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[size=38]President of the Federal Court: The Khor Abdullah Agreement did not obtain a two-thirds majority in Parliament[/size]
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October 6, 2023[You must be registered and logged in to see this link.]
Baghdad/Al-Masala Al-Hadath: On Friday, the Federal Supreme Court clarified the details of its decision regarding the Khor Abdullah Agreement, and while it indicated that its decision regarding the Kirkuk Operations Command headquarters was based on the principle of maintaining the security situation, it indicated the resolution of appeals regarding the election and budget laws.
The president of the court, Judge Jassem Muhammad Abboud, said, “The system of government in Iraq after 2003 is completely different from the system before this year, as the system before 2003 was individual and based on the rule of the individual, and the personality of the ruler was mixed with the personality of the state, so the ruler at that time considered himself to be The state, and citizens are subjects of the ruler, not subjects of the state,” indicating that “the ruler at that time was irresponsible, and this is the case with all individual systems of government in the world.”
He added, “After the bitter regime and the great sacrifices after 2003 and the demise of the previous regime, Iraq completed a very important constitutional document, which is the Constitution of the Republic of Iraq for the year 2005,” noting that “Under this constitution, the system of government in Iraq according to Article 1 of the Constitution for the year 2005 is republican.” A democratic parliamentary representative, and that this constitution is a guarantor of the unity of Iraq, and therefore the purpose of the constitution is how to create a democratic government that works on the basis of the principle of separation of powers in accordance with what is stated in Article 47 of the constitution for the benefit of the people and to guarantee the unity of Iraq.”
He stated, “The Constitution, pursuant to Article 2 thereof, stipulates that Iraq is a country of multiple nationalities, religions, and sects. It is a founding and effective member of the League of Arab States, is committed to its charter, and is part of the Islamic world. According to the Constitution, the Arabic language and the Kurdish language are considered official languages under the Constitution, and it can be Each governorate or more, with regard to governorates not organized into a region, may be a region, but within the framework of the principle of preserving the unity of Iraq,” pointing out that “the Iraqi constitution relies on the principle of separation of powers, as the federal authorities in Iraq consist of legislative, executive, and judicial authorities.”
He stated that “the judicial authority is distinguished under the Constitution by its complete independence from the legislative and executive authorities, and this independence under Articles 89, 87 and 88 of the Constitution is institutional independence and individual independence,” pointing out that “institutional independence is the independence of the judicial authority from the legislative and executive authorities, while individual independence is independence.” “Judges are free from any external influence in their work.”
He stressed that “the independence that characterizes the judiciary in Iraq is a unique independence that may not be found in all countries of the Middle East,” and this independence may be distinguished from the independence of the judiciary in many European countries, explaining that “many of the Arab and European countries preside over the judiciary.” The judiciary is the Minister of Justice, and therefore this is part of the executive side, but in Iraq, the judiciary is completely independent of the executive and legislative authorities.”
He stated that “what concerns the Iraqi Federal Supreme Court, in accordance with Article 92, is a judicial body that is financially and administratively independent of all authorities, and therefore it exercises its work in accordance with this independence, and in accordance with the powers granted to it in accordance with Article 93 of the Constitution,” explaining that “among these powers is to consider... The constitutionality of the laws and regulations in force according to what is stated in Clause First of Article 93 of the Constitution.”
He stated, “With regard to the Federal Court’s decision on the issue of Khor Abdullah, it is that the court saw that the law ratifying the agreement violated the provisions of Article 61/Fourth of the Constitution of the Republic of Iraq for the year 2005, and therefore it ruled that the law ratifying the agreement was unconstitutional, and did not go into the matter.” The technical field of this agreement, but it ruled that the agreement was unconstitutional,” explaining that “the main motivation for the ruling of unconstitutionality is that Clause Four required regulating the process of ratifying international agreements by a law enacted by a two-thirds majority of the members of the House of Representatives.”
He stated that “the Law on Ratification of International Agreements and Treaties No. 111 of 1979 was a law in effect at the same time that this agreement was ratified, but the validity of the law does not mean its implementation if it is in violation of the Constitution,” pointing out that “if this law is in violation of the Constitution, it remains It is valid, and if it is appealed before the Federal Supreme Court and the court finds that the law violates the Constitution, it will be ruled unconstitutional or it will be repealed after the House of Representatives legislates an alternative law.
