fees and the allocation of {50%} to the administrative units that have been collected find the Federal Supreme Court that this text does not arrange An increase in financial expenditures because the application of granting the ratio mentioned to the administrative units for the first time during the implementation of the budget of 2017 and this proportion is within the resources of the budget when the budget, this text does not exist when the budget, so this text does not conflict with the provisions of Article (62 / II] of the Constitution. 

23. With regard to the appeal contained in the text of Article 32 / V / F of the Budget Law, which obliges the Iraqi authorities to require that Iraq obtain its entitlements from administrative positions in the Arab and international organizations in return for paying the financial obligations of these organizations, The House of Representatives in accordance with its legislative powers to preserve the rights of Iraq in the posts and administrative positions in those organizations and it does not conflict with the provisions of Article {62} of the Constitution. 

24. With regard to the appeal contained in Article 32 / V / G of the Budget Law, which includes the request of the Ministry of Finance to study the feasibility of the contributions of the Iraqi Fund for Foreign Development in foreign companies and submit a report to the Council of Ministers to take the position in favor of Iraq, Iraq and does not conflict with Article 62 / II of the Constitution as a mere recommendation to the Council of Ministers. 

25. With regard to the appeal contained in Article 47 of the Budget Law, which transfers the operational allocations of unions, clubs and unions, except international contributions and conferences to the Ministry of Labor and Social Affairs to prepare rehabilitation programs for the children of the affected areas, widows and orphans. This power of the House of Representatives does not contradict the provisions of Article (62 / II) of the Constitution and is consistent with the current circumstances of Iraq. 

26- Concerning the appeal contained in Article (48 / I) of the Budget Law, which obliges the Federal Government, including the Ministry of Oil, to review contracts of oil licensing rounds by amending the terms of those contracts in favor of Iraq, the Federal Supreme Court finds that the status of this article is within the powers of the Legislative Council In contradiction with the provisions of Article (62 / II) and does not cost the government financial burdens outside the budget allocations. 

27. With regard to the appeal contained in Article {53} of the Budget Law, which includes the requirement to purchase medical supplies to provide treatment services to citizens instead of carrying them money and hardships to travel outside Iraq, the Federal Supreme Court finds that the subject matter of the appeal is placed within the jurisdiction of the Council of Representatives and does not comply with the provisions of Article { 62 / II] of the Constitution 

[yota691]

 

Decisions of the Federal Court regarding the appeal of the budget 15:27 Last updated The time now is 03:32 PM 163 Watch BAGHDAD / Al-Ghad Press:  The Federal Supreme Court on Monday issued decisions on the appeal of some articles of the general budget for the current year.  The Director of the Information Office of the Federal Supreme Court Ias Samok, in a statement received "Al-Gharab Press" a copy of it, "The Court held a hearing today under the chairmanship of Judge Medhat al-Mahmoud to consider the appeal contained in 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, 12 / I, 14 / V, 18 / E, 18 / F, 26, 27 / A, 33 / I, 35 / (B), 48 (ii), (49), (56), (57) and (59) ".  "The ruling on the unconstitutionality of these articles came because the Council 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), 24 (c), 32 / V, 32 / V / (47), (48), (53), the fact that the House of Representatives did not set its powers on its legislation and did not impose financial burdens or increase the deficit. Abizaid, the director of the Information Office, saying 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 reading the constitutional articles governing the subject of the dispute, particularly Article 62 of the Constitution."  He explained that "the court found after examining the 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) for the year 1979 taking into account what is stated in the articles Constitution Which concerns the budget. " The following are the details of the decision of the Federal Supreme Court regarding the contested articles (as stated in the statement):  1. With regard to the appeal contained in Article (2 / I / F) of the budget, which obliged the government to issue treasury bonds to pay the amounts due to the provinces producing oil or natural gas Which is estimated by the Ministry of Finance to be up to (10) trillion dinars except interest and the amounts of these bonds are subject to payment 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 placed by the Council 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 provision constitutes a violation of the provisions of Article (62 / II) of the Constitution  5. the process of appeal contained on the article (11 / V / d) of the budget , which restricted the appointment to the grades listed in table Code (c Labor Force allocated to the Ministry of Interior for the governorates and liberated areas And this is contrary to the principle of equal opportunities among Iraqis, which is stipulated in Articles 14 and 16 of the Constitution and constitutes 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 cancel or amend it depending on the circumstances that The Council of Ministers has violated the principle of separation of the powers provided for in article 47 of the Constitution as well as its powers provided for in Article 62 of the Constitution.  8. In the matter of the appeal contained in Article 18 / E) of the Budget Law, which authorized the Independent High Electoral Commission With the staff of the registration centers and the staff of the Political Parties and Organizations Department without any allocations in the budget resulting in an increase in the financial expenses of the general budget and without reference to the Council of Ministers, the formulation of this text constitutes a violation of the provisions of Article (62 / II) of the Constitution. 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 companies and 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 10- With regard to the appeal contained in Article (26) of the budget, which the House of Representatives added to it the Ministry of Finance before issuing them for remittances or treasury bonds at the request of the Ministry of Oil to present this issue to the House of Representatives for approval, and find the Federal Supreme Court that this is a repetition For ratification, which was within the ratification of the budget as well as a delay in the issuance of the violations and in violation of Article (47) of the Constitution, which requires the separation of powers in terms of competencies.  11. In the appeal of article 27 (a) of the Budget Law, which added the need to direct official purchases to the local product, although these products (local) increase by (10%) than the imported product, and while pride in the local product, To a deficit in the budget without reference to the Council of Ministers and this is a violation of the provisions (62) of the Constitution.

