Lawmakers promise to restore the budget to the House of Representatives (a constitutional breach)
BAGHDAD / Sabah / Omar Abdul Latif / Muhannad Abdul Wahab
counted parliamentary circles, rejected the President of the Republic, Fuad Masum, the ratification of the Federal Budget Law for 2018 and return to Parliament, because of what he described as " Legal and constitutional violations, "is unconstitutional and can not be accepted.
While they hinted at the existence of political motives forced the President to return to parliament, they confirmed that it will be considered as a ratification after 15 days of sending to the presidency of the republic.
For his part, the Speaker of the House of Representatives, Salim Jubouri, that the budget «has become a law and will not be submitted to the House of Representatives again».
The Prime Minister, Haider Abadi, has confirmed, in the first official reaction to the re-budget to parliament, on Tuesday, that "no one has the right to suspend the general budget of the country after the vote by the House of Representatives," expressing his hope to »A copy of the budget of the Presidency of the Republic to be effective».
The budget has become «law»
as the Speaker of the House of Representatives, Salim al-Jubouri that the draft budget law became «a law after the vote by the Council» pointing out that any observations can be fixed on the origin of the law and challenged in the Federal Court.
Al-Jubouri pointed out that "the formula of rejection in a way (veto) does not exist in the Iraqi constitution and can not be adopted as a way to reject," explaining that "the House of Representatives is not interested in the draft budget bill again or to make any vote on any paragraph of what was voted To be taken into account by pursuing the normal procedures of publishing.
" The Speaker of the House of Representatives to "consider the observations of the observations made but they have no impact on the origin of the law as a law was voted on," stressing that "the budget is still after the vote in the House of Representatives and take their natural contexts publication and time limits set by the Constitution," stressing that " The budget will not be presented again to the House of Representatives and there will be no paragraph in the review of voting at all. "
Jubouri said that "the natural situation after the vote of the House of Representatives on the budget be in view of the nature of the observations that were submitted and then re-sent to the presidency of the Republic to take the time period for the purpose of publication is an explicit violation of his part, said a member of the Legal Committee, Mahmoud Hassan, in a statement:
The President of the Republic to re-draft the federal budget law for the year 2018 is a clear violation of the Constitution and in violation of its provisions », noting that« the provisions of Article (73) of the Constitution showed the powers of the President of the Republic, especially paragraph (III) of the said article (approves and issues laws enacted by the House of Representatives and is a validated They sold D.
Fifteen days have elapsed since the date of delivery. Consequently, the President of the Republic may not reinstate the laws legislated by the House of Representatives.
Al Hassan pointed out that «this authority was entrusted exclusively to the Presidency Council, which was in the first session only in accordance with the provisions of Article (138 / V) of the Constitution, which has the right to return the draft laws voted by the House of Representatives for reconsideration», adding that «the Court The Federal Supreme Court confirmed its decision No. (18/2009) on
4/8/2009 to this effect.
Therefore, the President of the Republic clearly disregarded the rights of citizens from different sectors, headed by the employees whose waivers were lifted, in addition to the service projects that are needed .
In turn, the member of the Committee, Hassan al-Shammari, saw that two reasons, one legal and the other political, called on the President of the Republic to restore the budget, explaining, in an interview with «morning», that «the right of the President of the Republic, first, to make comments on the budget or any resolution issued by the House of Representatives This right is based on Article 138 paragraph V of the Iraqi Constitution and that the Council to address the observations and approval by simple majority (half present + 1) and sent to the presidency and published in the Official Gazette after that ».
Al-Shammari added that "if the Council does not agree and insists on its position not to accept the remarks, then the President of the Republic either to take the opinion of the House of Representatives or return it (Parliament) again, and in the event of approval of the Council’s decision back the budget and vote on it by three-eighth members of the Council and ratify And there is no need to return them to the presidency a third time.
" Appeal to the federal
For his part, MP Mohammed al-Lakash, said that the budget after the vote of the House of Representatives, has gained legitimacy and ratification is nothing more than a formality.
Al-Lakash told Al-Sabah that he was the first president to ratify it and not to return it to the House of Representatives on the grounds that there are formal and technical problems, although it is far from its competence.
He pointed out that «in the event of such problems can go To the Federal Court and the appeal ».
