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[size=52]New judicial pressure from Baghdad on Erbil... University education after oil and gas![/size]
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UNIVERSITY IN THE KURDISTAN REGION OF IRAQ.
In another surprising step, the Iraqi Supreme Constitutional Court ruled that an article in the higher education law in the Kurdistan Region is “unconstitutional,” calling on the region’s parliament to change it with all the consequences it entailed over the past years. Observers in the region considered the decision "fabricated", because it comes after years of issuing the law and filing a lawsuit regarding it, and consequently an escalation by the central Iraqi political forces towards the region, through the Supreme Constitutional Court, as happened regarding the oil and gas law.
In the details, the Constitutional Court issued, about a week ago, an order unconstitutional of Article 46 of Law No. 10 of 2008, which was issued by the Parliament of the Kurdistan Region, and regarding the organization of higher education affairs in the region.
The aforementioned article states that “the university and the commission alone have the right to decide on complaints that arise from everything related to admission, transfer, exams, disciplinary penalties imposed on students, dismissal for failing, evaluation of Iraqi and foreign academic certificates and degrees that follow the secondary school stage, and claims for awarding academic and honorary titles and certificates.” , which was considered by the Iraqi Supreme Constitutional Court in contravention of Article 100 of the permanent Iraqi constitution, which prohibits immunity from the law for any individual, institution or legal entity, including the right to sue and appeal before various parties.
"Pure political"
Kurdish political researcher Naji Hawizi explained to An-Nahar al-Arabi that this new decision has a purely political dimension, and proves that the Federal Court is working within an ascending context of political, economic, and institutional pressure on the Kurdistan region.
Hawezi said that it was not a coincidence that "the Federal Supreme Court discovered an article of a law issued in the region fifteen years ago, while missiles are falling on it, and at a time when the forces are being asked to abandon their aspirations to form a majority government in Iraq, leave the stage of political quotas. Which was the core of this public corruption in the country.”
Observers of public affairs in the Kurdistan region pointed out that the implementation of this decision may have clear effects in public life, because canceling this article would mean opening the door to thousands of decisions taken by university bodies in the region against students, or the measures to be taken, especially with regard to the amendment Certificates and granting them, and defining guiding standards for university studies in the region.
cancel privacy?
Several comments indicated that the Constitutional Court aims to abolish the privacy of the Kurdistan region and its ability to fortify its educational/scientific field, because the decision actually means canceling the right of the region’s institutions to amend scientific certificates issued by Iraqi universities outside it, by granting students and applicants the possibility to appeal the decisions of universities in The region through the Supreme and Central Courts in Iraq.
Legal researcher Najat Sayed Ali explained that the Iraqi Constitutional Court uses a general Iraqi constitutional clause in a specialized field. In an interview with Al-Nahar Al-Arabi, she said, “Article 46, when it considers that the university itself is the exclusive authority to determine the procedures related to admission, transfer, examination and penalties, it is in essence intended to protect the legal independence of the university institution, as it is a woman herself in the specialized field, and is not administratively subject to any authority. Others, and do not mean in any way to exceed the possibility of prosecution, prosecution and trial at all.”
Sayed Ali explained that “the Federal Court did not care about Article 8 of this law, which specifies that the university is a safe and secure campus, an intellectual and civilized center where the mind thrives, and the ability of creativity and innovation is high, and it is not permissible to interfere in its affairs except as permitted by the law, and it bears direct responsibility.” In achieving the objectives contained in this law,” that is, the basic substance of the Universities Law clearly recognizes its total subordination to the public law, but it defines the exclusivity of its control over the scientific dimensions, tools, and internal administrative decisions that it takes. Otherwise, universities would have turned into a field for lawsuits between students, teachers, and bodies, and to infinity.”
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[size=52]New judicial pressure from Baghdad on Erbil... University education after oil and gas![/size]
[size=45][You must be registered and logged in to see this image.][/size]
UNIVERSITY IN THE KURDISTAN REGION OF IRAQ.
In another surprising step, the Iraqi Supreme Constitutional Court ruled that an article in the higher education law in the Kurdistan Region is “unconstitutional,” calling on the region’s parliament to change it with all the consequences it entailed over the past years. Observers in the region considered the decision "fabricated", because it comes after years of issuing the law and filing a lawsuit regarding it, and consequently an escalation by the central Iraqi political forces towards the region, through the Supreme Constitutional Court, as happened regarding the oil and gas law.
In the details, the Constitutional Court issued, about a week ago, an order unconstitutional of Article 46 of Law No. 10 of 2008, which was issued by the Parliament of the Kurdistan Region, and regarding the organization of higher education affairs in the region.
The aforementioned article states that “the university and the commission alone have the right to decide on complaints that arise from everything related to admission, transfer, exams, disciplinary penalties imposed on students, dismissal for failing, evaluation of Iraqi and foreign academic certificates and degrees that follow the secondary school stage, and claims for awarding academic and honorary titles and certificates.” , which was considered by the Iraqi Supreme Constitutional Court in contravention of Article 100 of the permanent Iraqi constitution, which prohibits immunity from the law for any individual, institution or legal entity, including the right to sue and appeal before various parties.
"Pure political"
Kurdish political researcher Naji Hawizi explained to An-Nahar al-Arabi that this new decision has a purely political dimension, and proves that the Federal Court is working within an ascending context of political, economic, and institutional pressure on the Kurdistan region.
Hawezi said that it was not a coincidence that "the Federal Supreme Court discovered an article of a law issued in the region fifteen years ago, while missiles are falling on it, and at a time when the forces are being asked to abandon their aspirations to form a majority government in Iraq, leave the stage of political quotas. Which was the core of this public corruption in the country.”
Observers of public affairs in the Kurdistan region pointed out that the implementation of this decision may have clear effects in public life, because canceling this article would mean opening the door to thousands of decisions taken by university bodies in the region against students, or the measures to be taken, especially with regard to the amendment Certificates and granting them, and defining guiding standards for university studies in the region.
cancel privacy?
Several comments indicated that the Constitutional Court aims to abolish the privacy of the Kurdistan region and its ability to fortify its educational/scientific field, because the decision actually means canceling the right of the region’s institutions to amend scientific certificates issued by Iraqi universities outside it, by granting students and applicants the possibility to appeal the decisions of universities in The region through the Supreme and Central Courts in Iraq.
Legal researcher Najat Sayed Ali explained that the Iraqi Constitutional Court uses a general Iraqi constitutional clause in a specialized field. In an interview with Al-Nahar Al-Arabi, she said, “Article 46, when it considers that the university itself is the exclusive authority to determine the procedures related to admission, transfer, examination and penalties, it is in essence intended to protect the legal independence of the university institution, as it is a woman herself in the specialized field, and is not administratively subject to any authority. Others, and do not mean in any way to exceed the possibility of prosecution, prosecution and trial at all.”
Sayed Ali explained that “the Federal Court did not care about Article 8 of this law, which specifies that the university is a safe and secure campus, an intellectual and civilized center where the mind thrives, and the ability of creativity and innovation is high, and it is not permissible to interfere in its affairs except as permitted by the law, and it bears direct responsibility.” In achieving the objectives contained in this law,” that is, the basic substance of the Universities Law clearly recognizes its total subordination to the public law, but it defines the exclusivity of its control over the scientific dimensions, tools, and internal administrative decisions that it takes. Otherwise, universities would have turned into a field for lawsuits between students, teachers, and bodies, and to infinity.”
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