The region's presidencies issue a joint statement on the decision to cancel the oil and gas law
02/28/2022
Under the supervision of His Excellency Mr. Nechirvan Barzani, President of the Kurdistan Region, the four presidencies of the Kurdistan Region met today, Monday, February 28, 2022, the Presidency of the Kurdistan Region
The Kurdistan Parliament, the Kurdistan Regional Government, and the Kurdistan Regional Judicial Council, at the headquarters of the Kurdistan Region Presidency.
The meeting discussed the decision of the Iraqi Federal Supreme Court issued on February 15, 2022 regarding the oil and gas law in the Kurdistan Region. In this context, the meeting confirmed that the decision of the Federal Supreme Court is unacceptable, and that the Kurdistan Region will continue to exercise its constitutional rights and will not in any way give up its constitutional rights and powers, and will take all legal and constitutional means in order to protect the constitutional rights and powers of the Kurdistan Region, and for the reasons listed below:
1- The decision of the Federal Supreme Court is contrary to the letter, spirit and principles of the real federal system, and a clear and declared violation of the constitutional rights and powers of the Kurdistan Region.
2- This court decision, and indirectly an unconstitutional amendment to the constitution, because it led to the stripping of constitutional authority from the regions and granting them to the federal authority, and this is inconsistent with the powers of the Federal Court and is a retreat from the federal system.
3- In legislating its decision, the Court relied on Iraqi laws issued in the years 1976 and 1985, which are central laws that are inconsistent with the principles of the new Iraqi constitution of 2005, which changed the system of government in Iraq from the central system to the federal system and clearly distributed powers between the regions, governorates, and the federal authority.
4- The Kurdistan Region believes that this decision, besides undermining the constitution and the federal system, has special goals behind it at the same time and it is not a neutral decision, especially since Iraq is going through sensitive and complex political situations, and the political parties are engaged in talks in order to reach an understanding and find a way To find a solution to get out of the political deadlock and impasse, and this decision complicates the situation further.
5- We confirm that the Kurdistan Region’s oil contracts were concluded based on the Kurdistan Region’s oil and gas law and the text of Article (112) of the Iraqi constitution, while the federal authorities, after 17 years, have been unable to perform their legal duty to formulate an oil and gas law in Iraq despite the Kurdistan Region’s initiatives in In 2007, the federal government then retracted the joint draft of the oil and gas law that had been approved.
6- We consider it important that the Federal Supreme Court be formed under a new law in accordance with the provisions of Article (92) of the Constitution and perform its functions in accordance with the Constitution.
To this end, the Kurdistan Region Presidency will continue to work with all political parties in the Kurdistan Region and Iraq and with the international community to take action that protects the constitutional rights of the Kurdistan Region. The Kurdistan Parliament will take the necessary legal and constitutional measures. The Kurdistan Region Judicial Council will continue to work from its constitutional position with the Iraqi judicial centers to defend the constitutionality of the rights of the Kurdistan Region.
And the Kurdistan Regional Government, as always, is ready to solve problems on the basis of the constitution and will continue constructive dialogue with the federal government. The friends of Iraq and the international community [You must be registered and logged in to see this link.] a solution to the problems on the basis of the constitution.
1- The decision of the Federal Supreme Court is contrary to the letter, spirit and principles of the real federal system, and a clear and declared violation of the constitutional rights and powers of the Kurdistan Region.
2- This court decision, and indirectly an unconstitutional amendment to the constitution, because it led to the stripping of constitutional authority from the regions and granting them to the federal authority, and this is inconsistent with the powers of the Federal Court and is a retreat from the federal system.
3- In legislating its decision, the Court relied on Iraqi laws issued in the years 1976 and 1985, which are central laws that are inconsistent with the principles of the new Iraqi constitution of 2005, which changed the system of government in Iraq from the central system to the federal system and clearly distributed powers between the regions, governorates, and the federal authority.
4- The Kurdistan Region believes that this decision, besides undermining the constitution and the federal system, has special goals behind it at the same time and it is not a neutral decision, especially since Iraq is going through sensitive and complex political situations, and the political parties are engaged in talks in order to reach an understanding and find a way To find a solution to get out of the political deadlock and impasse, and this decision complicates the situation further.
5- We confirm that the Kurdistan Region’s oil contracts were concluded based on the Kurdistan Region’s oil and gas law and the text of Article (112) of the Iraqi constitution, while the federal authorities, after 17 years, have been unable to perform their legal duty to formulate an oil and gas law in Iraq despite the Kurdistan Region’s initiatives in In 2007, the federal government then retracted the joint draft of the oil and gas law that had been approved.
6- We consider it important that the Federal Supreme Court be formed under a new law in accordance with the provisions of Article (92) of the Constitution and perform its functions in accordance with the Constitution.
To this end, the Kurdistan Region Presidency will continue to work with all political parties in the Kurdistan Region and Iraq and with the international community to take action that protects the constitutional rights of the Kurdistan Region. The Kurdistan Parliament will take the necessary legal and constitutional measures. The Kurdistan Region Judicial Council will continue to work from its constitutional position with the Iraqi judicial centers to defend the constitutionality of the rights of the Kurdistan Region.
And the Kurdistan Regional Government, as always, is ready to solve problems on the basis of the constitution and will continue constructive dialogue with the federal government. The friends of Iraq and the international community [You must be registered and logged in to see this link.] a solution to the problems on the basis of the constitution.
[You must be registered and logged in to see this link.]
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