Transfer 70% of the powers of the federal government to the liberated provinces

[Butifldrm]

OSTED ON 2019-02-26 BY SOTALIRAQ

POSTED ON 2019-02-26 BY SOTALIRAQ

Transfer 70% of the powers of the federal government to the liberated provinces

Baghdad / Mohammed Sabah

Four ministries completed the transfer of their powers fully to the provinces of Anbar, Salah al-Din and Nineveh based on the third amendment to the law of the provinces not organized in the region No. (21) for the year 2008, while the same law impede the completion of the transfer of powers of the Ministries of Education and Health.

The Secretary-General of the Supreme Committee for Coordination between the provinces in the Council of Ministers Turhan Mufti in an interview with (range) that "the process of transfer of powers continues gradually from the federal ministries covered by Law No. (21) amended to the provinces liberated from the control of organizations advocating, 70% like other cities and provinces. " 
Mufti explained that "there are four ministries have completed the transfer of powers to the provinces of alien (Anbar, Salah al-Din and Nineveh) fully" without mentioning, stressing that "the provinces of the center and the south completed the transfer of powers from the ministries of 100%." 
The former House of Representatives approved on January 14, 2018, the third amendment to the Law of Governorates in a region where the governors were granted a mandate to move the military units within the borders of their provinces in the event of disturbances that threaten security in the province.
The mufti pointed out that "there is a legal problem contained in the third amendment to the law of transfer of powers to the governorates not organized in the territory No. 21 is the exception of the Ministries of Taribah and health in the transfer of powers to the provinces, which affected the transfer of powers to foreign cities. 
The government official attributed the delay of the Ministry of Municipalities, Reconstruction and Housing in the transfer of powers to its departments in the provinces of Anbar, Salahuddin and Nineveh to "routine in the process of transfer of powers," stressing that "the government is considering the completion of the transfer of powers to all ministries and then devote to seek a solution to the problem of suspicion and health" . 
The official in the government lied about "the decline of the ministries of health and suspicion and the withdrawal of powers granted to the provinces before the vote of the House of Representatives on the latest amendment," pointing out that "Taribah and health demanded to withdraw their powers but did not take place."
He explained that the third amendment did not stipulate the term "retroactive effect," but rather the granting of the right of transfer of powers to these two ministries (education and health) to the Council of Ministers. 
The Secretary-General of the Supreme Committee for Coordination between the provinces in the Council of Ministers that "there are those who argue the existence of a decision of the State Consultative Council in the return of powers from the provinces to these ministries, which was based on Article VI of the law, which is a non-binding statement to any party, That "in case of reliance on Article IV of the Law of the State Consultative Council to decide and to resolve this problem will be binding on all parties."
The role of the Council of State Shura shall be given to the Council by codifying and expressing opinions on the legal matters of the State and the Socialist Sector in the light of the legislative policy of the State at the stage of socialist construction. The Council's work shall be confidential. Article 6 provides for the Council's practice in the field of opinion and legal advice. 
"The federal budget law of 2019 cut doubt on certainty when allocated funds to the health and credit departments as institutions of the provinces, as well as granting the law powers to the Minister of Finance to move departments from ministries to the provinces." 
The Mufti believes that "continued interactions between the federal government and local governments is normal in decentralized systems," adding that "these interactions is not a bad factor in the transfer of functional and financial and administrative powers and disengage from the federal ministries of local governments."
"The transition from one phase to another requires a middle area where there is a rapprochement between the federal government and local governments," he said. It shows that "the federal government began to move to the decentralization system since 2010, but the actual implementation of the work of this system was in 2015 after the comprehension of this system." 
The Supreme Authority for Coordination between the governorates, the institution, in accordance with Law No. (21) on the transfer of powers between the ministries and governorates. 
The federal government has started to give wide powers to governorates that are not organized in a region after the approval of the Provincial Law No. 21 of 2008 to transfer those powers which included 8 ministries (municipalities, public works, reconstruction, housing, labor, social affairs, education, health, agriculture, finance, sports and youth).
For his part, a member of the Legal Committee in the House of Representatives Saeb Khedr that "the transfer of powers abused by local governments did not provide anything, although the Iraqi constitution is based on the system of administrative decentralization," adding that "the transfer of powers did not come true frameworks." 
Khaddar said in a statement that "there is friction in the placement of appointments by local governments and the uniqueness in making a lot of decisions without reference to the federal government by not using the provisions of the law in the right manner." 
He pointed out that "local governments even exceeded the powers of the federal government, which made the governor as prime minister," believing that "the transfer of powers must be limited frameworks and in the form of doses."
Meanwhile, a member of the Committee of the region and the provinces in the former parliament, Mahmoud Reza, saying that "the problem contained in the third amendment in the previous session is the exception of the ministries of health and suspicion in the transfer of powers to the provinces." 
"There is a parliamentary movement led by some large blocs to return to the central system and retreat from decentralization." He pointed out that "the transfer of powers to the provinces accompanied by a major failure of local governments after the spread of financial and administrative corruption and overlap in the powers." 
The Iraqi politician believes that "naturally there is a failure in the nascent experience in Iraq and the transformation of the decentralized system," pointing out that "the decentralized system forces the provincial councils to be a strong anchor on the local executive authority and not interfere in its work and powers.

