Thursday, January 11, 2007

Constitutional Court shall give a "Red Card" for the National Budget 2007 -- Mova's comment

The Article of the Constitution reads:
"The state (shall) give priority to the education budget (by allocating) at least 20 percent of the state as well as regional budgets to meet the requirements of implementing national education." (Article 31 paragraph 4, 1945 Constitution, 4th Amendment)
The Court rejected the petition last year by declaring the case inadmissible on the grounds that if the submission is accepted, the State will be faced with an economic chaos. I have discussed this case on my newspaper article here.

For me, the issue is no longer whether the Court should give a red card or not. Red card should've been given long ago after finding the facts that the State budget law was unconstitutional. Thus, the issue now is whether the Court should declare the case inadmissible or admissible (and consequently annul the State budget law). Before going with such decision, the Court will have to utilize a cost and benefit analysis. This will not be easy as the law says nothing about it. My guess is, it will be declared inadmissible.

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