The "oil dispute" is developing into a case to solve the "Kurdistan Democratic Party"

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[size=52]The "oil dispute" is developing into a case to solve the "Kurdistan Democratic Party"[/size]

The Judicial Council in Erbil challenges the legitimacy of the Federal Court
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A worker in the "Bay Hassan" field, west of the city of Kirkuk, yesterday (AFP)
Baghdad: Fadel Al-Nashmi
[size=45]The dispute escalated between parties in Baghdad and Erbil; Yesterday, a member of the "State of Law" coalition, through lawyer Muhammad Al-Saadi, filed a lawsuit before the Federal Court to dissolve the "Kurdistan Democratic Party" led by Massoud Barzani and dominates the Kurdistan government in Erbil, accusing him of "failing to comply with the Federal Court's decision on the oil file." .
This step came in response to the decision of the Judicial Council of the Kurdistan Region of Iraq, the day before yesterday (Saturday), which said that the oil law in the region is still in force, rejecting a ruling issued by the Federal Supreme Court in February that the Kurdish authorities must hand over their supplies of crude, Noting the unconstitutionality of the Kurdistan law that regulates the oil and gas sector in it.
But the Kurdistan Regional Judicial Council took a bold step, and perhaps ambiguous results, in the context of its conflict with the Federal Supreme Court, as it challenged the legitimacy of the existence of the Federal Supreme Court, which means that it is not qualified to exercise its functions, despite the fact that it is the Supreme Court competent to adjudicate constitutional disputes.
Commenting on the lawsuit to dissolve the "Democratic Party", the head of the party's relations office, Hoshyar Siweli, said that "attempts to dissolve the party are old, and even military force was used in them, and resorting to the judiciary for the same purpose is part of those attempts." He added in statements to reporters that "those seeking to dissolve the party through the Federal Court will not succeed, and that their justifications are flimsy."
"There is no evidence of the region's lack of commitment to the decisions of the Federal Court, and discussions and attempts are continuing to issue a federal law for oil and gas, and we attend court sessions through legal representatives, present their arguments and legal defenses and defend the party," Siweli stressed. He believed that “the lawsuit (to dissolve the party) does not target the party; Rather, the entity of the Kurdistan region, the person of the party’s leader, Massoud Barzani, and the defenders of the Kurdistan region.”
In its challenge to the legitimacy of the Federal Court, the Kurdistan judiciary relied on Article 2/92 of the Iraqi Constitution, which required the Iraqi Council of Representatives to issue a law to establish the Federal Court; But this law “has not been issued yet, so in Iraq there is no federal court that was formed in accordance with the constitution,” according to a statement issued by the region’s judicial council. In light of this interpretation, the Region’s Judicial Council found that “the Federal Court, which issued the decision of February 15, 2022, with the aim of repealing the Oil and Gas Law in Kurdistan, No. 22 of 2007, has no constitutional authority, and that the Oil and Gas Law in the Kurdistan Region remains in force.”
The council’s statement added that “the actions of the Kurdistan Regional Government related to the operation related to oil and gas are consistent with what was stated in the Iraqi constitution issued in 2005, and that the provisions of the Oil and Gas Law No. 22 of 2007 issued by the Kurdistan Regional Parliament do not contradict the provisions of the Iraqi constitution, and did not specify the operations of Exploration, production and export of oil and gas are the exclusive privities of the federal authorities, as stated in Article 110 of the Iraqi constitution, so the provisions of the oil and gas law remain effective.
Some believe that despite the legal and constitutional evidence on which the region’s Judicial Council relied in refuting the ruling of the Federal Supreme Court regarding the region’s oil law, this does not free the region’s arena from the consequences of its non-compliance with the Federal Court’s decision; Because its rulings are final and take precedence over the rulings and decisions of local courts in the case of constitutional disputes. Especially since the region has multiple and complex differences with Baghdad regarding the oil issue, not only related to its repealed oil law; Rather, the issue of the region’s failure for years to deliver its share of oil, amounting to 250 thousand barrels per day, to Baghdad, according to the laws of the country’s general budget.
The relationship between Erbil and the Federal Supreme Court has been strained since the latter issued a ruling excluding the leader of the Kurdistan Democratic Party, Hoshyar Zebari, from the race for the presidency of the republic last February, against the background of his accusation of corruption files, but the dispute, which appears to be based on a framework A constitutional and legal dispute, in the eyes of a number of local observers, has led to a deep and prolonged political dispute for seven months between the Kurdistan Democratic Party and its Sadrist allies and the Sovereignty Alliance, which are part of the “Save the Nation” coalition that seeks to form a government, and their opponents in an alliance. The Coordination Framework” that seeks to obstruct and thwart formation efforts.[/size]
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