He explained that “the court balanced the constitutionality of the law and Iraq’s interest in being a founding and effective member of the League of Arab States and committed to its charter,” pointing out that “under the constitution, Iraq is committed to building good neighborly relations with all neighboring countries.”
He pointed out that “this agreement does not have a significant impact on good neighborliness, as the historical relations between Iraq and neighboring countries are greater than that,” explaining that “Iraq has historical and ancient relations with Kuwait, whether on the popular level or on the official level.”
He stated that “the defunct regime entered Kuwait in violation of all international norms and conventions and in violation of the principles of good neighbourliness. This does not mean that the Iraqi people committed the mistake committed by the defunct regime, but rather it was a mistake by the head of the regime, not the Iraqi people,” pointing out that “the regime in At that time, he was an authoritarian individualist who believed that the state was embodied by its head, and he was the President of the Republic at that time, and he transformed citizens from subjects working in the interest of the state into subjects working in the interest of the regime in Iraq.
He stated that “after 2003, the rulers and the ruled became in the same position with respect to the law, and therefore those who rule Iraq at the present time are not immune from the law, but the law holds the ruler and the ruled accountable when the ruler and the ruled commit a mistake against the people and the country or a mistake that violates the law,” noting that “This unique democratic system in Iraq has been able, since 2003 until now, to overcome many obstacles, and was able to build constitutional institutions, and is based on democratic principles in building the state,” pointing out that “there are many negatives, but at the present time Iraq’s situation is better than Many neighboring and non-neighboring countries in terms of the standard of living of individuals or democratic institutional structure.”
He explained: “There may be corruption, but the Iraqi people reject all values of corruption due to their high historical values. Iraq is a great country, and it comes from the greatness of the Iraqi people,” stressing that “95 percent of the Iraqi people reject corruption, and they have very high values and principles.”
He stated, “When comparing the standard of living of the Iraqi people to the standard of living before 2003, there is a very big difference.”
He stressed that “there is a major government effort to eliminate corruption, and there is a major exceptional effort by the Iraqi judiciary to eliminate corruption,” explaining that “the Supreme Judicial Council has a very large plan through the investigative courts specialized in looking into corruption cases, and through the misdemeanor and felony courts.” competent to look into corruption cases by selecting competent judges who have a long history in the judiciary and possess great experience in the field of fighting corruption. Despite this great effort, the people reject all values of corruption, since the Iraqi people have high moral, political, social and national principles, and they are a living people who possess A very high patriotic spirit.”
He pointed out that “there is progress in the fight against corruption, even if it is slow, but it is with steady steps, and its effects will soon be produced, and the Iraqi people are touching the issue of fighting corruption just as they are currently touching the great role played by all state agencies in providing service projects and achieving security and stability in the country.” .
He explained, “Most of Iraq’s governorates are witnessing a reconstruction campaign that Iraq has never witnessed before, and this is our hope for the government and state agencies, and the Iraqi people will feel the results of all of this.”
He stressed that “the Federal Court, in accordance with its constitutional powers, takes into account the supreme interest of the people and the nation, which is an obligation upon it. Therefore, the Federal Court’s primary goal is to preserve the unity of the nation, the public and constitutional rights and freedoms of Iraqis, maintain the proper building of democratic institutions, and also preserve the adherence of all authorities to the limits.” Its constitutional powers are stipulated in accordance with the Constitution,” pointing out that “Iraq’s interest is in multiple directions, and does not lie in one direction or line, and we are moving toward the interest of the people.”
He stated that “arranging financial consequences for Iraq regarding the Khor Abdullah Agreement is the responsibility of the government, and we support any effort or action in the interest of the people and Iraq, the stability of the country, and building good relations with all neighboring countries.”
The President of the Federal Court affirmed that “Kirkuk is an Iraqi governorate that includes Arabs, Kurds, and Turkmen, and coexistence between these nationalities is historical, human and national,” pointing out that “Kirkuk remains in this coexistence regardless of the circumstances surrounding Kirkuk, and it is an ancient governorate with its people and of supreme value in its geographical location.”
