Iraqi politician Mishaan al-Jubouri: The existence of the Iraqi Federal Court in its current form is

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[size=52]Iraqi politician Mishaan al-Jubouri: The existence of the Iraqi Federal Court in its current form is considered unconstitutional[/size]

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04/24/2024
Mr. Mishaan Al-Jubouri is one of the most prominent Iraqi politicians. He was one of the opponents during the rule of the Baath Party and a member of the Iraqi opposition. Before the fall of Saddam Hussein’s regime, Al-Jubouri participated in all the Iraqi opposition conferences. He returned to Iraq after 2003, where he was a member of the Council. The Interim National Council and then an elected representative for several terms. As for his interests in the field of media and journalism, he is considered one of the founders of many newspapers and television channels. Al-Jubouri is still practicing his political work. He has frank and bold stances for which he is praised regarding all issues and events, especially what concerns the Arab component. Al-Sunni, in addition to all the issues that were related to Iraq and the Kurdistan Region, and in our episode this time of (the dialogue episode) titled (The Iraqi Federal Court... Dialogue and the Position) - he spoke with all frankness and clarity about the unconstitutionality of this court, stressing that most of the decisions Issued by that court related to the Kurdistan Region, aiming to reduce its powers, Al-Jubouri shed light on this aspect and presented his visions, suggestions, and recommendations as follows:[/size]
[size=45]I would like to clarify to you, first of all, that the existence of the Iraqi Federal Court in its current form is considered unconstitutional, because it was formed in 2005 before the adoption of the constitution by the interim government formed by the occupation ruler, Paul Bremer, as Article (92) of the Iraqi Constitution obliges us to enact a law. A new Federal Court and the formation of a new Federal Court, specifying its tasks, powers and jurisdictions.[/size]
[size=45]What is unfortunate is that the Kurds and non-Kurds, and all of us, did not demand or insist on legislating a new law for the Federal Court. Rather, we agreed to reconstitute the Federal Court in its current form and with its current presidency. We all participated, including the Kurds, in voting on the new formation of the Court, and we did not discuss or demand. Issuing a new law for the court as stipulated in the constitution[/size]
[size=45]Therefore, the current Federal Court works according to the law issued by an authority that was not exercising, but rather appointed by Paul Bremer during the rule of the occupation, and he was the one who prepared its law and made its decisions unchallengeable. This court aims to undermine the powers of the Kurdistan Region stipulated in the Constitution and interprets the constitutional articles in a manner that contradicts the spirit of the Constitution.[/size]
[size=45]We participated in the discussions that took place regarding the draft constitution since it was presented to us at the Iraqi opposition conference in New York in 1999. I was also a member of the National Assembly that approved the constitution, as I was opposed to this constitution and demanded a “no” vote on it.[/size]
[size=45]In this session of dialogue, I hope that my Kurdish brothers will insist on issuing a new law for the Federal Court as stipulated in the Constitution, and my conviction is that the Federal Court will continue to adopt decisions that undermine the authority of the Kurdistan Region’s authorities.[/size]
[size=45]My conviction was formed through the meetings I had with the President of the Federal Court[/size]
[size=45]Several times, I fear that the court will issue a decision allowing the division of the Kurdistan Region into two entities. Therefore, I call on the Kurdish brothers to insist on enacting a new law for the Federal Court, and I stress the intensification of the activities of my Kurdish brothers, and to focus all their efforts within the Iraqi parliament on issuing its new law.[/size]
[size=45]I address a question to the Federal Court: Why is the allocation of quota seats to components within the Iraqi Council of Representatives considered constitutional, while their allocation in the Kurdistan Region is unconstitutional and “contraries to the principle of equality?” !?[/size]
[size=45]As for addressing the problem of the salaries of Kurdistan Regional employees, the content of its decision aims to abolish the powers of the Kurdistan Regional Government.[/size]
[size=45]As for the oil and gas law for the Kurdistan Region, this law was approved in 2007 in the Parliament of the Kurdistan Region, and it is being implemented, and no party indicated that it violates the constitution, and now the Federal Court comes in its current formation to issue a decision stating that “the oil and gas law for the region “Kurdistan is unconstitutional.”[/size]
[size=45]This means that the Kurdistan Region is targeted by this court.[/size]
[size=45]I say with all frankness, “The positions of the Federal Court are against the Kurdistan Region, and aim to stop its development.”[/size]
[size=45]In conclusion, I would like to emphasize once again that we all bear responsibility for implementing Article 92 of the Constitution, which stipulates:[/size]
[size=45]First: The Federal Supreme Court is an independent judicial body from both the financial and administrative aspects.[/size]
[size=45]Second: The Federal Supreme Court is composed of a number of judges and specialists in the field of Islamic jurisprudence and jurists. The number, method of election, and work of the court are regulated in accordance with the law, and by a two-thirds majority of the members of the House of Representatives. This constitutional article obliges us to make more efforts to work towards issuing a new law to be implemented. According to this law, the new Federal Court is formed, and it organizes the work of the court and according to it its decisions are issued.[/size]
[size=45]Regarding the question that was directed to me: “Why does the Federal Court not issue a decision to implement Article (140) of the Constitution regarding the problem of the disputed areas?” I express my opinion with all frankness about Article (140), that this constitutional article has a political problem, that Baghdad’s view of this article differs from the view of the Kurdistan Region, and my opinion, that this article has been included in the constitution in a way that makes it impossible to implement it.[/size]
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