A legal reading of Iraq’s Federal Court’s ruling on Iraqi government’s recent decision

2023-02-01

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College of Law and Politics at the University of Human Development (UHD) arranged a seminar for Dr Latif Mustafa Amin, better known as Hakm Sheikh Latif, a former member of the Iraqi Parliament and former judge at Sulaymaniyah Court and currently a lecturer at UHD, on the recent ruling by the Federal Supreme Court of Iraq on the Iraqi federal government’s decision regarding its financial commitment to the Kurdistan Region of Iraq (KRI). The seminar took place at Prof. Dr Ali Qaradaghi Hall on Wednesday, 1st February 2023. It was moderated by the dean of the College of Law and Politics, Asst Prof. Dr Kanaan Hamagharib Abdullah.

The ruling revokes the Iraqi central government’s decision to send KRI some hundred billion dinars a month as an aid to the latter to pay the salaries of its employees. This ruling caused an uproar in Kurdistan and a strong reaction from the Kurdistan Regional Government.

Hakm Sheikh Latif gave his legal view on the matter. He said that sending money to KRI is an administrative issue and the Federal Supreme Court has no constitutional power over such an issue. It is the authority of an administrative court to decide on such matters. He commented on the structure of the Federal Court and said that its judges have backgrounds in areas other than constitutional law or worked in courts other than a constitutional court, for example in personal status court or civil court. He called for professional judges to be nominated to the Federal Court. He further commented and said that the Federal Court can revoke its own decisions, so it can retract its recent decision.

He criticised the whole judiciary system in Iraq and KRI and said that it is overshadowed by partisan politics—judges are loyal to political parties or groups and their decisions are influenced by them.

He suggested that the Federal Supreme Court be restructured but the new judges need to be prepared and attend professional courses and get experience and training in federal supreme courts in other countries, for example in the United States Supreme Court, before they enter the job.  

Many dignitaries including judges and former parliament members, together with many UHD lecturers and students attended the event. The event was covered and broadcast live by a significant number of media channels and news outlets.


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