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The oil dispute puts Baghdad in front of “big” legal problems.. Billions of compensation for Erbil (details)


yota691
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A deputy criticizes the “Kurdistan judiciary”: partisan and unconstitutional

Posted 11 seconds ago

 

news source /Alsumaria channel
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News source / Alsumaria channel

Today, Saturday, MP Sarwa Abdel Wahed criticized the judiciary in the Kurdistan region of Iraq, considering it partisan and unconstitutional.

 

And Abdul Wahed said in a tweet on Twitter, "In response to the judiciary in the region, the Federal Court was eminent and disgraced, and you were the ones who voted for it, and the House of Representatives elected it in the previous session with two-thirds of its members."

 

She added, "But the courts and the judiciary in the region are partisan and unconstitutional, and their members are appointed by the party," stressing that "their service life has expired and they do not refer them to retirement."

 

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8 hours ago, yota691 said:
8 hours ago, yota691 said:

The statement concluded by saying that according to Article 92/2 of the Iraqi constitution, the Iraqi parliament must issue a law to establish the Federal Supreme Court, adding that that law has not been issued yet, so in Iraq there is no federal court that was formed in accordance with the constitution, and the court that issued Resolution 15 of February 2022 with the aim of canceling the Oil and Gas Law in Iraqi Kurdistan No. 22 of 2007 has no constitutional authority, and that the Oil and Gas Law in the Kurdistan Region remains in force.

 

7 hours ago, 6ly410 said:

Judge Hassan underlined that past Iraqi governments have made “regions unduly suffer and deprived them of their fair share of the revenue from oil and gas exploration in Iraq, limiting their progress and opportunities to prosper. The allocation of national oil and gas revenues should be regulated by law to prevent this from happening again.”

 

zzzzzzzzz!   Sign your HCL Bagdad! Ya'll look like fools! 

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8 hours ago, yota691 said:
8 hours ago, yota691 said:

The statement concluded by saying that according to Article 92/2 of the Iraqi constitution, the Iraqi parliament must issue a law to establish the Federal Supreme Court, adding that that law has not been issued yet, so in Iraq there is no federal court that was formed in accordance with the constitution, and the court that issued Resolution 15 of February 2022 with the aim of canceling the Oil and Gas Law in Iraqi Kurdistan No. 22 of 2007 has no constitutional authority, and that the Oil and Gas Law in the Kurdistan Region remains in force.

 

7 hours ago, 6ly410 said:

Judge Hassan underlined that past Iraqi governments have made “regions unduly suffer and deprived them of their fair share of the revenue from oil and gas exploration in Iraq, limiting their progress and opportunities to prosper. The allocation of national oil and gas revenues should be regulated by law to prevent this from happening again.”

 

zzzzzzzzz!   Sign your HCL Bagdad! Ya'll look like fools! 

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Iraq today

Kurdistan judiciary comments on oil and gas-related operations and how to manage the fields

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04:21 – 04/06/2022

 

Kurdistan - Mawazine News

On Saturday, the Kurdistan Regional Judicial Council issued a statement on oil and gas-related operations and how to manage oil fields.
A statement of the Council, a copy of which was received by Mawazine News, stressed that "according to the law, the Federal Court is unconstitutional and has no authority to cancel the oil and gas law of the Kurdistan Regional Government."
The statement explained that "the procedures of the Kurdistan Regional Government regarding the oil and gas operation in 2005 are legal, and that the provisions of the Oil and Gas Law No. 22 of 2007 issued by the Parliament of Kurdistan do not contradict the Iraqi constitution, and that the constitution does not stipulate that the export of oil and gas is the exclusive powers of the federal authorities as stipulated." It is stipulated in Article 110 of the Iraqi constitution, so the provisions of the Oil and Gas Law remain in force.”
He added that "according to Article 112 of the Iraqi constitution, the federal government manages the oil and gas extracted from the existing fields along with the governments of the producing regions and governorates, and their revenues will be distributed fairly to the population, with a share allocated to the affected areas that were forbidden by the previous regime."
The statement pointed out that “according to Article 92/2 of the Iraqi Constitution, the House of Representatives must issue a law to establish the Federal Supreme Court, but so far no such law has been issued in Iraq, so there is no federal court established under the constitution and the current court does not have the powers to issue A decision to cancel the Oil and Gas Law No. 22 of 2007 and in the region, and therefore the oil and gas law of the Kurdistan Regional Government remains in effect. Ended 29/R77

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The Kurdistan judiciary regarding the Federal Court’s decision: It has no constitutional authority, and the oil and gas law in the region remains in force.

