(The governorates‘s authority in public borrowing)

	(The governorates‘s authority in public borrowing)
Journal Of the College of law /Al-Nahrain University
Article 1, Volume 19, Issue 6, 2018, Pages 245-260
Abstract
The principle of free administration in the financial division is one of the foundations on which the idea of financial independence of the administrative units, foremost of which are the governorates. According to this principle, the governorates have the right to have sufficient financial resources and to choose the method of spending in a manner that achieves financial self-sufficiency Promote the duties and responsibilities entrusted to them in the provision of services to citizens. The above requires the legislator to provide the governorates with many ways to finance their projects, including the right of the governorate to resort to public borrowing when ordinary financing methods such as taxes and their share of the state budget can not meet their annual expenditure. The legislator may provide the local units with the right to establish procedures that would enable them to regulate the mechanism for concluding the general loan in such a way as to give each of them a special legal status that would enable them to deal with the economic conditions of the inhabitants of each local unit. However, because resorting to public borrowing is a financial burden that may extend to more than one generation, as in long-term loans. It may also interfere with the economic policy of the state, which is part of the state's public policy. The administrative units take into account when they borrow Some of them are related to the amount of the loan amount or the borrowing authority or its way. Some countries are keen to find diversification in the field of local sources of credit and not to restrict them on one road And because the right of the provinces to borrow public should not go beyond the fiscal policy set by the central government, the latter has the right to control the authority of the province in the conclusion of the general loan and how to spend. Whether it was directly supervised by it or through an independent body. Countries may differ in their positions in adopting the principle of free administration or not, including Iraq, especially in the light of modern experience in the implementation of the system of administrative decentralization, which was approved by the Constitution, while many of its legislation is still unclear in determining the direction. The purpose of this issue is to try to determine the position of the Iraqi legislator on the right of the provinces to resort to public borrowing to finance their expenses under the Iraqi constitution for 2005 and the law of governorates not organized in the region No. (21) for 2008 and the law of financial management and public debt No. 94 of the year 2004 and the Federal Budget Act of 2017

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