He pointed out that “when the Supreme Court took its decision to issue the state order regarding stopping the handover of the headquarters to one of the political parties, it started from the principle of preserving the security situation and peaceful coexistence in Kirkuk, and not for another purpose that was promoted by some media outlets,” pointing out that “the Iraqi people He has full confidence that coexistence between nationalities in Kirkuk is historic and will continue.”
He stressed: “We support any popular, national government direction regarding Kirkuk,” pointing out that “if the Federal Supreme Court sees that the decision is otherwise and leads to the same positive results, the court will move in the same direction, since its goal is to preserve security and the unity of the people of Kirkuk.”
He stated that “the government is making a great effort and in coordination with all political parties in Kirkuk, the issue of Kirkuk will be resolved in a national solution that satisfies all parties in Kirkuk,” explaining that “Kirkuk represents Iraq and a national value for all nationalities, and all nationalities in Kirkuk are proud of their Iraqi nationalism.”
He pointed out that “Kirkuk is stable and this stability will remain in Kirkuk, and it is a result of stability in Iraq,” pointing out that “Iraq will pass all these stages and a modern national civil state will be built in Iraq for all Iraqis based on valid citizenship and on the basis of providing services to all the Iraqi people.” “.
He explained that “provincial councils are constitutionally elected local bodies, and therefore the federal system in Iraq consists of a capital, a region, and decentralized governorates,” pointing out that “the constitution granted governorates that are not organized into a region broad financial and administrative powers based on decentralized administration and not political administration.”
He stated that “the constitution made sure that it was built on the basis of administrative decentralization and not on the basis of political decentralization, and the right to elect, vote and nominate are among the constitutional rights guaranteed by the constitution and which all Iraqi people must enjoy,” pointing out that “these elected local councils are stipulated in accordance with the Constitution".
He stressed that “there is an appeal against the election law and several cases were filed with the court, most of which were rejected, and some of them are still being considered,” explaining that “most of the important cases were decided by the court.”
He pointed out that “the provincial councils in Iraq are an advanced step in democracy in addition to the House of Representatives, so the democratic system in Iraq is an ideal system,” stressing that “there is no major defect in the constitution, but sometimes there is a defect in the application of laws and the application of the constitution, and when an act is committed By this or that person on a particular topic.”
He stressed that “Iraq has passed a period and stage of its democratic construction, but the effects of the previous years of the previous regime are very great, but Iraq is in the role of full construction.”
He explained that “all the lawsuits filed against the General Budget Law were resolved,” pointing out that “work began on the Budget Law and was published in the Official Gazette.”
He stated that “the rise in real estate prices is outside the jurisdiction of the court, whose judicial jurisdiction is constitutional,” pointing out that “the rise in real estate prices is related to the economic and executive aspects, the economic situation in Iraq, and the standard of living in Iraq.”
He stated that “under the Constitution, an Iraqi has the right to own property anywhere in Iraq, as do the rest of the rights mentioned in the Constitution, as Article 41 of the Constitution stipulates that Iraqis are free to adhere to their personal status according to their religions and sects, and also Article 42 stipulates that every individual has a state of thought, conscience and belief, and Article 43 of the Constitution, which stipulates that every religion or sect is free to practice religious rituals in addition to the rest of the rights mentioned in the Constitution.”
He stressed that “the Constitution stipulates that an Iraqi has the right to own property anywhere in Iraq, and he may not be deprived of that. Therefore, any party, whether in the governorates not organized into a region, in the region, or in the capital, that prevents any citizen from the right to own property is considered a constitutional violation,” pointing out that “This right is guaranteed by the Constitution.”
He stated that “Iraq, throughout its history and its people, represents the cradle of civilization, as the Iraqi people are great in their human, moral and patriotic values and have great pride in their patriotism,” explaining that “these great elements are enough for Iraq to set out to build a strong, civil state that works for the benefit of the Iraqi people, and works for the purpose of distributing the country’s wealth.” Equally, and is based on building strong, good-neighborly relations with all neighboring countries, and a state based on working for the people and for this nation.”
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