BAGHDAD - morning
despite the fact that the Iraqi Constitution devoted an entire chapter is Chapter IV of independent bodies and the approved work and relate to, but the debate is still on them every now and then mounts obsessed with maintaining their independence fully and fear that Tajir to the party or political entity, which appends damage legal strength which is supposed to protect it from any external interference and whatever was controversy and regardless of what raises it is a clear reference to the extent of freedom of expression and the level of democracy in Albulad.vkd hold an expanded meeting early last April, in the advisory board included representatives of the Presidency and the Legal Committee The Federal Supreme Court and the General Secretariat of the Council of Ministers and the Prime Minister's Office and independent bodies, devoted to a detailed discussion of the vision provided on the link independent bodies. "Al-Sabah" published opinion of the advisers in the Presidency of the Council of Ministers in line with this trend. The full text of the vision: comes the name of God the Merciful Introduction: According to the Council of Ministers Resolution No. (7) for the year 2014 commissioned by the President of the board of advisers to prepare a vision for resolving the dispute over the link independent bodies within his departure to take the actions required to implement and document the political agreement between the political blocs for the year 2014. The President of the board of advisers held a series of meetings, meetings, as shown in the accompanying study linked reached to prepare the vision outlined in the study, which were introduced in the Council of Ministers meeting referred to in the above. After discussion, the Council of Ministers face the adoption of the concept contained in the vision and recommendations, and authorized the President of the board of advisers to contact the Presidency and the House of Representatives and display vision on them in order to reach a unified position on the resolution of the dispute. has received the advisers answers Presidency of the Republic and the Legal Committee in the House of Representatives (accompaniment linked.) and held an expanded meeting on Wednesday 01/04/2015 In the advisory board included representatives of the Presidency and the Legal Committee in the House of Representatives and the Federal Supreme Court and the General Secretariat of the Council of Ministers and the Prime Minister's Office and independent bodies. The meeting was devoted to a detailed discussion of the vision presented and referred to above shall insert the necessary adjustments. Agreement was reached on the vision set forth in this report. The vision included the following themes: first. Independent bodies and their relationship with executive and legislative: allocated Constitution of the Republic of Iraq for 2005 Chapter IV of Part III of the bodies Independent, materials (102-108) as well as articles (135 and 136) in the Final Terms (the first chapter / Title VI), as shown in the below: a . * High Commissioner for Human Rights * Independent Electoral Commission * Integrity Commission (independent bodies under the control of the House of Representatives) b. * Central Bank of Iraq responsible before the Council of Representatives * BSA linked to the House of Representatives * the media and communications linked to the Council of Representatives (independent bodies financially and administratively) * Endowment linked to the Council of Ministers c. Martyrs Foundation, body attached to the Council of Ministers was touted as an independent d. A public body to ensure the regional and provincial rights e. A public body to monitor the allocation of federal revenues h. Federal Public Service Council (an independent not remember it did not specify their relationship in one of the two authorities) i. Supreme National Commission for De-Baathification (the accountability and justice) an independent body attached to the Council of Representatives. * Property Claims Commission, an independent body attached to the Council of Representatives. j.Passed the Constitution in Article (108) establish other independent associations according to need and necessity and by law. It is clear from the above: 1. The three bodies (human rights, elections, and integrity) reported text in accordance with Article 102 it independent bodies under the control of the House of Representatives, and the two bodies two more (de-Baathification and claims of ownership) are mentioned in accordance with the articles (135 and 136) that they are independent and are linked by the House of Representatives. 2. Four bodies described as financially and administratively independent, two (financial, media and communications control) are linked by the House of Representatives, and the third (Endowment) attached to the Council of Ministers, and the fourth (CBI) is responsible before the House of Representatives, while the rest of the bodies did not characterize it independent or independent financially and administratively although they all are listed under the title of independent bodies in addition to the Constitution is not selected, three of which nothing in any of the legislative and executive branches. Second. The concept of independence and the link: a. The concept of class basis of independence means the ability to exercise independent bodies of its work and make their own decisions without outside influence, ie, they administer themselves according to the law. b. The Independent Commission operates according to the law and laws, including laws and regulations of the civil service and do not work in isolation from the general policy of the state and continue with the executive and judicial institutions both by its jurisdiction, including the receipt and exchange of Alaamamat, reports and information .. etc. c. The link is to serve as a reference and does not impair the independence of the body, financially and administratively and technically, and it does not allow the link to point associated with the Independent Commission the power to interfere in the affairs and the work of the independent body and influence in the exercise of their freedom and their business and make their own decisions. d. The legislature has oversight of independent bodies that the executive branch regarding the validity of all institutions, and thus has the power to the independent body accountable to its duties or deviated from its excesses. Thirdly.CONCLUSIONS: a. The dispute between the Council of Ministers has occurred on the one hand and the departments of some independent bodies and the House of Representatives on the other. b. The reasons for the dispute back to a combination of factors including: - problematic in constitutional texts - modern concept of independent bodies - the passage of the country in transition. c. Independent bodies special site in the Constitution distinguishes it from independent formations, financially and administratively is related to the Ministry. d. That independence means the ability of the Independent Commission on the administration itself without the influence of the associated and according to the law. e. The independent bodies part of the structure of the state exercised its work in accordance with the Constitution and laws, including the civil service laws and abide by the general policy of the State. and. The link is to serve as a reference for the independent body in one of the legislative and executive branches without the right to arrange the hand associated body to intervene in the administrative, financial and technical affairs. g. The building of the State of modern and natural institutions or the work of independent bodies privacy had to deal with independent bodies mentioned in the below as independent bodies: - the UN High Commissioner for Human Rights. - The Independent Electoral Commission. - Integrity Commission. - Media and Communications Authority. - The Central Bank of Iraq. - Federal Office of Financial Supervision. h. That some of the bodies and reported in separate independent bodies are closer to the bodies to be linked to the Ministry and financially and administratively independent. i. The commitment of independent bodies in their work by the provisions of the Constitution and laws, including laws and regulations of employment and subject to the supervision of the legislative authorities and the application of the general policy of the State guarantees sings for her to identify a link, whether the legislature or the executive branch. IV. Recommendations to the big challenges facing the country currently and the commitment of the government to apply a close agreement between the blocs, which included finding quick solutions to controversial issues and guaranteed by the resolution of the dispute over the association of independent bodies, the vision is concentrated in the following: the terms of a. Executive and legislative branches commitment came in the Constitution, including descriptions of the independent bodies. b. To reach a national consensus between the blocks translates into compatibility between the executive and the legislature confirms the importance of supporting independent bodies and the freezing of some contention about an association or the supervisory and follow-up on the others. c. To reach an agreement between the executive branches and that the Parliamentary: a. Bodies that the Constitution was keen to mention within the independent bodies did not specify the point of association, the regulator should have a law that strengthens its independence without them linked in one of the legislative and executive branches. b. The new bodies developed in accordance with Article 108 of the Constitution, Vthdd point of light in association developed based on the nature and privacy laws work. c. Take professional elements efficient and competent and independent to lead the independent bodies taking care that the Angels are chosen on the basis of efficiency, competence, experience and independence. d.Constitutional provisions contained in Chapter IV treatment (independent bodies) in the light of what has been reached conclusions and depending on the proposed constitutional amendments in July / 2009. e. A review of the laws of independent bodies so as to enhance their independence in decision-making and the exercise of their work.and. It supports federal and provincial government departments and provincial independent bodies and stay away from interfering in Hanha.
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