https://www.sotaliraq.com/2019/02/26/نقل-70-من-صلاحيات-الحكومة-الاتحادية-إلى/

[ChuckFinley]

Thanks Bitifldrm,  seems like the process has started.

[Butifldrm]

The origonal thread was closed so I brought over the Second Amendment to the  Law on Governates Not Organized.

 

 

Law Second Amendment to the Law on Governorates not organized in a region (21) for the year 2008

By Butifldrm, June 23, 2013 in Iraq & Dinar Related News 

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Butifldrm

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Posted June 23, 2013

 

Law Second Amendment to the Law on Governorates not organized in a region (21) for the year 2008

 

23-06-2013 | (Voice of Iraq) -  Add a comment - 

Sunday 23 June 2013 

Name of the people 

Presidency of the Republic 

Based on what passed the House in accordance with the provisions of the first item of Article (61) and Section III of Article (73) of the Constitution. 

President of the Republic decided on / / 201 version of the law as follows: - 

No. () for the year 

Second Amendment to the Law on Governorates not organized in a region (21) for the year 2008 

Article 1 - The text of Article (1) of the Act and replaced by the following: - 

The following expressions shall for the purposes of this Act shall have the meanings set forth with respect to each of them: - 

First: Law: Law governorates not organized in a region. 

Second: Province: administrative unit within its borders and is made up of the districts, areas and villages. 

Third: Council: Council of the province. 

Fourth: the local council: Judicial Council - the Council. 

Fifth: Councils: Council - the local council. 

VI: Administrative Unit: conservative - the judiciary - side. 

Seventh: The head of the administrative unit: Governor - District Commissioner - the manager. 

Eighth: top positions: General Managers - and heads of security agencies in the province who are the rank of director general. 

Proposed amendment: 

Eighth: top positions: General Managers and directors of departments and heads of security agencies in the border province. 

IX: absolute majority: realized half + 1 of the number of Members 

Tenth: simple majority: realized half + 1 of the number of members present after a quorum. 

Item added: 

XI: Local Governments: councils and administrative units. 

Article - 2 - 

Repealed Article 2 - of the law and replace as follows: - 

Article 2 - 

First: the provincial council: Is the legislative and regulatory authority in the province has the right to issue local legislation, including position to manage its affairs in accordance with the principle of administrative decentralization not inconsistent with the Constitution and federal laws that fall within the exclusive powers of the federal authorities. 

Second: councils have legal personality and financial independence, represented by its President or his nominee. 

Third: The boards are subject to the control of the House of Representatives. 

Fourth: local governments are responsible for all management required by the administrative unit in accordance with the principle of administrative decentralization. 

Fifth: local governments exercise the powers prescribed in the Constitution and federal laws in local affairs except for the exclusive powers of the federal authorities provided for in Article 110 of the Constitution. 

