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Tariq Harb: the decision to reduce salaries does not need a law to parliament and the presidency of the republic implemented
Wednesday July 29, 2015 - 02:03
Legal expert Tareq Harb said the cabinet did well in its session on 28.07.2015 when he decided to emphasize the implementation of its earlier decision, issued a week before the private and reducing salaries and allowances of the three presidencies any need to implement the Cabinet decision this a bold and courageous decision, which should be the subject the flattering and subject to praise the subject matter hereof, which includes reducing the salaries and allowances of senior positions and presidential positions and special grades of the three presidencies of Ministers and the House of Representatives and the Republic and the deputies of the three presidencies mentioned, members of parliament, ministers, advisers and inspectors and general managers, agents and members of independent bodies and members of the provincial councils and others from the owners of these positions. "
"Either some saying that the subject requires the issuance of the law and that it violates the principle of separation of powers, or that he considered an encroachment on the powers he is saying no constitutional basis supported nor a legal basis Taaddh and is aimed at non-application of the reduction decision under these pretexts and arguments so that determining the amount of salary ( dinars) will not be contained in any law for decades because of the different prices and the value of money, therefore, it does not need a law for the absence of a law determines the amount of salary and the law mention the salary without mentioning the amount according to the words of some laws that the salary of the deputy in the parliament is the same salary minister also the power to amend the salaries and allowances of the validity of the Council of Ministers because the Council of Ministers is the one who determines the salaries based on proposals by the competent authorities in the state. "
War and added that the charge determining the amount of the salary his power to increase this amount or decreased and this power scheduled for the Council of Ministers as the decision was not a departure from the principle of the separation of powers or exceeded the parliamentary powers that the Constitution entrusted the all the financial matters of the State Council of Ministers and the Prime Minister did not decides that the parliament or for the presidency relationship financial matters with the exception of the Judicial Council's budget as stated in Article 90 / III of the Constitution, namely that the Judicial Council the only party in the country that are unique right to propose budget confirms that the prime minister the authority and jurisdiction of the public policy of the state as the direct executive responsible by According to Article 78 of the Constitution, the Cabinet has the power to planning this policy in accordance with Article 80 of the Constitution.
And between the legal expert that the Constitution and the law with the reduction issued by the Council of Ministers' decision but if some want not to apply the decision reduction both in the Presidency of the Republic or in the House of Representatives is required to prepare a draft law and a law of the House of Representatives includes the cancellation of the Council of Ministers said the decision If you do not This law is promulgated, it is not for the Presidency of the Council of Representatives or the presidency not to apply the Council of Ministers' decision under any pretext or any argument that the private Cabinet decision reduction may not be disobedience or rebellion, but it may be repealed enactment and this much out of the question.
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