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Exposing a "mistake" made by the Federal Court in its decision against the Kurdistan Region
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2023-02-01 06:32
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Shafaq News / The Kurdish academic, Judge Latif Sheikh Mustafa revealed, on Wednesday, a mistake made by the Federal Court (the highest judicial authority in Iraq) by taking a decision to prevent the federal government from sending an amount of "200 billion dinars" as salaries to Kurdistan Region employees.
Latif stated, during a press conference held at the University of Human Development in Sulaymaniyah, which was attended by Shafaq News Agency, that "the Federal Court, based on the invitation submitted by Representative Mustafa Sanad, who indicated that the decision to send the amounts in violation of Financial Management Law No. (6) of 2019, Article (17 and 18), as well as a violation of the Federal Budget Law for the year 2021, Articles (10 and 11) of the law.
He added, "The cabinet is the one who decided to send these amounts in the years 2021 and 2022, as an advance that will be returned after settling it from the final accounts, and that giving salaries comes to solve the crisis and the functioning of public facilities."
Latif indicated, "The Federal Court relied in its decision on Article (93) of the Iraqi Constitution, Paragraph (Third), which stipulates that one of the duties of the Federal Court is to adjudicate cases that arise from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law entitles the Council of Ministers, concerned individuals and others to directly appeal to the court.
After reviewing the legal case in the decision, the Kurdish academic pointed out that "the decision of the Council of Ministers is in violation of the Financial Management Law and the Budget Law, but deciding on this issue is not the prerogative of the Federal Court, but rather the prerogative of the Administrative Court, since the Federal Court has matched the decisions and instructions of the Council of Ministers." Regarding the disbursement of the amount by Law No. (6) and the Federal Budget Law for the year 2021, this is not permissible.
Last week (January 25, 2023), the Federal Court ruled that it was unconstitutional for the Federal Council of Ministers to send sums of money to finance the monthly salaries of employees and workers in the public sector in the Kurdistan Region.
The President of the Kurdistan Region, Nechirvan Barzani, considered the Federal Court's decision that it is illegal for the Iraqi government to send the salaries of the region's employees, unfair, pointing out that this decision targets the political process and the political agreement on which the new Iraqi government was formed.
In turn, the Kurdistan Regional Government described the decision as "unjust" and a flagrant violation of the constitution and contrary to the agreement to form the Iraqi government, while calling on the federal government not to submit to this decision, and to fulfill the promises it made to send financial dues to the Kurdistan Region
[You must be registered and logged in to see this link.]
[You must be registered and logged in to see this image.]
2023-02-01 06:32
Share
Font
Shafaq News / The Kurdish academic, Judge Latif Sheikh Mustafa revealed, on Wednesday, a mistake made by the Federal Court (the highest judicial authority in Iraq) by taking a decision to prevent the federal government from sending an amount of "200 billion dinars" as salaries to Kurdistan Region employees.
Latif stated, during a press conference held at the University of Human Development in Sulaymaniyah, which was attended by Shafaq News Agency, that "the Federal Court, based on the invitation submitted by Representative Mustafa Sanad, who indicated that the decision to send the amounts in violation of Financial Management Law No. (6) of 2019, Article (17 and 18), as well as a violation of the Federal Budget Law for the year 2021, Articles (10 and 11) of the law.
He added, "The cabinet is the one who decided to send these amounts in the years 2021 and 2022, as an advance that will be returned after settling it from the final accounts, and that giving salaries comes to solve the crisis and the functioning of public facilities."
Latif indicated, "The Federal Court relied in its decision on Article (93) of the Iraqi Constitution, Paragraph (Third), which stipulates that one of the duties of the Federal Court is to adjudicate cases that arise from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law entitles the Council of Ministers, concerned individuals and others to directly appeal to the court.
After reviewing the legal case in the decision, the Kurdish academic pointed out that "the decision of the Council of Ministers is in violation of the Financial Management Law and the Budget Law, but deciding on this issue is not the prerogative of the Federal Court, but rather the prerogative of the Administrative Court, since the Federal Court has matched the decisions and instructions of the Council of Ministers." Regarding the disbursement of the amount by Law No. (6) and the Federal Budget Law for the year 2021, this is not permissible.
Last week (January 25, 2023), the Federal Court ruled that it was unconstitutional for the Federal Council of Ministers to send sums of money to finance the monthly salaries of employees and workers in the public sector in the Kurdistan Region.
The President of the Kurdistan Region, Nechirvan Barzani, considered the Federal Court's decision that it is illegal for the Iraqi government to send the salaries of the region's employees, unfair, pointing out that this decision targets the political process and the political agreement on which the new Iraqi government was formed.
In turn, the Kurdistan Regional Government described the decision as "unjust" and a flagrant violation of the constitution and contrary to the agreement to form the Iraqi government, while calling on the federal government not to submit to this decision, and to fulfill the promises it made to send financial dues to the Kurdistan Region
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