Constitutional Protection of Public Funds in Iraq

Abstract

This study examines the constitutional protection of public funds in Iraq amidst the recent challenges and developments facing the country. The researcher analyzes the concept of public funds, outlining their legal nature and the characteristics that distinguish them from private funds. Furthermore, the study clarifies the constitutional guarantees and mechanisms established by the 2005 Constitution to protect public funds from waste and corruption. Protecting public funds is a primary objective of the state; consequently, the researcher addresses the central research question: To what extent have the constitutional provisions of the Iraqi Constitution succeeded in providing genuine protection for state funds against waste and financial corruption, and how effective are the institutional, judicial, and oversight mechanisms—such as the Commission of Integrity and the Federal Supreme Court—in combating corruption? The study concludes that protecting public funds requires coordinated efforts across various state institutions, presenting a set of findings and proposals designed to strengthen the oversight system and safeguard public assets.

This research begins with the premise that the 2005 Iraqi Constitution includes a general constitutional principle for protecting public funds. However, the effectiveness of this principle depends on the independence and seriousness of oversight institutions and judicial bodies, thus necessitating efforts to ensure their independence.

In addressing the research problem, the researcher employed a descriptive approach to define the constitutional concepts and principles of public funds in Iraq. The researcher also utilized an analytical approach to analyze constitutional texts and decisions and rulings issued by the Federal Supreme Court and the Integrity Commission.