A judicial ruling deepens the crisis between Baghdad and Erbil

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[size=52]A judicial ruling deepens the crisis between Baghdad and Erbil[/size]

[size=45]The "federal" refuses to transfer funds to the region... and the anger of a Kurdish
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prime minister, Muhammad Shia' al-Sudani, and the Federal Court, Jassim Muhammad Abboud, in a meeting with them last Sunday (conscious)[/size]
[size=45]The Federal Supreme Court in Iraq caused a shake-up in the relations between the federal government in Baghdad and the Kurdistan Regional Government, by issuing a decision, on Wednesday, that ruled “the illegality of sending sums of money in the form of salaries to the Kurdistan region in the previous government” that was headed by Mustafa Al-Kazemi.
The decision of the "Supreme Federal", whose decisions are binding on the authorities, was met with the anger of the Kurdistan region, while observers and observers of Iraqi political affairs saw that the decision constituted an embarrassment to the government of Muhammad Shia' al-Sudani. Because it was formed according to a political will represented in the formation of a new coalition called the “State Administration Coalition,” in which the Kurds are a cornerstone. And while no position or clarification was issued by the government or Al-Sudani’s office regarding the Federal Court’s decision, most political forces believed that the issuance of the decision at this time “deeply shook the pillars of the State Administration Coalition, amid indications that the Kurdistan Democratic Party, led by Masoud Barzani, might suspend its sessions within the Administration Coalition.” Country".
And the court said, in a statement, that it “decided the ruling that the decisions issued by the Council of Ministers, on 6/15/2021 and onwards,” are invalid, considering the ruling “conclusive and binding on all authorities, based on the provisions of Articles (93/ Third and 94) of the Constitution of the Republic. Iraq of 2005 and Articles (4 / Third and 5 / Second) of the Federal Supreme Court Law No. (30) of 2005 amended by Law No. (25) of 2021 and I understand publicly. The court’s decision came based on a lawsuit submitted by the representative of the “coordinating framework” Mustafa Jabbar Sanad 9 months ago against decisions taken by the Council of Ministers in the government of Mustafa Al-Kazemi, requiring the transfer of 4 financial payments, the strength of each payment being 400 billion Iraqi dinars (about 2.5 million dollars). It is the salaries of the employees of the region, to be settled after approving the budget.
Sanad was able to win his case; In it, it was mentioned that the government made its decisions when it was in charge of conducting business, and therefore it has no authority to distribute funds, in addition to the failure of the Kurdistan Regional Government to pay dues for oil exported from within the region, which a previous decision of the Federal Court ruled to transfer to the central treasury.
Massoud Barzani issued an angry statement against the Federal Supreme Court, describing it as similar to the "Revolution Court" during the era of the late Iraqi President Saddam Hussein's regime, which jurists consider a criminal act if the Federal Court instituted a lawsuit against Barzani, where the penalty for insulting Authorities to prison for 7 years. However, the statements issued by the regional government after the statement of the party's angry leader, Massoud Barzani, sought to calm the atmosphere, especially after it felt that government circles in Baghdad were also not satisfied with the federal decision.
In this context, the President of the Kurdistan Regional Government, Masrour Barzani, stressed, yesterday, Thursday, “the need for legal legislation by the Federal Supreme Court and the Federation Council, by the House of Representatives within six months of the federal government assuming its duties, in accordance with the agreement concluded between the political parties sharing power in Iraq.” ». A statement issued by Barzani's office while receiving the Minister of State in the German Foreign Ministry, Tobias Lindner, and his accompanying delegation, said, "Barzani renewed the Kurdistan region's keenness to solve problems radically, on the basis of the constitution with Baghdad," noting that the recent decision of the Federal Supreme Court to prevent the disbursement of part The financial dues to the region is another unfair attempt by this court to undermine the new opportunity to solve problems in light of the positive atmosphere that prevailed during the recent visit of the high government delegation to Baghdad.
In the same context, the Judicial Council in the Kurdistan region announced its rejection of the decision of the Federal Supreme Court. Judge Abdul-Jabbar Aziz Hassan, head of the Judicial Council in the region, said in a statement, "This decision is unconstitutional, does not serve stability in Iraq, and is against efforts to liberate the country from the constraints of crises," stressing that "this court is unconstitutional, It is necessary to conduct a review of its formation ». He added, "The Federal Court should not issue its decisions from the perspective of the majority and the minority."
In addition, the head of the Kurdish “New Generation Bloc” in the Iraqi parliament, Sarwa Abdul Wahid, confirmed in a statement to Asharq Al-Awsat that “we have to recognize that the decisions of the Federal Supreme Court are final, but does the government implement these decisions? And if the government implements these decisions, will it have an impact on the political scene? Abdel Wahed added: “We have already said, and we are repeating it now, that the two sides must solve the problem of the oil file, and the regional government must abide by its agreement with Baghdad, so that there is only commitment to the constitution, laws and agreements.” Abdel Wahed explained that "the failure to resolve the existing problem between the two parties is in the interest of the corrupt, and those who play with the people's power for their own benefit," noting that "those who bear responsibility are the people who control the Kurdish oil file, although the federal government bears part of the responsibility."
In the same context, legal expert Ali Al-Tamimi told Asharq Al-Awsat that, “The decision of the Federal Supreme Council invalidated previous decisions of the Council of Ministers to the Kurdistan region from the year 2021 and a section of them from 2022, as the applicants relied on paragraphs that are part of the tasks of the Federal Court, as well About constitutional articles related to the tasks of the Council of Ministers, whose tasks are limited to implementing the law, and not the other way around. Al-Tamimi added, "With regard to the disbursement of the amount granted to Kurdistan, the plaintiffs challenged it as against the law, which was issued by the Federal Court by majority." In response to a question about the implementation of this decision, Al-Tamimi says, “The decision did not refer to the retroactive effect in implementation, but when referring to the philosophy of law, and in the context of the tasks of constitutional courts, when these decisions focus on nullity, they are retroactive, which means that the decision It does not refer to the retroactive effect, but the solution is through settlement.
Baghdad: «Asharq Al-Awsat»[/size]
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