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News source / Noon Agency

The Media and Information Department of the Kurdistan Regional Government announced today, Saturday, that with regard to operations related to oil and gas, the Judicial Council in the Kurdistan Region, in a statement issued on May 30, 2022, touched on the oil and gas law and how to manage oil fields in accordance with the law, as well as making it clear that the Federal Court is not It is constitutional and has no authority to cancel the oil and gas law in the Kurdistan region.

The council's statement stated that the actions of the Kurdistan Regional Government related to the operation related to oil and gas are consistent with what was stated in the Iraqi constitution issued in 2005, and that the provisions of the Oil and Gas Law No. 22 of 2007 issued by the Kurdistan Regional Parliament do not contradict the provisions of the Iraqi constitution, and did not specify exploration and production operations. And the export of oil and gas is one of the exclusive privities of the federal authorities as stated in Article 110 of the Iraqi constitution, so the provisions of the oil and gas law remain effective.

The statement pointed out that according to Article 122 of the Iraqi constitution, the federal government manages the oil and gas extracted from the current fields with the governments of the producing regions and governorates, and that the distribution of revenues will be equitably to the population, while specifying a share for the affected regions that were deprived by the previous regime.

The statement added that Article 112 includes the current fields only, and this means the oil fields that had commercial production before the Iraqi constitutional referendum in August 2005, meaning that after this date, the oil and gas process is subject to the exclusive peculiarities of the Kurdistan region, and thus the provisions of oil and gas in the Kurdistan region - Iraq No. 22 of 2007 The definition of (current fields) in the first article of that law is consistent with the Iraqi constitution and is not in violation of it.

The statement concluded by saying that according to Article 92/2 of the Iraqi constitution, the Iraqi parliament must issue a law to establish the Federal Supreme Court, adding that that law has not been issued yet, so in Iraq there is no federal court that was formed in accordance with the constitution, and the court that issued Resolution 15 of February 2022 with the aim of canceling the Oil and Gas Law in Iraqi Kurdistan No. 22 of 2007 has no constitutional authority, and that the Oil and Gas Law in the Kurdistan Region remains in force.

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Sounds like this all hinges on an interpretation that in 2005 future discovery doesn’t apply. This conclusion sounds like a legal loophole and not consistent with the spirit or intentions to distribute oil wealth to all Iraqis. . . Power rarely relinquishes itself, that’s why there must be blood if change is to occur. . . I will continue to watch, so far it’s been civilized legal battles in the courts since the protests and early elections. But, without political process and the ability of the government to function this is looking to me like a path to an armed conflict.

 

I sure hope I’m missing the mark with this one and they can work in the spirit of cooperation, sign an agreed upon HCL, provide Europe with oil and RV their currency. The potential is certainly present. 

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1 hour ago, ametad said:

Sounds like this all hinges on an interpretation that in 2005 future discovery doesn’t apply. This conclusion sounds like a legal loophole and not consistent with the spirit or intentions to distribute oil wealth to all Iraqis. . . Power rarely relinquishes itself, that’s why there must be blood if change is to occur. . . I will continue to watch, so far it’s been civilized legal battles in the courts since the protests and early elections. But, without political process and the ability of the government to function this is looking to me like a path to an armed conflict.

 

I sure hope I’m missing the mark with this one and they can work in the spirit of cooperation, sign an agreed upon HCL, provide Europe with oil and RV their currency. The potential is certainly present. 

do they have the authority to even have their own law????

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Just now, screwball said:

I sure hope I’m missing the mark with this one and they can work in the spirit of cooperation, sign an agreed upon HCL, provide Europe with oil and RV their currency. The potential is certainly present. 

lets hope.....courts will sort it out..

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Kurdistan Judiciary: The Federal Court is 'unconstitutional'
 

Baghdad - people  

On Saturday, the Kurdistan Regional Judicial Council issued a statement on oil and gas-related operations and how to manage oil fields.  

  

The statement, which was followed by "Nass", (June 4, 2022), stressed that "according to the law, the Federal Court is unconstitutional and has no authority to overturn the oil and gas law of the Kurdistan Regional Government."  

  

The statement explained that "the procedures of the Kurdistan Regional Government regarding the oil and gas operation in 2005 are legal, and that the provisions of the Oil and Gas Law No. 22 of 2007 issued by the Kurdistan Parliament do not contradict the Iraqi constitution, and that the constitution does not stipulate that the export of oil and gas The federal authorities have exclusive powers as stipulated in Article 110 of the Iraqi constitution, so the provisions of the Oil and Gas Law remain in effect.”  

  

He added that "according to Article 112 of the Iraqi constitution, the federal government manages the oil and gas extracted from the existing fields along with the governments of the producing regions and governorates, and their revenues will be distributed fairly to the population, with a share allocated to the affected areas that were forbidden by the previous regime."  

