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


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The Federal Court explains its decision that the oil and gas law for the Kurdistan region is unconstitutional
  
{Political: Al Furat News} The Federal Supreme Court has interpreted its decision that the oil and gas law for the Kurdistan region is unconstitutional.

A statement to the court’s media stated that {Euphrates News} received a copy of it: “The Federal Supreme Court issued its decision No. (59 / federal / 2012 and unified 110 / federal / 2019) on February 15, 2022 based on the provisions of articles (110, 111, 110, 115 and 121). and 130) of the Constitution of the Republic of Iraq for the year (2005).
And she indicated that "the decision issued by one of the courts of the United States of America, based on a lawsuit by the plaintiff, the Iraqi Ministry of Oil and the defendant, the Ministry of Natural Resources of the Kurdistan Regional Government, was in the interest of the plaintiff. / 2015 Fifth Circuit its decision containing the Kurdistan Regional Government submitted this appeal and through its voluntary approval of unloading the shipment in Israel, and thus the Kurdistan Regional Government weakened the strength of its argument on the subject of the appeal.
He pointed out that "the decision ended with {For the previously mentioned reasons, we agree to the ministry's request and the Iraqi Oil Ministry to reject this appeal} and thus, the supreme interest of Iraq and its people requires resolving the case numbered (59/Federal/2012 and its unit 110/Federal/2019) and issuing the decision according to what was stated in it".
The Federal Supreme Court issued its decision on Tuesday, which included a ruling that the Kurdistan Regional Government’s Oil and Gas Law No. 22 of 2007 was unconstitutional and repealed it for violating the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over all oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export. 
She emphasized that the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale.
It also obligated the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the Kurdistan Regional Government regarding the export and sale of oil and gas for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees Communicate the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not delay it, and notify the federal government and the Federal Office of Financial Supervision of that.
It is noteworthy that the decision of the Federal Court was rejected by the Kurdistan region and accused of "politicizing".

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According to the court's decision, a legal expert reveals the fate of the region's previous oil imports
  
{Economic: Al Furat News} Legal expert Ali Al-Tamimi revealed, on Thursday, the details of the Federal Court's decision to cancel the oil and gas law in the Kurdistan region and the fate of previous imports.

Al-Tamimi said, "This decision makes the oil and gas law in the region null and void for violating the constitutional provisions in accordance with Articles 110, 111, 112, 115, 122 and 130 of the constitution." 

He pointed out that "the law obligated the regional government to hand over oil imports retroactively from the date of concluding the contracts and to allow the Ministry of Oil and the Office of Financial Supervision to view these contracts. In the case of volumes, these funds will be deducted from the 17% allocated to the region." 

And he stated that "the Federal Court was based on Article 111 of the Constitution that oil and gas belong to the Iraqi people, and therefore the management of oil and gas is from foreign trade and is within the jurisdiction of the central Iraqi government in accordance with Article 110 of the Constitution. 112 It means that they are the productive, explored and developed fields according to the most acceptable interpretation, and not only the productive ones, as the Kurdistan region sees.

The legal expert noted that "Iraq is a federal country, not a confederation, and SOMO has exclusive jurisdiction in exporting oil," pointing out that "the decision of the Federal Court is binding and has become, and it is not possible, as some say, to go to international courts, as this decision is exclusively related to the sovereignty of the state." 

He continued: "As for the results of the concluded contracts, the international companies return to the Kurdistan region of Iraq in compensation for the damage and not to the central government." 

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A Kurdish bloc welcomes the federal decision regarding the Kurdistan Oil Law: We hope it will be in the interest of the people
 

Baghdad - people  

The Kurdistan Justice Group bloc in the Iraqi parliament suspended, on Wednesday, the decision of the Federal Supreme Court on the oil and gas law in the Kurdistan region.  

  

 

  

The bloc said in its statement, of which “Nass” received a copy, (16 February 2022), that “with regard to the decision of the Federal Supreme Court (59 and 110) on the oil and gas law that pertains to the Kurdistan Region in the extraction, export and sale of oil and the termination of all contracts concluded between the region Kurdistan and the oil-producing companies in the region and fixing the region’s dues in the state budget, and despite the annoyance of the state institutions in the region, the people of Kurdistan welcome this decision and hope it will be in their interest to improve their lives.”  

  

The bloc added, "Unfortunately, the oil policy in the Kurdistan region was in the hands of a group of people, and the contracts were hidden without anyone knowing about them, how they are sold and where this money goes," noting, "Everyone knows that the regional government has never felt the suffering of the people." The Sumo Company did not give the oil so that the people would get their share, and for this reason there was a major financial crisis after the federal government began cutting the region's budget."  

