Legal experts: The Federal Court is unconstitutional and “political tensions” are behind the decisio

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[size=52]Legal experts: The Federal Court is unconstitutional and “political tensions” are behind the decision to stop financial dues to the Kurdistan Region[/size]

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Maad Fayyad[/size]
[size=45]Legal experts unanimously agreed that: “The Federal Court is unconstitutional and therefore its decisions are illegal and not binding on implementation.” In separate interviews with Rudaw Media Network, on Wednesday, January 25, 2023, they emphasized: “The need to form a federal court in accordance with the Iraqi constitution and to abolish the current court.”[/size]
[size=45]Today, Wednesday, January 25, 2023, the Federal Court issued a decision to stop transferring an amount of 200 billion Iraqi dinars to the Kurdistan Regional Government to pay the salaries of the region’s employees for the month of December, based on a complaint submitted by Representative Mustafa Sanad.
Today, Wednesday, January 25, 2023, President Masoud Barzani called on the Iraqi government and the constituent parties of the State Administration Coalition to: “show their positions on the violations of the Federal Court against the interests of Iraq and the Kurdistan Region, after the court canceled all decisions of the Council of Ministers.” By transferring money to the Kurdistan Region. Stressing: “Participation in the State Administration Coalition and the formation of the new government” was based on a clear and detailed program agreed upon by all parties. Stressing that "the entitlements of the Kurdistan Region are a legitimate right for the people of Kurdistan, and part of the program that was agreed upon."[/size]
[size=45]President Masoud Barzani considered: “The Federal Court’s decision today, before it was against the Kurdistan Region, is a decision against the political process and against the Iraqi government and the program of the State Administration Coalition itself.” He added, “It is surprising that whenever there was an opportunity for a positive atmosphere between the Kurdistan Region and Baghdad, and an opportunity arose to solve problems, the Federal Court immediately aborted that opportunity with a hostile decision, which complicated the problems.”[/size]
[size=45]President Massoud Barzani described the Federal Court as: “implementing a dubious agenda, as it replaced the Revolutionary Court in the previous regime.” Calling: “The Iraqi government and the constituent parties of the State Administration Coalition to state their positions towards these violations and the hostile positions adopted by the Federal Court against the interests of Iraq and the Kurdistan Region.”[/size]
[size=45]The absence of a constitutional basis,
Judge Rizkar Amin, said, “The Federal Court does not have the right to interfere in such a decision, which is an agreement between the federal government and the Kurdistan Regional Government. Obviously, there is no constitutional basis."[/size]
[size=45]Judge Rizkar Amin added, saying: “As a result, the people of the Kurdistan Region of Iraq are a partner in the country’s wealth. We do not have to deal with the outstanding issues between Baghdad and Erbil. These disputes are dealt with politically or legally, but denying resources to the people is unacceptable. This is a state of siege against the Iraqi Kurds. It is not permissible for Baghdad to To put our people in a position of bargaining, conflicts, or political bidding, and the people cannot be used as a means or card for political pressure.” Stressing that: “The Kurds are Iraqis, and the wealth of Iraq belongs to the Iraqis, and they have a right, just as any other Iraqi has rights in the wealth of his country, and salaries cannot be cut off from employees and retirees, and this is absolutely unconstitutional and inhumane.”[/size]
[size=45]Judge Amin warned that: “The law according to which the Federal Court was formed is unconstitutional. Article 92, second of the Iraqi constitution says that the Federal Court will be formed of judges, scholars of religion and experts in law, and this was not achieved in the structure of the current court that was formed according to Order No. 30 In the period of transitional rule and not in accordance with the Iraqi constitution, and the recent amendment to it is not constitutional, and it is not permissible to amend the court law that was enacted during the period of transitional rule, and therefore the decisions of the court are unconstitutional because the court is formed by an unconstitutional law, and a federal court must be reconstituted in accordance with the constitution Iraqi practice.[/size]
[size=45]Which required urgent intervention from the federal government to complement what was stated in the budget law and the responsibility of the federal government in cooperation with the Kurdistan Regional Government to preserve the decent life of the citizen and the need to provide a source of livelihood for every citizen. Emphasizing that:[/size]