  

The statement pointed out that "according to Article 92/2 of the Iraqi constitution, the House of Representatives must issue a law to establish the Federal Supreme Court, but so far no such law has been issued in Iraq, so there is no federal court established under the constitution and the current court does not have the powers to issue A decision to repeal the Oil and Gas Law No. 22 of 2007 and in the region and thus The KRG Oil and Gas Law remains in effect.”

  

 

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Legal Expert: Kurdistan's Judiciary Statement A Coup Against The Constitution

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Information / Baghdad...
Legal expert Mustafa al-Khaylani said Sunday that the statement of kurdistan's recent district was a political one, saying it represented a coup d'état.
"The Federal Supreme Court of Iraq has made its decisive decisions and is being taken by a distinguished elite of Iraqi judges in accordance with the concepts of the constitution and the law," al-Khaylani told Al-Ma'fi.
"The statement of the Kurdistan district is very political and may have come under pressure from the ruling authority in Arbil, which represents a coup against the Iraqi constitution," he said.
"The wise authority in Kurdistan is trying through various tools to impose a de facto policy and to use its influence in all authorities, and the latest statement is a confirmation of what is actually happening in Erbil and the rest of the provinces," he said. Finished / 25 p

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The first response from "Barzani's party" to the lawsuit demanding his dissolution before the Federal Court

2022.06.05 - 15:32

 

The first response from "Barzani's party" to the lawsuit demanding his dissolution before the Federal Court
 

Baghdad - people  

Hoshyar Siwili, head of the relations office in the Kurdistan Democratic Party, said today, Sunday, that the demands to dissolve the party are not new, and it is like a "camel's dream," as he put it.  

  

 

  

Siwili added, in statements to KDP media, on June 5, 2022, which were followed by "Nas", that "attempts to dissolve the party are old and even military force was used, and that resorting to the judiciary for the same purpose is part of those attempts."  

  

The relations official in the Democratic Party added, "They are assured that those seeking to dissolve the party through the Federal Court will not succeed and that their justifications are flimsy."  

  

"There is no evidence that the region is not committed to the decisions of the Federal Court, and discussions and attempts are continuing to issue a federal law for oil and gas," Siweli stressed.  

  

He continued, "They attend court sessions through legal representatives, and they present their legal arguments and defenses and defend the party."  

  

He pointed out that "the lawsuit does not target the party, but rather the entity of the Kurdistan region and the person of the party's leader, Massoud Barzani, who defends the Kurdistan region."  

  

A representative of the State of Law Coalition filed a lawsuit with the Iraqi Federal Supreme Court, through a lawyer, to demand the dissolution of the Kurdistan Democratic Party on accusations of non-compliance with the Federal Court's decision on oil.  

  

Documents obtained by "Nass" included a lawsuit before the Federal Court demanding the dismissal and dissolution of the Kurdistan Democratic Party on charges of "rebellion against the Iraqi constitution."     

  

me_ga.php?id=37409  

  

me_ga.php?id=37410  

  

  

On the other hand, Barzani's headquarters announced in a statement that "President Massoud received British Ambassador to Iraq Mark Bryson Richardson in Salah al-Din today, Sunday, and they discussed together the decision of the Federal Court."    

  

According to the statement, "the meeting, which was attended by David Hunt, the British Consul in Erbil, discussed the steps of the political process in Iraq and the challenges and obstacles facing the formation of the new Iraqi government."    

  

The meeting also shed light on the decisions of the Iraqi Federal Court, and Masoud Barzani stressed that "commitment to the constitution and dialogue is the solution to the problems and crises in Iraq."  

https://www.nasnews.com/view.php?cat=87418

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Coordinator demands the trio to state its position on Kurdistan's "insistence" to sell oil: state your positions

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Today, Sunday, the coordination framework called on the tripartite alliance to express its position on the decision of the Kurdistan judiciary regarding the sale of oil.

The leader of the framework, Haider al-Lami, said, "The tripartite alliance has clarified its position on the statements of the judiciary in Kurdistan regarding the unconstitutionality of the Federal Court."

He added that "the Kurdistan region will choose the next president of the republic according to the merits of forming the government, and this requires knowing that the next president will be with the Federal Court in all its decisions, or is he against this matter."

Al-Lami explained, "The tripartite coalition must state its position on the accusations of the region's judiciary that the Federal Court is unconstitutional for the previous reasons," noting that "the framework does not question anyone's patriotism, but the positions must be clear."

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Today, Sunday, the representative of the Al-Fateh Alliance, Rafiq Al-Salihi, confirmed that there is great parliamentary anger at the rebellion of the Judicial Council in the Kurdistan region against the decisions of the Federal Supreme Court, with regard to the oil and gas file.

