The Federal Supreme Court ruled that some paragraphs of the Federal General Budget Law No. 23 for the fiscal year 2021 are unconstitutional
Baghdad / media of the Federal Supreme Court
The Federal Supreme Court issued its ruling unconstitutional and repealing some paragraphs of Law No. 23 of 2021 (the federal general budget of the Republic of Iraq for the fiscal year 2021).
The Federal Court ruled that it was unconstitutional and repealed the phrase contained in Article (2/First/4/A) of the Federal General Budget Law of the Republic of Iraq for the fiscal year 2021, which includes the obligation to audit the reconstruction plan for the governorate, districts and sub-districts prepared by the governor by the Finance Committee in the Council of Representatives in regard of the sectoral distribution
The appeal was dismissed regarding the unconstitutionality of Article (2 / first / 4 / zin) of the Federal General Budget Law of the Republic of Iraq for the fiscal year 2021, which includes obligating the Ministry of Finance to the limits of the allocations mentioned in table (B) and redistribute the allocations, both operational and capital, and categorize them at the level of sections and chapters
It also issued its decision dismissing the appeal regarding the unconstitutionality of the phrase contained in Article (2/First/4/heh) of the same law, which includes “authorizing the governor the authority to approve the spending plan.”
With regard to Article (2/First/8) of the Federal General Budget Law of the Republic of Iraq No. 23 for the fiscal year 2021, the court issued its decision of its unconstitutionality and repealing, which included the establishment of a (Petrodollar Fund) in the governorates producing crude or refined oil or gas, which is managed by the concerned governor and it financed from the increase in the price difference obtained in the selling of crude oil.
it also issued its decision of unconstitutional and canceling Article (12/Second/B), which includes obligating the Council of Ministers to disengage and restructure departments and divisions in ministries and agencies not affiliated with a ministry that exercise, under its laws, tasks corresponding to the tasks carried out by the Federal Service Council..etc.
As for Article (18/Third/B), which stipulates “imposing a tax at a rate of (15%) on imported fuel, which is sold directly through gas stations,” the Federal Court ruled that it is unconstitutional and repealed it.
As for Article (50/a) subject to challenge of the Federal General Budget Law of the Republic of Iraq for the fiscal year 2021, which states that “The Minister of Finance may add financial allocations to fill the shortfall in employee compensation from salaries, contractors’ wages and daily wages, if any, provided that the total amount does not exceed “500” billion dinars, provided that it is audited by the Federal Financial Supervision divan later.
The Federal Supreme Court ruled that it is unconstitutional and repealed the phrase contained therein, which included “that the total amount does not exceed 500 billion dinars.”
And the court issued its decision to dismiss the appeal against Article (50/c) of the Federal Budget Law for the year 2021, which includes “obligating the Council of Ministers to increase the current prices for the purchase of wheat, barley and rye crops from farmers by (50) thousand dinars per ton.”
It also issued its decision of unconstitutionality and canceling Article (56/Third) of the Federal Budget Law for the fiscal year 2021, which includes stipulating the obligation of extractive oil companies not to include expenses for licensing round contracts within the lists of calculating the costs of the current activity
As for Article (58) of the Federal Budget Law for the fiscal year 2021, which includes the obligation of the Council of Ministers to send the names of those entrusted with the positions of heads of independent bodies, special grades, acting ministers and advisors to the Council of Representatives no later than 30/6/2021. The Federal Court ruled that the appeal against it was dismissed.