[King Bean]

Thanks Yota. Well, that is some really dry reading but......the Federal Court has done more today than parliament has done all year. Kudos to them.

[jcfrag]

Read like a lot of double talk to me!   

[salt-life]

Here's the bottom line, it looks like the majority of issues were settled under Article 62's second section and the other articles in question can not be raised because they would have increased the budget deficit. The agreement that the Iraqi government/CBI has with the IMF is not to increase the budget or deficit, but instead to decrease expenses, all of these were considered unconstitutional under Article 69 or Article 130. The smell of money is soon to be in the air for Iraq.............OH it's coming!!

 

 

[ChuckFinley]

1 hour ago, salt-life said:

Here's the bottom line, it looks like the majority of issues were settled under Article 62's second section and the other articles in question can not be raised because they would have increased the budget deficit. The agreement that the Iraqi government/CBI has with the IMF is not to increase the budget or deficit, but instead to decrease expenses, all of these were considered unconstitutional under Article 69 or Article 130. The smell of money is soon to be in the air for Iraq.............OH it's coming!!

 

 

Now that is what I am talking about.  

[Artitech]

This is great news! Just when I really thought we were looking at 2018! maybe Just Maybe we still have a shot this year! Now we are talking!!!    

[10 YEARS LATER]

25 minutes ago, Artitech said:

This is great news! Just when I really thought we were looking at 2018! maybe Just Maybe we still have a shot this year! Now we are talking!!!    

 

Would be great huh . . . I'm cautiously optimistic at this point. To be on the safe side, I'd better warm up Maracas  

[yota691]

Federal Court denies prejudice to the rate of salary deduction

Release Date: 2017/8/22 12:29 • 76 times scheduled

(Baghdad: Al Furat News) The Federal Supreme Court denied that the ruling issued on the occasion of the appeal some articles of the General Budget Law for the current year has addressed the amount of the proportion of the salary deduction of employees and retirees.

"The Federal Supreme Court, when it issued its ruling yesterday on the appeal of some articles of the budget did not affect the amount of the proportion of the deduction of the total salaries and allowances of state employees and the public sector and retirees." The Director of the Information Office of the Federal Supreme Court Ias Samok said in a statement received by the agency. 
He pointed out that "the paragraph of the resolution concerning the rate of (3.8%) was concerned that this proportion should not be repeated in two places of the budget law, and this means that the repetition of the allocation imposes burdens on the budget. 
The Federal Supreme Court has responded and accepted yesterday 27 appeals submitted by the Government on the amendment and the addition of articles in the Budget Law 2017 by the House of Representatives.
The court's response included a report by experts to prepare a report entitled "Article (33 / I) of the budget law, which provided for the reallocation of the amount deducted 3.8% of the total salaries and allowances of state employees and the public sector and retirees," indicating that "this means repeated allocation, Expenses and financial deficit, and that this is a conflict with the provisions of Article {62} of the Constitution, and this without reference to the Council of Ministers. "

[yota691]

Coalition forces accused the government of depriving the benefits of the affected provinces

Political

 Since 2017-08-22 at 12:17 (Baghdad time)

 

Baghdad Mawazine News

Accused the coalition of Iraqi forces, on Tuesday, the government to deprive the benefits of the affected provinces, pointing out that this can not be tolerated.

