Legal expert: The Federal Court is “unconstitutional” to decide constitutional issues

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[size=52]Legal expert: The Federal Court is “unconstitutional” to decide constitutional issues[/size]

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[size=45]Dr. Hauri Kamal, a legal expert and legal advisor to the Ministry of Finance and Economy in the Kurdistan Regional Government, confirmed the unconstitutionality of the Iraqi Federal Court, considering it a “disaster” for an unconstitutional court to rule on constitutional issues.[/size]
[size=45]Dr. said. Hauri Kamal in an interview: “This court was established according to the order of (American Governor) Paul Bremer, then there was no constitution for the country and there was nothing to depend on it, and the Americans described themselves as (occupiers) in the United Nations, so their laws were called orders. According to Order No. 30 of 2005, the Federal Supreme Court Law was issued, specifically on March 17, 2005, and then on October 15, 2005, that is, seven months later, the constitution was put to a vote.[/size]
[size=45]He added, "The constitution talks about a different composition of the Federal Court, and the current structure depends on the order of Paul Bremer, and consists of only 9 judges, but according to paragraph 2 of Article 92 of the Constitution, the court must consist of judges and jurists in the Islamic religion and jurists who are not judges, and with these components The three constitute the Federal Court. The constitution shows that the number of each component and the selection of members is in accordance with a law passed by a two-thirds majority in the Iraqi parliament.[/size]
[size=45]He continued, "After the adoption of the constitution, and because of the differences between the political parties, it was unable to agree on the details of the Federal Court, so before 2021 a number of Federal Court judges retired, and according to the Federal Court Law, all members of the Court must be present and sign any decision even if They did not agree with the opinion, so the Iraqi parliament wanted in 2021 to establish the Federal Court Law under Article 92 of the Constitution, and was unable to do so,” and he added, “In this case, it would have created huge problems in Iraq, because the judicial power vacuum is a great challenge, because the ratification of The results of the elections, the interpretation of the constitution, and many other things are related to the Federal Court, so in 2021 they amended the old decision from the Bremer era, which created two constitutional breaches.”[/size]
[size=45]He explained that “the first breach is that they amended the same law, appointed the nine judges, and did not add Islamic jurists and legal scholars. The second breach is that while the constitution states that they should vote on the law by two-thirds of the members of Parliament, the amendment of the law passes by a simple majority (50+1), which is a constitutional disaster, and now the Federal Court itself is unconstitutional, deciding on constitutional matters !».[/size]
[size=45]He went on to say: “This matter automatically means canceling the old law, and here we will have 3 legal problems in front of the decisions taken by the current Federal Court:[/size]
[size=45]Are all decisions of the Federal Court considered null after the Iraqi people approved the constitution in 2005?[/size]
[size=45]Or are the decisions of the Federal Court considered null and void after the Iraqi parliament passed the court law in 2021?[/size]
[size=45]- Or will the decisions of the Federal Court be canceled from the date of issuance of a new law?[/size]
[size=45]He explained that «the three options are possible, but the first and the second are very difficult, because everything that took place in the political and administrative process in Iraq was based on the decisions of this court, and in the event that these decisions are canceled there will be a very large financial, administrative and economic destruction, so the best solution is After the formation of the new Federal Court, any unconstitutional decision issued by the old Federal Court shall be amended and corrected.[/size]
[size=45]And about ways to solve the problem arising from the Federal Court’s decision regarding the Kurdistan Region’s oil and gas, the legal expert pointed out that “the issue is very complex and there is a great overlap in it between a set of law and issues.”[/size]
[size=45]He pointed out that «part of the responsibility for the problem lies with the Federal Court, because it occurred in what is known as (judicial procrastination), that is, the Federal Court had to decide on the issue and issue the decision on its required date, without delay so that the origin of the issue is complicated, as the delay of the decision He had many administrative and financial consequences, and without urgency, so that you could study the subject adequately.”[/size]
[size=45]He pointed out that «there is part of the responsibility on the shoulders of the federal government, because it did not inform the Kurdistan Region of its objection to the matter».[/size]
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