Sixth: managed disciplines common prescribed materials (112, 113 and 114) of the Constitution, in coordination and cooperation between the federal government and local governments and the priority in which the Law of the governorates not organized in a region in case of dispute in accordance with the provisions of Article 115 of the Constitution. 

Article 5 - 

Canceled the second clause of Article (6) of the Act and replace it مايأتي: - 

Second: compensation is at the end of the member verification one of the cases provided for in this article in accordance with the electoral system in force. 

Article - 6 - 

Canceled items (I and IV, VI and IX / 1 and eleven) of Article (7) of the Act and replaced by the following: - 

First: the election of the Speaker and his deputy, by an absolute majority of the members of the Council in the first session of the Council at the invitation of the Governor within (15) fifteen days from the date of approval of the election results in the case not to invite the governor to convene the Council held automatically on the day (16) XVI, and shall be held The meeting chaired by the oldest member. 

Fourth: the general policy of the province and determine priorities in all fields and mutual coordination with the concerned ministries and authorities in the event of disagreement be a priority for the provincial council's decision. 

Sixth: control over all activities of government departments in the province to ensure the proper performance of their work. 

IX: 1 / owners approve the appointment of senior positions in the province absolute majority of the members of the council, after three people are nominated by the governor within one month from the date of nomination. 

A ten: 

1) approved by an absolute majority of the members of the Council to make changes to administrative districts, counties and villages integration and development or change their names and their status and their formations administrative within the boundaries of the province on the proposal of the Governor or one third of the members of the Council with the necessity of the approval of an absolute majority of the councils concerned by the change. 

2) First: - Allocation of land belonging to the ministries and departments not associated with the Ministry of the province for the purpose of establishing the service and construction projects in the province and with the consent of the Council of Ministers with the exception of the following territories: - 

A. Territories outside the municipal boundaries of the province or the judiciary or the area. 

B. Farmland and orchards whatever their sex or unique. 

C. Territory existing projects or allocated for the establishment of the projects. 

D. Lands allocated for investment in the province. 

E. Territory allocated to institutions of martyrs and political prisoners. 

And. Territory allocated to the endowments. 

G. Green areas and not inconsistent with the basic design of the province's oil and archaeological sites. 

Second: - The approval of the establishment of housing projects on land belonging to the ministries and allocated by it to maintain. 

3) transfers within the doors of the balance between the administrative unit of the projects lagging projects and inform the Ministry of Planning to do so. 

4) Approval of the declaration of a two-thirds majority of the curfew, at the request of the governor and in coordination with the competent Federal authorities in cases that require it. 

Article - 7 - canceled Paragraphs (VII and VIII) of Article (8) of the Act and replaced by the following: - 

First: the election of the Chief Justice an absolute majority of members in the first session of the Council at the invitation of the District Commissioner within (15) fifteen days from the date of approval of the election results in the absence of an invitation District Commissioner of the Judicial Council convenes automatically in the sixteenth day and held the meeting under the chairmanship of the largest Member We are not. 

Seventh: The approval of the basic designs in the judiciary and to make recommendations thereon to the District Commissioner and the governor referred to the Council. 

Eighth: monitoring the activities of educational, health and agricultural and social - all activities of interest to the judiciary and work to develop, in coordination with the competent authorities. 

Article - 8 - canceled items (first and fourth and fifth) of Article (12) of the Act and replaced by the following: - 

First: the election of the President of the Council of the absolute majority of the number of members in the first meeting of the Council at the invitation of the director of the within (15) fifteen days from the date of approval of the election results in the absence of the Director of the of the Council, convened the Council automatically on the day (16) VI century, and the meeting is being held under the chairmanship of the oldest member. 

Fourth: control over the activities of government departments in the district to ensure proper functioning. 

Article 9 - canceled articles (10) and (13) of the Act, and replaced by the following: 

Entitled to the heads of administrative units and heads of security agencies and directors of departments attend regular meetings of the boards at the invitation of their councils without the right to vote. 

Article -10 - 

Canceled the item (2) of Article (15) of the Act and replaced by the following: - 

-2 - For councils to decide an absolute majority of its members to prevent a member from a meeting one or more of its meetings should not exceed three sessions if the Council acts offended the Council on reputation. 

