Khaberni - The media recently conveyed demands from a number of deputies to increase the salaries of employees, which means an increase in the expenditures listed in the General Budget Law project.
Moreover, many concerned with the constitutional and public affairs have clarified that such demands do not align with the Constitution, as these demands came after the government had submitted the General Budget Law project; since the General Budget Law project differs from other projects, the legislator did not grant the Senate or the House of Representatives the authority to increase expenditures in the General Budget Law project, but only allowed them to decrease it; considering that the General Budget Law project is the financial plan presented by the government based on the state’s expenditures and revenues, an increase in expenditures means obliging the government to amend its financial plan to find revenues that cover the added expenses from either council (Senate or House of Representatives), hence if an increase in expenditures is necessary, it should be proposed by either council as a new law project after the discussion of the General Budget Law project is completed (Article 112/ 4 of the Constitution).
On the other hand, the legislator mandated that the General Budget Law project be submitted at least one month before the start of the fiscal year, and considering that the state's fiscal year starts on January 1st of each year, then the General Budget Law project must be presented by December 1st at the latest (Article 112/ 1 of the Constitution, and Article 2 of the Financial Regulation).
On another note, the legislator set October 1st as the beginning of the regular session of the National Assembly, as well as granted His Majesty the King the authority to postpone the start of that session for up to two months, therefore, the National Assembly might convene on December 1st if the session is postponed for that period, which might limit the National Assembly’s contribution to the General Budget Law project before it is finalized by the Council of Ministers. Each of the Senate and the House of Representatives, at the beginning of each regular session, deals with many issues, such as forming committees in each council, which may result in delaying the approval of that project until after the end of the fiscal year, considering that it may be impossible for the National Assembly to complete the discussion and approval of that project within a month, and hence the state continues spending according to monthly appropriations at a rate equal to 1/12 of the previous fiscal year's budget (Article 113 of the Constitution).
Therefore, to ensure the improvement of the work of both the Senate and the House of Representatives concerning the General Budget Law project, it may be appropriate to reconsider the legislative organization of the start date of the regular session of the National Assembly so that it begins on either September 1st or August 1st of each year, considering the repercussions that this change would require amending the related articles (such as Article 73/3 of the Constitution).
It is worth mentioning that the start of the regular session of the National Assembly was on November 1st under the first Constitution / Basic Law of the state of 1928 (Article 29), and under the second Constitution of 1946 as well (Article 40), then the legislator set in the current Constitution the start date of that session on October 1st as previously explained.
Dr. Mohammad Rahamneh/ University of Jordan
