Why did Barzani describe the Federal Court as the Revolutionary Court?
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Nabil Al-Marsoumi
Views 178
Added 01/26/2023 - 9:04 AM
Updated 01/26/2023 - 2:14 PM
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Nabil Al-Marsoumi
Mr. Masoud Barzani described the Federal Court as having replaced the Revolutionary Court of the previous regime, after its decision on the illegality of transferring funds to Kurdistan, with this decision based on its previous decision on 2/15/2022, which included the following:
1- Abolition of the oil and gas law issued by the region in 2007, as a law that violates the Iraqi constitution according to Articles 110, 111, 112, 115, 121, and 130.
2- Oblige the regional government to hand over all oil production from the oil fields in the Kurdistan region and other regions to the federal government and enable it to use its powers in oil exploration, extraction and export.
3- The right of the federal government to pursue the invalidity of government contracts concluded by the Kurdistan Regional Government with foreign parties, states and companies, regarding oil exploration, extraction, export and sale.
4- Obligating the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the Kurdistan Regional Government regarding the export and sale of oil for the purpose of auditing them and determining the financial rights owed by the Kurdistan Regional Government as a result of them, and to determine the region’s share of the budget.
Kurdistan relies in its refusal to hand over the oil file to Baghdad or even the joint administration between them on Article 112 first of the Iraqi constitution, which states the following (the federal government shall manage the oil and gas extracted from the current fields with the producing governments of the regions and governorates). The region interprets this article by saying that the joint management is limited to the current producing fields until 2005, which is the year in which the Iraqi constitution was promulgated, and therefore the oil fields of Kurdistan do not apply to this article. The truth is otherwise, because it is known in the oil literature that the current fields are not limited to the producing fields only, but also include the explored and undeveloped fields. Therefore, the majority of the oil fields in Kurdistan are covered by joint management, while only the exploration patches, which are very few, are managed within the exclusive powers of the region. On the other hand, the region signed several contracts in the period prior to the promulgation of the constitution in 2005, including:
1. The Taq Taq field contract, which was signed in 2002
2. The Tawke field contract signed in 2004
3. The contract for the Erbil field, which was signed in 2004
The regional government also signed a number of contracts to extract oil from the disputed areas, such as the contract for the Ain Seifni field, which is located in the Sheikhan district, and is administratively affiliated to the Nineveh governorate, but the region took control of it due to the weak role of the state, and the oil field was contracted for investment and for Introducing some areas of the Nineveh Plain to the lands of the Kurdistan Region.
Views 178
Added 01/26/2023 - 9:04 AM
Updated 01/26/2023 - 2:14 PM
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