Judge Kazem Abbas *
is the subject of resolving the dispute between the litigants as soon as possible by imposing the rule of the constitution or the law or both by the competent court, the great goal that everyone seeks, and the supreme goal that the court sets in its mind is to achieve justice and the rule of the constitution and the law by cutting The conflict proceeded and sought not to perpetuate it, and whenever the case was resolved within the legal period of four months and not exceeding a year, which is the highest time limit grudgingly accepted, the judgment was closer to justice, but rather a title for it. On the contrary, slow justice is closer to injustice and bias.
The failure of the court to resolve the dispute within the legal time limit entails dire consequences that make the dispute take a negative curve that affects the essence of justice and gives a bad impression of the court’s inability to cut the dispute between the litigants and the loss of its independence and impartiality. That is why the Iraqi legislator was keen on the need for the court to adhere to resolving the issue of the judicial dispute within the time limit set for it, otherwise the judge who caused the delay in resolving the subject matter of the case is subject to investigation with him and disciplinary and even criminal accountability if the consequences of non-settlement of the case are serious affecting the public interest that leads to ruin .
Rather, it is certain that the effects of this devastation strike many long ranges and kill the formative structure of the state as a people, land and authority when the conflict is related to a matter and vital activity that affects the existing political system and the entire state system stands on the brink of a pit of falling into the abyss, when it is inevitable and the urgent need calls for resolving the conflict Between the parties judicially by issuing a decisive judicial ruling, and after it has clearly confirmed the failure of negotiations, agreements and understandings to cut its course, nothing remains but the word of the just judiciary to treat the incurable problem after the people of the solution and the contract were unable to give the effective medicine to the problem that has escalated and has become an incurable disease.
Perhaps one of the most intractable, the dilemma of the dilemma has become the subject of disagreement between the centre and the region about whether the Kurdistan Region of Iraq will extract and export oil abroad and whether or not it complies with the provisions of the 2005 Iraqi Constitution
After the difference and the rooted disagreement between the central government and the Kurdistan Regional Government of Iraq, push and pull over this issue and after all the doors were closed for political solutions and the collapse of the agreements concluded between the political parties, nothing remained but the door to the judiciary.
The control of matters and the mandate in resolving this file was handed over to the constitutional judiciary to resolve this dispute by the parties represented in the Federal Supreme Court and in accordance with the constitutional and legal mechanisms, and this point is calculated to the parties to the central dispute and the region in their authorization to resolve it in accordance with the provisions of the constitution to the court that is supposed to respect and sanctify the constitution.
This authorization was embodied by the plaintiff, the Minister of Oil in the central government, in addition to his position against the defendant, the Minister of Natural Resources in the Kurdistan Region, in addition to his post numbered 59 / Federal / 2012, which was established on August 1, 2012, and the Prime Minister joined in addition to his position for the dispute as A third person next to the plaintiff in the lawsuit and the procedures for proceeding with the lawsuit began in order to quickly resolve it in accordance with the provisions of the constitution due to its importance and in the hope that the Federal Supreme Court will issue a decisive judicial ruling for the dispute during the legal period, which will be one of the important factors for stability in the country at all levels.
But soon the opposite appeared, and everyone was greatly disappointed, as the Federal Supreme Court did not resolve the dispute within the legal period of four months, which passed unnoticed and passed a year, and then rolled over the years one after the other with flimsy arguments as she fled the case by delaying it from one date to another. The court insisted on not resolving the dispute until more than seven years had passed, and the lawsuit remained in its listings until it slept with the rest of the constitutional lawsuits that also slept due to the country's entry into the constitutional and legal void caused by the Federal Supreme Court itself due to its surprising insistence on abolishing the legal text The only effective one that deals with the nomination and appointment of judges of the Federal Supreme Court, and who later this matter was associated with the referral of one of its distinguished original members to retirement at his request and the death of another member, may God have mercy on him, and what resulted from this disruption of the quorum for the formation and convening of the court.
The failure to resolve the case numbered above by the Federal Supreme Court is not laziness from it, rather it is the result of the lack of a real will for it to resolve the case, and this was clearly demonstrated when it adopted a means of escaping forward from the responsibility of issuing a decisive and courageous ruling on the subject of the judicial dispute before it to be decisive His authority for one of the parties in the lawsuit at the expense of the other party, and this is what the Federal Supreme Court does not dare to do for personal and interest-based reasons related to the approval of the Federal Supreme Court law whose approval was carried over from one parliamentary session to another, but went in its passive role more than that when it looked at the dispute. And it began betting on changing the political faces in decision-making centers, whether in the center or region, according to the results of the periodic parliamentary elections, in order to extend the conflict to infinity.
The most dangerous manifestation of injustice is when it comes with full awareness of the party that is supposed to confront it and eliminate it, and definitely this injustice generates disastrous and negative effects as a result of negativity in taking the required decision in a timely manner.
The negative effects of this intended negligence of the Federal Supreme Court and the deviation in exercising its judicial authority by not resolving the dispute between the center and the region were reflected in all fields and fields, perhaps the most prominent of which is undermining confidence in the nation's conscience and public opinion in the constitutional judiciary in Iraq and losing confidence in it to be the protector of the constitution due to its inability to resolve the dispute. Although many years have passed since the lawsuit was filed.
The continuation of the dispute pending and postponed indefinitely due to the Federal Supreme Court, the depth of the differences between the center and the region, and what this resulted in the state of chronic dissonance between them, until the matter sometimes reached a complete rupture. Also, the impact of the failure to resolve the case by the Federal Supreme Court affects the efforts to combat corruption in all its forms that are being made by the competent authorities regarding the file of oil or gas export and make the succession of corruption and corruption proceed with an increasing pace day after day, and that the biggest loser is the poor Iraqi people, both in the center. Or the territory. Behind the failure to resolve the case by the Federal Supreme Court is subversive agendas that have damaged reality and certainty in the supreme national interests of the entire country, economically, politically, and in security.
We are absolutely certain that this matter will not pass unnoticed by the honorable Iraqi people, whether they are in a position of responsibility or outside it, because the law was not oblivious to the issue of the judge’s failure to decide, regardless of his position, for the case he is looking at within its appropriate legal time limit and made him subject to legal accountability Judicial precedents in this matter, both disciplinary and criminal, say so.
Member of the Federal Court of Cassation