"In spite of the tragic and Cairo conditions in the provinces occupied by the terrorist and criminal organizations for more than three years, which caused a total collapse of the infrastructure, material and human losses and a severe shortage of human life," the coalition of forces said in a statement received by Mawazine News. Food, medicine, displacement and displacement of millions of its children, but there are government measures described as more arbitrary towards the people of these provinces to deprive them of the rights they have been deprived of them over the past years. "

He added: " Where the House of Representatives voted on the supplementary budget, which approved some items related to the retention of areas occupied by terrorist organizations in their degrees of employment resulting from the movement of owners similar to the benefits of other provinces have been granted real estate loans to the people of these provinces to recover from the bitter reality experienced by But the government challenged the paragraphs of the budget voted by the Council on the pretext that it has exceeded his competence and put a heavy financial burden on the budget and the biggest problem that the Federal Court in response to this appeal, and this has deprived the affected provinces of the benefits of the law Intention and humanity. "

He continued, "The policy of double standards adopted by the government towards the affected provinces can not be tolerated at the time of the disposal of funds and grants degrees of employment in various fields for the provinces that were not occupied by the terrorist organizations are canceled thousands of grades, even within the movement of owners of the provinces, Before the terrorist, which ranges from 15 thousand to 20 thousand degrees functional, but was prevented mortgage loans to these provinces, which are today desperately needed, not to mention the obvious and deliberate neglect of the return of displaced persons to their areas and homes.

He pointed out that "the measures taken by the government, especially those related to the appeal against the decisions of the Council of Representatives and the accompanying response of the Federal Court is a collective punishment intended to suffocate our people in the affected provinces and the imposition of the political majority and overlooked, or how to be interpreted decisions taken less It is unfair and contrary to the foundations of social justice that are supposed to be implemented. Thus, the Federal Court committed a serious sin towards the sons of these Sunni provinces, but it deprived them of the opportunity to restore security and stability and reconstruction of their areas and therefore bear the greatest responsibility in the You have it. "

He added: " We were hoping to witness the provinces that occupied after urging the liberation of the adoption of a new policy to take away the bitter reality and the suffering suffered by these provinces, but we are surprised that the mentality that ruled the past is still going wrong." He said, " Based on the above, we call on the Prime Minister Haider Abadi to reconsider the measures taken towards the affected provinces and move urgently to lift them out of their painful reality, otherwise the coalition of Iraqi forces, the legitimate representative of these provinces will have a clear and explicit position of this policy does not express the sense of national and humanitarian We also call on the Presidency of the Council of Representatives to include the Federal Court Act on the agenda of the Council so that we can choose a new court to rid Iraq of the current court, which stood behind most of the crises that occurred in the country. "                

                                                          

[salt-life]

Quote

President of the Republic Fuad Masoum, on Monday, approved the law on the seizure of the property of the former regime and the amended federal budget for 2017.

 

The next few weeks could be VERY TELLING!! Exciting times to be a Dinarian!!

[yota691]

Federal Court denies prejudice to salaries of employees and retirees

23/8/2017 1:54 AM    BAGHDAD / Al-Sabah   The Supreme Federal Court denied on Tuesday that the ruling issued on the occasion of the appeal of some articles of the General Budget Law for the current year, dealt with the amount of the proportion of the salaries of employees and retirees, indicating that its decision was on the need not to repeat the ratio in two places of the law.  The head of the Information Office of the Supreme Court, Ayas al-Samuk, said in a court statement, received by «morning», that «the Federal Court when it issued its ruling on the appeal of some budget items did not affect the amount of the proportion of the deduction of the total salaries and allowances of state employees and the public sector and   retirees».  Samok said that «mention the paragraph of the resolution on the rate of 3.8 percent, it belonged to the need not to repeat this percentage   in two places of the budget law, and   this means that the repetition of the allocation imposes burdens on the public budget   ».

[Freedomwish]

On 8/21/2017 at 8:36 PM, Artitech said:

This is great news! Just when I really thought we were looking at 2018! maybe Just Maybe we still have a shot this year! Now we are talking!!!    

 Keeping the faith indeed!! 

 

On 8/21/2017 at 8:58 PM, 10 YEARS LATER said:

 

Would be great huh . . . I'm cautiously optimistic at this point. To be on the safe side, I'd better warm up Maracas  

 Man, you already know what I'll be drinking  LOL