Federal Court: unconstitutional exemption of foreign companies and contractors from fees

[yota691]

The federal government is considering 9 cases tomorrow, the most prominent of which is the appeal of the unconstitutionality of the continuation of the governor of Saladin

 

 From 2017-12-17 at 14:09 (Baghdad time)

Baghdad Mawazine News

On Monday, the Federal Supreme Court will hold a hearing in the presence of all members to consider nine constitutional cases on its agenda, most notably the appeal of the unconstitutionality of the continuation of Salahuddin's office.

"The court will consider in its session tomorrow two motions to challenge the unconstitutionality of article (2) of the law exempting foreign companies and foreign subcontractors contracted in the rounds of licenses of the fees No. (46) for the year 2017 ".

Samok added that "one of these proceedings had been considered in previous sessions and the court assigned an expert to submit a report containing the technical aspects of the subject of appeal."

He explained that "the court will consider a lawsuit to challenge the unconstitutionality of the continuation of the governor of Salah al-Din in his post, and a lawsuit to request the ruling unconstitutionality of the Protocol No. (4) for the year 2016, and another lawsuit to request the decision to cancel the text of Article (39/3) of the Personal Status Law No. (188) ) Of 1959 amended, including the provisions of arbitrary divorce.

The official spokesman said that "the agenda also included four suits to request the ruling unconstitutionality of some articles of the law."

[yota691]

Today .. 9 constitutional proceedings before the Federal Court

18/12/2017 12:00 am  Baghdad / Al-Sabah The Supreme Federal Court (Monday) will hold a hearing in the presence of all members to consider nine constitutional cases on its agenda, "the court said in a press statement. He added that "the court will consider in its session two motions to challenge the unconstitutionality of article 2 of the law exempting foreign companies and secondary contractors contracted in the rounds of licenses of fees No. 46 of 2017," explaining that "one of these proceedings had been considered in previous sessions and commissioned the Court An expert to submit a report containing the technical aspects of the subject of appeal. "  And the Samuk, that "the Court will consider a lawsuit to challenge the unconstitutionality of the continuation of the Governor of Salah al-Din in his office, and a request to rule on the unconstitutionality of Protocol No. 4 of 2016, and another suit to request the decision to cancel the text of Article 39/3 of the Personal Status Law No. 188 of 1959 amending, Including the provisions of arbitrary divorce, "and noted that" the agenda also included four suits to request the ruling unconstitutional some of the articles of the law of lawyers.

[yota691]

Federal Court: unconstitutional exemption of foreign companies and contractors from fees

 

 From 2017-12-18 at 13:31 (Baghdad time)

Baghdad - Mawazine News

The Federal Supreme Court on Monday declared unconstitutionality of the second article of the law exempting foreign companies and contractors from fees, pointing out that they lead to damage to the general budget and a decrease in budget revenues.

"The court decided to rule on the unconstitutionality of article (2) of the law exempting foreign companies and subcontractors foreign contractors in the licensing rounds of fees No. (46) for the year 2017," the spokesman of the court Ayas al-Samuk said in a statement to be received by Mawazine News.

"The expert, who was commissioned to prepare a report containing the technical aspects of the subject of the appeal, and stated in his report that this addition lead to damage the budget and a decline in budget revenues, especially after the adoption of the budget, which is at the end of the fiscal year and this will increase the budget deficit And the rise in public debt. "

He pointed out that "the court found that the House of Representatives added the contested material - although it includes a financial burden - without reference to the Council of Ministers contrary to what is required by Article (62) of the Constitution in this regard, and contrary to what settled by the Court to return The House of Representatives when adding or modifying one of the articles of the draft law sent by the Council of Ministers, and this addendum or amendment include a financial burden and arrange financial burdens on the general budget.

"The court also found that it intersects with Article 47 of the Constitution, which stipulates the principle of separation of powers, with regard to the competence of each of them, and also corresponds to the provisions of Article (80 / I) of the Constitution, which assigns the Council of Ministers the authority to draw The general policy of the state, which shall be the general budget. "

[yota691]

The Federal Court postpones the appeal against the stay of the governor of Saladin in his post

Editorial date: 2017/12/18 13:24 • 74 times scheduled

[Ayna-Baghdad] 
The Supreme Federal Court ruled the unconstitutionality of a provision in the law exempting foreign companies and secondary contractors foreign contractors in the rounds of licenses fees, while adjourned to consider a case to challenge the survival of the governor of Salahuddin [Ahmad Abdullah al-Jubouri] in office until 29 of the month Next.