Article -12 - 

First: repealed item added 

Second: canceled Paragraph (2) of Section III of Article (20) of the Act and replace ماياتي: - 

2 / for one third of the members of the council dissolved or User article that objected to the decision of the solution before the Administrative Court within (15) fifteen days from the date of issuance. 

Article - 14 - 

Items canceled (VIII and X) of Article (31) of the Act and replaced by مايأتي of: - 

Eighth: take administrative and legal actions against state employees working in the province and according to their own laws and authorizes the validity of the competent minister. 

Tenth: 

1. The governor direct authority over all the organs in charge of the duties of protection and the maintenance of security and system operating in the province. 

2. If the governor saw that the organs in charge of maintaining security and order is able to accomplish its duties, it should immediately command displays the commander in chief of the armed forces, noting the amount of force sufficient to accomplish those duties. 

3. Coordinate federal authority with the governor in advance when implementing security functions within the province. 

Article -21 - 

Repealed Article (44) of the Act and replace as follows: - 

Article -44 - The financial resources of the province of the following: - 

First: What specialization federal budget to maintain enough to do is in charge and responsibilities, according to the proportion of the population where the degree Mahromep and to ensure balanced development of the various regions of the country. 

Second: The revenues generated in the province, except for oil and gas included.: - 

1. Services provided by wages and investment projects carried out. 

2. Taxes and fees and fines imposed in accordance with federal and local laws window within the provinces. 

3. Sale and rental allowances of state funds movable and immovable property. 

4. Rents land exploited by companies. 

5. Taxes imposed by the Council on companies operating in compensation for environmental pollution and damage to infrastructure. 

6. Donations and grants offered to the province in accordance with the Constitution and federal laws. 

7. Half revenues border points. 

8. (5) five dollars for each barrel of crude oil producer in the province, and five dollars for each barrel of crude oil refined in the refineries to maintain, and five dollars for each (150) one hundred and fifty cubic meters of natural gas producer in the province. 

Third: Restrict local authorities a fair share of the administrative units that followed, including enough to promote is in charge and responsibilities according to the percentage of the population. 

Article - 22 - 

Add the following items to the law: 

Article (a) repealed Article 45 of the Act and replace ماياتي: - 

Article -45 - 

First: establish a body called (the supreme body for coordination between the provinces), headed by the Prime Minister and the membership of ministers (of Municipalities and Public Works, Construction and Housing, Labour and Social Affairs, Education, health, planning, agriculture, finance, sports and youth) and Minister of State for Provincial Affairs, governors and council chairmen holds the provinces as follows: - 

1. Transport sub-districts, devices, jobs, services and functions exercised by the Ministries of Municipalities and Public Works, Construction and Housing, Labor and Social Affairs, Education, Health, Agriculture, Finance, Sports and Youth) with credits allocated to general budget, staff and employees to the provinces within the scope of its functions set out in the the Constitution and relevant laws gradually and remains the role of ministries in the planning of public policy. 

2. Coordination between provincial and everything related to their affairs and local departments and address the problems and constraints faced. 

3. Development of mechanisms for the management of shared competencies between the federal government and local governments provided materials (112, 113 and 114) of the Constitution. 

4. Consider the mandate of the federal authorities required by the local governments of the federal government and vice versa, for the management of investment projects and facilitate the administration of the provinces in accordance with the provisions of Article 123 of the Constitution. 

5. Accomplish its body referred to in paragraph (a) above, within two years from the date of entry into force of this law, and in the case of non-completion of these tasks These functions are transferred to the rule of law. 

6. Shall meet once every two months and at least one or whenever the need arises. 

7. Place an internal body to regulate its meetings and its follow-up. 

Second: established in each province a coordinating body headed by the governor and the heads of the administrative units of the province and heads of boards of districts and areas of the province holds the following: - 

1) address the common affairs between administrative units. 

2) devolution of powers to the heads of administrative units. 

Article () 

Canceled neighborhoods and councils incisors when the election results are ratified the province and district councils and deserves its members pension rights legally prescribed to them. 

