Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 83
 

While the current Article 80 par 3 states that laws triggering increased expenditures using the state budget may only be passed after the Government has determined the source of funding, the Draft Amendments go further by stating that such bills may only be adopted by the Jogorku Kenesh following the Government’s consent. This amendment enhances the Government’s oversight role in such cases, presumably to ensure responsible budgeting in the context of legislative initiatives, including draft laws proposed by MPs, for example. At the same time, while it is understandable that the drafters may want to ensure that only those laws are passed that can also be funded, the respective provisions should not result in undue interferences of the Government in the work of the Jogorku Kenesh. While it is not uncommon to find similar provisions aimed at preventing financially unrealistic legislative proposals in constitutions from the OSCE and Council of Europe regions, other types of safeguards that would limit the risk of governments’ interference could also be considered (e.g., requiring a higher qualified majority to adopt a bill, introducing a requirement to append to the amendment financial calculations which demonstrate the sources of revenue necessary to cover the expenditure, or providing for the possibility for the parliament to overcome the lack of the government’s consent by a qualified majority vote). To pre-empt potentially extensive governmental interference in the work of the Jogorku Kenesh, the legal drafters may consider introducing some of these alternative safeguards in lieu of the provision contemplated in the new Article 80 par 3. In any case, a proper financial impact assessment of any draft law should always be conducted at an early stage of the law-making process.