  

And she indicated, "According to Law No. 22 of 2007 the Oil and Gas Law, four companies were supposed to be established to find and extract oil, gas and oil derivatives, but unfortunately for 15 years no action was taken in this regard, including the establishment of the Oil and Gas Revenue Fund, but it failed. The government did not invite the Office of Financial Supervision to audit this file."  

  

She added, "We believe that the reason for issuing this decision at this time is the two parties in power and their incompatibility on positions, and the people are the biggest losers, and we support all decisions that are in the interest of the Kurdish people, their economy and their interests so that they can enjoy a decent life in the future."  

  

And the Ministerial Council for National Security, earlier, issued a package of directives regarding the decision of the Supreme Court of Kurdistan oil.  

  

The media office of the Prime Minister said in a statement, of which “Nass” received a copy, (16 February 2022), that “the Prime Minister, Commander-in-Chief of the Armed Forces, Mustafa Al-Kazemi chaired, today, Wednesday, the meeting of the Ministerial Council for National Security,” noting that “the meeting discussed developments.” The security situation and developments in the Iraqi and regional arena.    

  

He added that "the Council hosted the Minister of Oil to discuss the recent Federal Court decision on the management of oil in the Kurdistan region, in addition to a number of other issues on its agenda," noting that "the Council decided to assign the Ministry of Oil to communicate and coordinate with the Kurdistan Regional Government and the companies and countries concerned, To prepare mechanisms and steps to manage this file in accordance with the provisions of the Constitution and the supreme national interest.    

  

And he added, "The Ministerial Council for National Security authorized the Ministry of Oil to seek the assistance of consultants and experts from inside and outside Iraq in order to develop a technical and temporal road map in this regard," noting that "the ongoing operations of our security forces to pursue outlaw gangs and activate arrest warrants that have not been done for a while were discussed." The Council affirmed the provision of all means of support to the security forces to carry out their duties and enforce the law.    

  

He continued, "The Council confirmed the follow-up to the directive issued by the Commander-in-Chief of the Armed Forces regarding monitoring the prices of food commodities, controlling price manipulators and people's food, and bringing them to justice in accordance with the law," noting that "the Council agreed to approve the cybersecurity strategy 2020-2022, taking into account the observations that were mentioned. At the meeting of the Ministerial Council for National Security.   

  

And the Kurdistan Regional Government issued, earlier, a statement regarding the Federal Court's decision that the oil and gas law in the region's government was unconstitutional.    

  

The government said in a statement, of which “Nass” received a copy of it, (February 15, 2022), that “the Kurdistan Region of Iraq and out of belief in the Iraqi Federal Constitution of 2005, which stipulates in Article 117 the recognition of the Kurdistan Region and its existing powers as a federal region with all its legislative and executive powers. And the judiciary, and the distribution of powers between the federal authorities and the regions, and it was established in the Iraqi constitution that the field of oil and gas is not among the exclusive powers of the federal government, according to Article 112 of the Constitution, which recognized the right of the Kurdistan Region to extract and develop the oil and gas sector of the Kurdistan Region.   

  

She added, "From the vision of joint action in this field, according to Article 112 of the Constitution, the Kurdistan Region has moved forward to work with the Federal Government to issue an oil and gas law, and the draft was drafted and approved by both sides in February of 2007, and it was stated In the minutes of preparing the draft, the two sides agreed that if the draft law is not legislated in the Iraqi parliament in the form approved by the two sides within a period of 6 months, the two governments are authorized to develop the oil and gas sector.    

  

And she continued, "Because unilateral changes were made by the federal government to the joint draft without returning to the Kurdistan region, in a way that emptied the project from the constitutional powers of the region, the Kurdistan Parliament, based on the constitutional authorities, issued the oil and gas law in the region, and after the law entered into force, it began Major international oil companies invest in this sector with huge capitals, to explore for oil and develop oil fields after oil exploration.    

  

She pointed out that "after cutting the Kurdistan region's share of the budget in February of 2014 by an individual decision of the federal government, and before the Kurdistan region exported oil abroad, and as a result of the great financial crisis that the Kurdistan region was exposed to in May 2014, the region's oil was exported to provide Salaries and public services, and in the meantime, the Kurdistan Region continued to negotiate to take joint constitutional measures. Finally, the two parties agreed, within the framework of the Federal Financial Budget Law for 2021, on the right of the Kurdistan Region to extract, export and sell oil, and hand over the sale of 250 thousand barrels of oil per day to the government. At the same time, the two parties had common understandings to prepare a draft federal oil and gas law based on Article 112 of the constitution, and this is evidence of the fact that the Kurdistan region believes in joint work within the framework of the constitution with the federal government, to develop oil and gas strategies throughout Iraq. .    

