On 9 May 2022, in a communication, the Audit Office had informed about the filing of an application to the Supreme Court, in accordance with the provisions of Article 139 of the Constitution, requesting a declaration by the Court that the circular of the Ministry of Finance dated. 19.4.2022 is void ab initio and without any legal effect whatsoever. The Circular stipulated that the titles of the second in command in the Legal Service, the Audit Service and the General Accounting Office would not be those provided for in the Constitution.
Pending the case before the Supreme Court, the Council of Ministers included in the Supplementary Budget Bill a provision similar to the Circular in question, which yesterday the House of Representatives passed into law.
The Audit Office maintains the position that, the designation of a second class title to the Audit Office, in manifest contradiction to the express provisions of the Constitution, constitutes a constitutional aberration.
The Constitution has appointed as its guardian the Supreme Court, to which the matter raised by the Circular of the Ministry of Finance has already been referred. The Audit Department is also required to file a new petition to the Supreme Court regarding the law passed yesterday.
In the meantime, unless and until the new law is declared unconstitutional by the Supreme Court or the issue raised is otherwise decided by the Supreme Court, the new law will be applicable in the exercise of their constitutional powers by the Audit Service and the Auditor General, as well as by the staff of the Service.
By resorting to the courts, the Audit Office seeks to ensure that any regulation is in conformity with the Constitution, for which the Supreme Court has exclusive jurisdiction.
(MB/SX)
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