The future of the federal budget after challenging the government with some paragraphs

The federal budget is one of the important tools of any government in most countries, and it is considered one of the manifestations of sovereignty and it is the national, moral and professional duty to ensure that it is prepared and implemented with the quality that expresses the will and seriousness in achieving goals and objectives, and some believed that the demise of totalitarian rule would open the way fully for producing budgets that compensate the people for the deprivation they suffered In it, the resources and wealth of the people are used correctly, and this was not witnessed by the country for the years that followed 2005.

The federal budgets witnessed the same errors, whether related to delay in preparation or containing a deficit that turns into a surplus later on and the adoption of reproduction of its components or in the weakness of the actual goals that it achieves or in the disappearance of a number Years and descriptions in this regard are long, and some expected that the 2023 budget would differ from its predecessors in order to be in line with the government program, which contained many promises to make it the beginning of hope that it would be away from delay every year, being the basis that will be approved for three years (2023, 2024, 2024).

However, its beginnings I mentioned many notes, which gave the impression that it will not be at the level that fulfills the wishes, and the features of that began to appear in the stages of its preparation, which I mentioned several attempts to politicize, and despite the attempts of the government and the Finance Committee to preserve the unity of the budget and make it compatible with the needs and the government program, only Some things got out of control when voting on its paragraphs, which lasted for hours, most of which were in the evening and extended until dawn for several days, and although the discussion and voting sessions were not reported by the media as it is supposed to, the audience got acquainted with many details through leaks in the media and the means Social communication, and before and during the House of Representatives’ vote on its paragraphs, which witnessed (bazaar) in addition, deletion, and amendment. The possibility of adding to the total (explosive) expenditures, which amounted to 199 trillion dinars.

And based on the powers stipulated in the constitution and in view of the publication of the Federal Budget Law in the Iraqi Gazette, Issue 4726 on June 26, 2023, the Presidency of the Council of Ministers submitted an appeal to the Federal Court within the period specified for the appeal, in which it indicated that the House of Representatives had included, amended and added articles and paragraphs in the draft budget law that it submitted The government, which constitutes a constitutional violation in both formal and substantive terms, as well as a violation of what the constitutional judiciary has settled in Iraq. The appeal included ten issues mentioned in 12 paragraphs of the law, and the presidency demanded that a royal order be issued to stop the implementation of what was included in those articles until the lawsuit is resolved and the ruling is unconstitutional and the invalidation of these articles.

The Federal Court announced that it had received the appeal and accepted it and referred it to the Presidency of the Council of Representatives to answer it within the legal period, and the matters that were appealed object to (granting the governors the power to sell land to the citizen after developing it, the formula approved in managing the affairs of those who hold the rank of general manager) formation is not managed by making it the prerogative of the Council of Ministers without the need to submit a personal request. The powers granted to the compensation sub-committees whose value does not exceed 50 million dinars, to collect deductions from employees and retirees at a rate of one per thousand dinars for the benefit of the Martyrs Fund of the Ministry of the Interior, granting the exception to the Council Representatives in appointing 150 individuals from the paragraph that required stopping appointments, excluding the Supreme Judicial Council and the Federal Government Court from the paragraph stopping appointments, granting university councils the power to contract with the private sector for a partnership contract in the field of building hospitals and investment laboratories, amending the allocated paragraph by adding additional allocations for work arms, obliging the government By ending the management of state institutions by proxy no later than the end of next November, allocating a percentage of the amounts collected by the enforcement departments for debts and distributing incentives to workers, amending the date approved by Cabinet Resolution 315).

It is expected that the Federal Court will issue the state order to stop the implementation of these articles based on the detailed justifications provided by the Presidency of the Council of Ministers, and that the issuance of the order will stop the work of all that has been challenged until the issue is resolved after the House of Representatives presents its defenses in this regard, and from a logical and legal point of view, subjecting these Paragraphs to appeal The implementation of the paragraphs and other articles contained in the Federal Budget Law 2023 should not be hindered, unless appeals are received later.

The important question is, is it possible for other parties to submit an appeal to articles and paragraphs of the law? And the answer is that it is possible according to the constitution. It is the right of the parties (and not the individuals) who are affected or who find a violation of the constitution to appeal to the Federal Court with all the provisions of the federal budget within the period allotted for appeal of 30 days from the date of publication in the Official Gazette, and according to what is being circulated, there are intentions of the administration Kurdistan Region to challenge some of the articles and paragraphs that you see as abuses In response to the paragraphs that were overturned in the 2023 budget!! .

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