  

And she indicated that "at a time when everyone had to support the positive atmosphere prevailing between the regional government and the federal government, the Federal Supreme Court today issued a decision without taking into account constitutional principles and based on the central laws issued by the former Baath regime that contradict federal values and the tasks of the federal authorities." By dissolving the central laws after 2005 under the name of the Ministry of Oil Law No. 101 of 1976, in addition to many legal violations and judicial contexts that marred the Federal Court’s decision, such as the unification of two different lawsuits without a legal basis, this decision would complicate the issue and not address the differences.    

  

The statement indicated that in light of the above facts, the Kurdistan Regional Government affirms the following:    

1- This decision is unfair, unconstitutional and contradicts the constitutional rights and authorities of the Kurdistan region and is unacceptable. The court should have conducted more extensive investigations and taken into consideration the claims of the Kurdistan region.    

2- The Kurdistan Regional Government will not relinquish the region’s rights that are enshrined in the Iraqi constitution, and from this standpoint, the Kurdistan Regional Government will continue its efforts with the federal government to reach a fundamental constitutional treatment for this file, despite the fact that the Kurdistan Regional Government requested and tried to postpone this case and give an opportunity to Kurdistan Regional Government agreement with the next federal government.    

3- The Kurdistan Regional Government will take all constitutional, legal and judicial measures to defend all contracts concluded in the field of oil and gas.    

  

The Federal Court ruled, earlier, the unconstitutionality of the oil and gas law in the Kurdistan Regional Government.  

  

And the judiciary's media stated in a statement that "Nass" received a copy of it, (February 15, 2022), that "the Federal Court issues a ruling that the oil and gas law in the Kurdistan Regional Government is unconstitutional."     

  

He added that "the federal government obligated the region to enable the Ministry of Oil and the Federal Office of Financial Supervision to follow up on the conclusion of contracts for the sale of oil and gas in the region."     

  

The federal government also obligated "the regional government to hand over to the federal government, represented by the Federal Ministry of Oil."     

  

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A new clarification from the Federal Court regarding its decision regarding Kurdistan oil (documents)
 

  

Baghdad - people  

On Thursday, the Federal Supreme Court issued a clarification regarding its decision that the Kurdistan Region's oil and gas law was unconstitutional.  

  

 

  

And the judiciary’s media stated in a statement that “Nass” received a copy of it, (February 17, 2022), that “The Federal Supreme Court issued its decision No. (59 / federal / 2012 and unified 110 / federal / 2019) on February 15, 2022 based on the provisions of Articles (110, 111, 110, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year (2005), especially that the decision Issued by one of the courts of the United States of America, based on a lawsuit by the plaintiff, the Iraqi Ministry of Oil, and the defendant, the Ministry of Natural Resources of the Kurdistan Regional Government, was in favor of the plaintiff, and the decision was appealed by the appellant, the Kurdistan Regional Government of Iraq. Its decision included the Kurdistan Regional Government submitted this appeal, and through its voluntary approval of unloading the shipment in Israel, and thus the Kurdistan Regional Government weakened the strength of its argument on the subject of the appeal, and the decision ended with (for the reasons mentioned previously, we agree to the request of the Ministry (Iraqi Ministry of Oil) to reject this appeal), and thus the higher interest of Iraq and its people requires the settlement of the numbered case (59 / Federal / 2012 and its unified 110 / Federal / 2019) and the issuance of the decision in accordance with what was stated in it.   

  

Below is the decision of the US Court of Appeals:   

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Below is the decision of the United States District Court:   

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The Iraqi president calls for the speedy issuance of the oil and gas law and the launch of a dialogue with the Kurdistan region

The Iraqi president calls for the speedy issuance of the oil and gas law and the launch of a dialogue with the Kurdistan region
Iraqi President, Barham Salih
 

Mubasher: The Iraqi President, Barham Salih, called today, Thursday, for the Iraqi parliament to act immediately; To discuss the draft oil and gas law that has been postponed for years, whether by enriching its texts or submitting a new draft law from the executive authority, and approving it without complacency.

Saleh called, according to a statement issued by the Presidency of the Republic, to launch a serious and urgent dialogue between the federal government and the Kurdistan Regional Government; To find realistic mechanisms that guarantee what the Federal Court wanted to implement, and to meet the constitutional entitlements of the Kurdistan region and all Iraqis, and to harness the imports for them away from corruption and mismanagement.