While pointing MP, Mohammed al-Shammari, that the Parliament will verify the observations sent by the Presidency of the Republic and address if found right and then vote by one decision on the paragraphs indicated without the need to vote on all paragraphs.
Al-Shammari called on politicians and media to "be careful in expressing their positions towards the presidency and the Council of Representatives, and that all remain in the framework of professional work, because those paragraphs if they violate the constitution, the parliament is obliged to amend them and return them to the presidency for approval.
In the meantime, attributed the MP for the rule of law, Abbas al-Bayati, the re-President of the Republic budget to the Parliament that «the Kurds are not satisfied with some paragraphs».
Al-Bayati said that «an important part of the budget of the region was allocated to cover the salaries of employees», noting that «the last step of the Prime Minister in regard to airports and border crossings positive messages confirm that the purpose of approving the budget was to achieve justice and not derogate from the rights Party on another account ».
Al-Bayati said that «the budget should provide part of the needs of the region as it provides part of the needs of other provinces», adding that «the insistence of the region on the demands of a normal political process, but the federal parliament approved the budget in a democratic manner so the region to engage in dialogues to convince his political partners and the Iraqi people that His needs are more than he acknowledged. "
Al-Bayati concluded by saying: "The percentage of population approved by the Ministry of Planning was the criterion in the distribution of revenues to all Iraqis."
The position of the Kurdish blocs
While MP Karam Arafat pointed out that the Kurdish blocs their position is clear from the budget and did not participate in the first reading and the second did not participate in the vote on them, pointing out that «the budget is in the interest of certain blocks for electoral purposes and did not meet the demands of the citizens of Kurdistan so we suggested to the political leadership asylum To some options because the withdrawal from parliament is impossible at this time and withdraw from the political process difficult to near the elections ».
On the other hand, the head of the «Change» Parliamentary bloc Amin Bakr, the House of Representatives to deal «professionally» with the remarks made by the President of the Republic on the federal budget.
Bakr said in a statement: "The President of the Republic and after a comprehensive review of the budget found that it included nearly 31 articles of violation, some legal and some constitutional, in addition to other materials need to formulate a more solid legal, which led him to return to the House of Representatives to amend
Bakr, a member of the parliamentary legal committee, said that "the failure of the legal committee to participate in the budget preparation stages was the main reason for this failure, which was expected by us as a result of the obvious weakness and fragility in the formulation of the budget that was voted on,"
adding that " Included in the budget, not to mention the illegal formulations, some of which included a waste of public money, such as the situation of three trillion dinars can be increased with the financial abundance at the disposal of the Prime Minister is in violation of the law of financial management and public debt, in addition to other constitutional remarks concerning the percentage of Kurdistan and other allocations Singled out doors that we think are unnecessary and burdens the budget. "
He stressed Bakr on «the need not to go over those remarks by the political blocs and be dealt with full professionalism with those observations and address it because the end will be a stage of the life of the House of Representatives and we have to be careful to write in the best form».
The MP of the coalition of state law, Zeinab al-Khazraji, that the ratification of the President of the Republic on the laws that are voted in the House of Representatives and sent to the President of the Republic honorary protocol as approved by the Constitution in Article 73 and does not entail legal matters whether ratified or not ratified ,
Explaining that it is not the right of the President of the Republic to restore the budget to the House of Representatives or decide what are the irregularities in the budget as it is not within the jurisdiction of the President of the Republic on the grounds that the budget will be work after two weeks of voting.
Khazraji added in a press statement that the budget law for this year was much delayed and the projects and the interests of the Iraqi people were all disrupted because of the lack of approval and it was better for the President of the Republic to take full responsibility and ratify the budget because it does not bear the delay more », indicating that« the budget this year achieved justice between All governorates were distributed revenues equally by population ratios, including the provinces of Kurdistan ».
Legal effects In the same context, a member of the parliamentary legal committee, Hamdiya Husseini, that the President of the Republic can not veto the budget because there is no authority under the Iraqi constitution to veto the laws enacted by the House of Representatives.
Al-Husseini confirmed in a press statement that Article 73, paragraph 3 of the Constitution stipulates that the President of the Republic shall ratify and issue the laws enacted by the Council of Representatives and shall be considered ratified after fifteen days from the date of receipt.
Therefore, the budget is ratified by it after 15 days from the date of receipt, and the objection has no legal effect.