The Second Amendment for the Law of the Non-regionally Organized Provinces No.19 of 2013 - Analytic & Critic Study

Abstract

The  law No. (21) of 2008 was stated to determine the legal status for the non- regionally organized provinces and their legal powers whether it's on the executive or legislative level.  However, most of the political powers did not like such law at the national and local level.  So, many claims aroused to amend this law. After a long argument over that amendment  which was lasted for about four years, the second amendment , No. (19) of 2013, of the non- regionally organized provinces. Yet, this amendment  came up with wide powers violating the traditions of administrative decentralized systems which stipulate that the central government has to be authorized with some powers for administrative units to be run by the control of central government provided that those powers should be on the administrative level but not on the political one. Thus, the research is divided into two topics. The first is related to  differentiate between the administrative decentralization and the political and federal decentralization and the elements of each of these concepts. While the second is the essence of the research dealt with the legal provisions of the  second amendment of the  law of non- regionally organized provinces including several items, most notably are:

1. The legislative point of view.
2. Censorship and its effectiveness.
3. In terms of conflicts of competences between the central and the local government.
4. Provinces' invitation for holding new provincial council.
5. Drawing public policy.
6. Type of censorship.
7. Assigning higher grades in the province.
8. Allocating lands for projects investment and services.
9. Reduplication the powers of the executive bodies within the province.
10. The local government resources' point of view