[size=45]Al-Sheikhly added, saying: “The problem of appealing against the decisions of the Council of Ministers is that it did not make these exceptional allocations a request to the House of Representatives to amend the budget law. It requests the House of Representatives to pass an urgent amendment to the budget law for the year 2021.” Noting that: “The political strife of the Iraqi forces always kills the citizen, as appeals by some members of the House of Representatives before the Federal Court are not devoid of political motives that serve those forces and political blocs that are not concerned with the citizen and his human suffering, but rather achieve their political interests and record victories.” The citizen’s interest is inconsistent, whether the citizen is in Zakho or in Al-Faw, and this is what we find clear and evident in many appeals to laws and decisions before the Federal Court.[/size]
[size=45]With regard to the constitutionality of the Federal Court, academic legal expert Mohammed Al-Sheikhly, director of the Arab Center for Justice in the United Kingdom, said:“The problem of the Federal Court lies in the fact that its founding law was issued by the Coalition Provisional Authority (the occupying power) with No. 30 amended by the Transitional Assembly of 2005, and its formation is subject to the political consensus of the Iraqi political forces within the Iraqi parliament, because the ratification of the president and members of the Federal Court is By the Iraqi Council of Representatives, in which the political blocs exercise balancing their interests with the necessity of ratification, and that I see the need for the nominations of the President and members of the Federal Court to move away from the balances of political forces in the Iraqi Parliament and the need to amend the law of the Federal Court in accordance with the principle of (separation of powers) for the purpose of providing the full independence of the authority The Iraqi judicial authority is distinct from the rest of the legislative and executive authorities, and therefore the judicial authority in all its formations is independent of its institutions, formations, and also its decisions.”[/size]
[size=45]Unconstitutional decisions[/size]
[size=45]Political tensions
The academic legal expert, Hawri Kamal, the legal advisor to the Ministry of Finance and Economy in the Kurdistan Regional Government, believes that: “The Federal Supreme Court has recently begun to strike the hammer of justice by issuing a number of decisions in the name of the constitution and under the pretext of protecting the Iraqi constitution, but the paradox here is that The Federal Supreme Court is unconstitutional in the first place, and any decision it issues accordingly is unconstitutional, and the decision taken by the Federal Court today, and all its previous decisions accordingly, are unconstitutional decisions. He explained: “The Federal Supreme Court was formed by order of the American civil administrator, Paul Bremer, who was issuing his decisions in the name of the American occupation forces, and before writing and approving the Iraqi constitution currently in force, according to (occupation) Order No. (30) under the name of Federal Supreme Court Law No. (30) for the year 2005, which was published in Al-Waqa’i Al-Iraqiya Newspaper, Issue 3996, on 3/17/2005.[/size]
[size=45]And it will expel the legal expert, Hawri Kamal, by saying: “Seven months after the date of the publication of this law on 10/15/2005, the Iraqi people voted in a general referendum on the current constitution, which stipulates in Paragraph Two of its Article 92 that: “The Federal Supreme Court consists of A number of judges, experts in Islamic jurisprudence and legal scholars, their number is determined and the method of their selection is regulated by a law enacted by a two-thirds majority of the members of the House of Representatives. From here, the fundamental question arises, which is: Where is this court stipulated in the constitution? If the answer of some is that the current Federal Supreme Court is the same court that was stipulated in the constitution, then where are the Islamic jurisprudence experts and legal scholars who were stipulated by the constitution to establish the court? And why do we only see nine judges making up the court?”[/size]
[size=45]He adds, saying: “The unfortunate truth is that what is happening in Iraq is an accumulation of unconstitutional measures. Instead of correcting the constitutional and legal path, they come up with solutions that they add to (make things worse). In the year 2021, after a number of judges of this court were retired. Its work was disrupted, and Iraq became in a constitutional judicial vacuum. The Iraqi Council of Representatives committed another violation of the constitution, as they enacted Law No. (25) for the year 2021, which is the Law of the First Amendment to Order No. (30) of the Federal Supreme Court Law, and they gave the illegal and unconstitutional court the legitimacy to continue again, under the pretext that The political parties did not reach a solution regarding Islamic jurisprudence experts and legal scholars, and the paradox here is that they reached an agreement on an unconstitutional issue and made the amendment that we touched on, but they did not reach an agreement on forming a court according to the constitution, that is, they resolved a constitutional violation with another constitutional violation.[/size]
[size=45]Hawri Kamal, the legal advisor to the Ministry of Finance and Economy in the Kurdistan Regional Government, stressed: “The need to form a federal court in accordance with the Iraqi constitution, and for the new court, which will be formed in accordance with Article 92, second, of the Iraqi constitution, to review the decisions of the current court and approve them, cancel them or cancel them.” adjust them.[/size]
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