Article - (a) 

Treats members of the Regional Council of the province of Baghdad canceled the treatment of members of the provincial council in terms of pension rights. 

Article () 

Worthy of the President of the Council for his monthly remuneration tied Maitkadah and Deputy Minister. 

Article () 

In addition to the requirements prescribed in this Act for the mayor and the manager has to be functional service of not less than five years. 

Article - (a) 

This law shall be from the date of its publication in the Official Gazette, and does not do any provision inconsistent with its provisions. 

Reasons 

In order to address the shortcomings that have emerged through the application of provincial law is not organized in a region (21) for the year 2008 and expand the powers of local authorities and increase the financial resources of the administrative units so that they can manage their affairs has initiated this law.

Read more: http://translate.googleusercontent.com/translate_c?depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.com&sl=ar&tl=en&u=http://www.sotaliraq.com/mobile-news.php%3Fid%3D105719&usg=ALkJrhgoOBX5rOEhO4819OFcbBCGF3XJTA#ixzz2X3lFYU95

 

[ChuckFinley]

Bump my first commit. 

[yota691]

Documents: Council of Ministers resolve the debate on the relationship between the Ministries of Health and Education in the provinces

09:51 - 03/03/2019

 

 

 

 

Baghdad Mawazin News 
Cabinet resolved the debate on the relationship between the Ministries of Health and Education in the provinces. 
And obtained / Mawazin News / the documents indicate the clarification of the Council of Ministers on the third amendment No. 10 of 2018 Law 21 of 2008 amended. 
The four ministries have completed the transfer of their powers fully to the provinces of Anbar, Salah al-Din and Nineveh based on the third amendment to the law of the provinces not organized in the region No. (21) for 2008, while the same law impede the completion of the transfer of powers of the Ministries of Education and Health. 
The secretary-general of the Supreme Committee for Coordination between the provinces in the Council of Ministers Turhan Mufti that "the process of transfer of powers continues gradually from the federal ministries covered by the law No. (21) amended to the provinces liberated from the control of organizations advocating, where the transfer amounted to 70% similar to cities And other provinces. "
Mufti explained that "there are four ministries have completed the transfer of powers to the provinces of alien (Anbar, Salah al-Din and Nineveh) fully" without mentioning, stressing that "the provinces of the center and the south completed the transfer of powers from the ministries of 100%." 
The former House of Representatives approved on January 14, 2018, the third amendment to the Law of Governorates in a region where the governors were granted a mandate to move the military units within the borders of their provinces in the event of disturbances that threaten security in the province. 
The mufti pointed out that "there is a legal problem contained in the third amendment to the law of transfer of powers to the governorates not organized in the territory No. 21 is the exception of the Ministries of Taribah and health in the transfer of powers to the provinces, which affected the transfer of powers to foreign cities.
The government official attributed the delay of the Ministry of Municipalities, Reconstruction and Housing in the transfer of powers to its departments in the provinces of Anbar, Salahuddin and Nineveh to "routine in the process of transfer of powers," stressing that "the government is considering the completion of the transfer of powers to all ministries and then devote to seek a solution to the problem of suspicion and health" . 
Ended 
 m h n

[Butifldrm]

Committees of the Regions and Governorates Committee in an importantregion 

The Committee of the Territories is discussing with the Institute of Canadian Governance and the representative of the Government in the House of Representatives to make amendments to the draft provincial law No. 21

 March 13, 2019

 The Regional and Non-Provincial Regions Committee met at its meeting on Wednesday 13/3/2019 under the chairmanship of MP Hassan Ali, Mr. Turhan Mufti, Government Representative in the House of Representatives and a delegation from the Canadian Governance Institute .  

The meeting discussed the proposed amendments to the draft law of the provinces that are not organized in the territory No. 21 and the transfer of powers to the provinces.

The delegation of the Canadian Institute of Governance expressed its readiness to support the committee and provide advice on the transfer of powers.

http://ar.parliament.iq/2019/03/13/لجنة-الأقاليم-تبحث-مع-معهد-الحوكمة-الك/