Al-Salihi said, in an interview with Al-Nabaa Agency, that "the rebellion of the Judicial Council in the Kurdistan Region against the decisions of the Federal Supreme Court, with regard to the oil and gas file, is a dangerous and great precedent. This rebellion will open the door to rebellion against any decision issued by the federal government and its institutions, and this rebellion It generated a very large parliamentary anger."

And he indicated that "the decisions of the Federal Supreme Court in Iraq are not subject to discussion and are binding on all authorities and authorities in all parts of Iraq, including in the region, and any rebellion against the court's decisions will follow measures against the region, and the federal government is required to intervene urgently, to stop This is a dangerous rebellion against the judiciary."

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ERBIL, Kurdistan Region - A member of the Iraqi parliament on Sunday filed a lawsuit against the Kurdistan Democratic Party (KDP) to Iraq's top court, claiming that the “rebellious party” has not abided by the rulings of the constitution, requesting its dissolution, and prohibition from holding any public office. 

The complaint document filed by Alia Nusaif Jasim, MP of the State of Law coalition, sent to Rudaw on Sunday by her lawyer Muhamed Majid al-Saadi, asks the Iraqi federal supreme court to dissolve the KDP and prohibit its candidate for Iraq’s presidency, Reber Ahmed, and all other members from holding official positions in Iraq, on the basis of disregarding previous rulings from the court, in violation of Article 94 of the Iraqi constitution.

Jasim gives examples of the KDP refusing to abide by the court’s judgment when it ordered the cancellation of the Kurdistan Region’s 2017 referendum, as well as rejecting the decision to outlaw the Region’s oil and gas law in February.

Article 94 of the Iraqi constitution states that “decisions of the federal supreme court are final and binding for all authorities.”

The MP argues that the phrase “all authorities” applies to the Kurdistan Regional Government (KRG) as well, which is heavily ruled by the KDP.

“It has become the obligation of the venerable Iraqi judiciary, as a preliminary measurement, to isolate and dissolve the party that has rebelled against the Iraqi constitution [KDP], and reject any candidate it presents for the post of president of the republic or any other executive or legislative position in the Iraqi state,” read the document filed by Jasim.

Hoshyar Siwaily, head of KDP’s foreign relations, responded to Jasim’s allegations, stating that there was no legal basis for the accusations against his party, adding that if the court decides to move forward with the complaint, representatives of the KDP will defend the party, as representatives of the KRG have done in previous cases against the Region as well. 

The KDP official believed that the lawsuit was bound to fail, stating that the party has always abided by the rulings of the Iraqi constitution. “There is no evidence to prove that the Kurdistan Region has not abided by the federal court. On the contrary, the discussions between the KRG and the Iraqi oil ministry are ongoing and the efforts are in the direction of reaching a mutual agreement to issue an oil and gas law, compatible with the Iraqi constitution,” Siwaily told Rudaw’s Sangar Abdulrahman on Sunday.

The Iraqi top court in February found the Region’s oil and gas law to be “unconstitutional,” therefore striking down the legal basis for the independence of the Kurdistan Region’s oil and gas sector. Kurdish leaders have slammed the decision repeatedly, including President Nechirvan Barzani and PM Masrour Barzani, both key members of the KDP.

The Kurdistan Region’s judicial council on Saturday reiterated the claim that the top Iraqi court is “unconstitutional,” therefore rejecting the court’s ruling against the Region’s oil and gas industry.

The Region held an independence referendum on September 25, 2017, despite ruling from the Iraqi supreme court a week prior to suspend the vote.

In November 2017, the Iraqi Federal Court ruled that the Kurdish independence referendum which was held on September 25 is "unconstitutional" and therefore its results are null and void.

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Talabani Party: We are with the constitution on the export of oil from the region

Talabani Party: We are with the constitution on the export of oil from the region
Last updated: June 5, 2022 - 3:02PM

Baghdad/ Iraq News Network - The Patriotic Union of Kurdistan (PUK) on Sunday commented on the rejection of the federal court's decision on the export of oil.

Talabani Party: We are with the Constitution on the export of oil from the region - Iraq News Network (aliraqnews.com)

 
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This is something, huh. Most impressive political tennis match going on. I'm sure the outcome will be equally impressive with far reaching consequences...so I get it.

One thing puzzles me though. The article about Barzani & the dissolution of the party and his comment that it's been tried before and it is " a camel's dream " ???

Normally I'm not longer surprised by anything coming out of Iraq/Kurdistan but this comment stopped me cold. What in the world is a " camel's dream " for crying out loud &  how does that even equate with the substance of the article & maybe I don't even want to know how it could.

 

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