The Federal Supreme Court decides that Article 43 of the Budget of 2015 is unconstitutional, related to the granting of a trademark

The Federal Supreme Court decided that Article (43) of the general budget regard the trademarks is unconstitutional, affirming that its legislation came in a form that violates the constitution.

 

Judge Abdul Sattar Bayraktar, the official spokesman for the Federal Judicial Authority, said, "The Federal Supreme Court has considered an appeal against Article (43) of the budget regard granting the trademark."

 

Bayraktar added, "The appeal was submitted by the prime minister and the minister of industry and minerals, in addition to their positions."

 

He explained that "the court found that this article did not exist in the original draft sent by the government to the Council of Representatives."

 

Bayraktar added that "it was decided to rule that the article is unconstitutional, because the parliament legislated it without returning to the government to obtain its approval or return the draft to it for the purpose of considering its proposals."

 

"The decision stressed that preparing the budget is the prerogative of the Council of Ministers and in accordance with the principle of separation of powers stipulated in Article 47 of the Constitution," he added.

 

Bayraktar indicated that "the court's decision was consistent with Article 80 / First of the Constitution, which stipulates the competence of the Council of Ministers to plan and implement the state's general policy, general plans, and oversee the work of ministries and agencies not associated with a ministry."

 

 He continued by saying, "The decision also came in line with Article 110 of the Constitution, which granted the federal authorities the power to draw fiscal policy, customs, issue currency, organize trade policy across regional and governorate borders in Iraq, set the state's general budget, draw monetary policy, establish the central bank, and administer it.".