"The Federal Supreme Court held its session and considered a number of cases on its agenda," said Ayas al-Samuk, a spokesman for the court. 
He added that "the court decided to rule unconstitutional article [2] of the law exempting foreign companies and subcontractors foreign contractors in the rounds of licenses of fees No. 46 of 2017. 
He added that "the expert who was commissioned to prepare a report containing the technical aspects of the subject of the challenge stated in his report that this addition lead to damage the budget and a decline in budget revenues, especially after the adoption of the budget is at the end of the fiscal year and will lead to increased budget deficit and the rise of public debt" .
He pointed out that "the court found that the House of Representatives added the contested material - although it includes a financial burden - without reference to the Council of Ministers contrary to what is required by Article 62 of the Constitution in this regard and contrary to what has been settled by this court in the return of the House of Representatives at Adding or modifying one of the articles of the draft law sent by the Council of Ministers and this addendum or amendment include a financial burden and arrange financial burdens on the general budget. 
"The Court also found that this intersects with Article 47 of the Constitution, which stipulates the principle of separation of powers with respect to their respective jurisdiction, and also corresponds to the provisions of Article [80/1] of the Constitution, which entrusts the Council of Ministers with the power to draw the general policy of the State, Public budget among them. "
He pointed out that "the postponement of the appeal to keep the governor of Salah al-Din in his post to 29 of next month for the purpose of informing the Chief Integrity Commission and the Financial Control Bureau after the introduction of third persons in the case to hear them what is necessary to resolve." 
Article 49 (3) of the Personal Status Law No. 188 of 1959 amending the law on arbitrary divorce, in which the court affirmed in its decision that the absolute plaintiff is not the one who issued the law contested by Article from him". 
He said that the court decided to postpone the request to rule on the unconstitutionality of Protocol No. 4 of 2016 until the 29th of next month for not receiving the answer of the Minister of Foreign Affairs in addition to his job, which introduced a third party in the case for the purpose of clarification.

[adhoc10]

18 minutes ago, yota691 said:

He added that "the court decided to rule unconstitutional article [2] of the law exempting foreign companies and subcontractors foreign contractors in the rounds of licenses of fees No. 46 of 2017. 
He added that "the expert who was commissioned to prepare a report containing the technical aspects of the subject of the challenge stated in his report that this addition lead to damage the budget and a decline in budget revenues, especially after the adoption of the budget is at the end of the fiscal year and will lead to increased budget deficit and the rise of public debt" .

Hope they can hold the line on these corporate exemptions. Reminds me of the similar strategy of companies and contractors getting sweetheart deals to locate their businesses in US locations. It  eventually creates an atmosphere where the companies make huge profits at the expense of the local economy, which forfeits tax revenue  and other fees. However, it makes shareholders and investors giddy with anticipation of more revenue. In Austin, the practice is so prevalent that the city has become more of a host city to these deals and is increasingly supported by climbing residential property taxes which has made living in the city unaffordable  for many  residents. 

[yota691]

Federal Court issued a ruling unconstitutional article of the law exempting foreign companies and contractors in the rounds of licenses

18-12-2017 02:32 PM

Readers

 

Baghdad News -

 

 

The Supreme Federal Court on Monday ruled unconstitutional article in the law exempting foreign companies and subcontractors foreign contractors in the rounds of licensing fees, while adjourned to consider a lawsuit to challenge the survival of the governor of Salah al-Din in office until 29 next month. 

The official spokesman Ayas al-Samuk in a statement received 'Baghdad News' copy of it, 'The Federal Supreme Court held its session and considered a number of cases listed on its agenda'.

 

The statement added that 'the court decided to rule unconstitutionality Article (2) of the law exempting foreign companies and subcontractors foreign contractors in the rounds of licenses of fees No. (46) for the year 2017'.

 

The statement added that "the expert who was commissioned to prepare a report containing the technical aspects of the subject of the appeal stated in his report that this addition leads to damage the budget and a decrease in budget revenues, especially after the adoption of the budget at the end of the fiscal year and this will increase the budget deficit and high debt General '. 

The statement added that "the court found that the House of Representatives added the contested material - although it includes a financial burden - without reference to the Council of Ministers contrary to what is required by Article (62) of the Constitution in this regard and contrary to what was settled by this court to return Council Deputies when adding or modifying one of the articles of the draft law sent by the Council of Ministers and this addendum or amendment include a financial burden and arrange financial burdens on the public budget.

The court added that this contradicts Article 47 of the Constitution, which stipulates the principle of separation of powers with respect to their respective jurisdictions. It also conforms to the provisions of Article 80 (I) of the Constitution, which gives the Council of Ministers the power to formulate policy Of the state and the general budget of which '. 

The statement pointed out, 'to postpone the appeal to keep the governor of Salah al-Din in his post to 29 of next month for the purpose of reporting to the Chief Integrity Commission and the Financial Control Bureau after the introduction of third persons in the case to hear what is necessary to resolve. 

Article (39/3) of the Personal Status Law No. (188) for the year 1959 amending the Arbitrary Divorce Law, in which case the court asserted in its decision that the absolute plaintiff is not the one who issued the contested law With a substance '.

He said that the court decided to postpone the case of the request to rule unconstitutionality of Protocol No. (4) for the year 2016, until the 29th of next month for lack of response to the Minister of Foreign Affairs / in addition to his job, which introduced a third party in the case for the purpose of clarification.