The President of the Republic directed the necessity of completing constitutional requirements that are absent in the existing political system, forming the Federation Council in accordance with Article 65 of the Constitution, establishing a public body concerned with guaranteeing the rights of regions and governorates in accordance with Article 105 of the Constitution, and supporting the General Authority to monitor the distribution of federal revenues that was formed The end of the year 2021 and it still needs more support and powers.

Saleh stressed the need to respect judicial decisions, and embody the spirit of the constitution in meeting the interests of all citizens, calling on the parties to assume responsibility to overcome the crisis and prevent its deterioration, stressing the need to legislate the oil and gas law, considering that the hesitation of political forces in approving it for more than a decade contributed to the Create problems and crises.

The Iraqi president noted the need to complete binding constitutional requirements, which have been postponed for years, which, along with the oil and gas law, constitute an integrated legal cover that preserves the rights of Iraqis and regulates the relationship between the federal government, the regional government and the governorates that are not organized in a region, noting that their absence contributed to creating an unfavorable atmosphere. Natural management of oil wealth in Iraq, including the Kurdistan region.

President Barham Salih said that the time has come to consider a national responsibility for the relationship between the federal government and the Kurdistan Region, which has led to exposing the region’s citizens to suffering because of unfortunate and unacceptable austerity measures, such as the cut-off and delay in the salaries of employees and retirees, noting that the constitutional duty is to guarantee citizens’ living rights and non-acceptance. Putting their livelihoods in political disputes and turning them into victims.

The President renewed his call to amend the constitution, especially texts that proved inapplicable or responsible for deep crises, and supplementing and amending the texts regulating the work and formation of the legislative and executive authorities to make them protectors and servants of the people and expressing their free will and independent national decision.

He directed, to respect the constitutional entitlements in the country and to complete the formation of a new government that meets the aspirations of Iraqis, as the continuation of political debates and the exchange of accusations has become absolutely unacceptable, especially since the country is facing major national challenges and entitlements that do not accept postponement under any pretext.

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1 minute ago, yota691 said:

Mubasher: The Iraqi President, Barham Salih, called today, Thursday, for the Iraqi parliament to act immediately; To discuss the draft oil and gas law that has been postponed for years, whether by enriching its texts or submitting a new draft law from the executive authority, and approving it without complacency.

 

Yeah what him 👆 said.  So step on it!!!! We and the Iraqi people would be ever so grateful. :)

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The Federal Court of Iraq issues a notice about the unconstitutionality of the "Kurdistan" oil law

The Federal Court of Iraq issues a notice about the unconstitutionality of the "Kurdistan" oil law
Part of the meeting of the Federal Supreme Court of Iraq
 

Mubasher: The Federal Supreme Court of Iraq issued, today, Thursday, a notice regarding its decision that the oil and gas law for the Kurdistan region is unconstitutional.

The court indicated, in a statement today, that it issued its decision No. (59 / federal / 2012 and unified 110 / federal / 2019) on February 15, 2022; Based on the provisions of Articles (110, 111, 110, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005, especially that the decision issued by a court of the United States of America, based on a claim by the Iraqi Ministry of Oil and the defendant, the Ministry of Natural Resources of the Kurdistan Regional Government, was in the interest of claimant.

She pointed out, that the decision was appealed by the appellant, the Kurdistan Regional Government of Iraq, and the US Court of Appeals issued its decision on December 21, 2015, the Fifth Circuit. The severity of her argument in the subject of the appeal.

And the decision ended, according to the statement of the federal wisdom, with: (For the reasons mentioned previously, we agree to the request of the ministry (the Iraqi Ministry of Oil) to reject this appeal, and accordingly, the supreme interest of Iraq and its people requires resolving the case numbered (59/Federal/2012 and its unit 110/Federal/2019). And issuing the decision in accordance with it.

And the Federal Supreme Court revealed, in a statement yesterday, a summary of the Ministry of Oil’s lawsuit regarding the lack of jurisdiction of the regional government to export oil without the approval of the central government and the unconstitutionality of the oil and gas law of the Kurdistan Region.

The summary indicated that the ruling stipulated the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. (22) of 2007 and its repeal for violating the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005.

It included obligating the regional government to hand over all oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export.

It also stipulated the obligation of the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Office of Financial Supervision to review all oil contracts concluded with the Kurdistan Regional Government; regarding the export and sale of oil and gas; For the purpose of auditing it and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and that the region’s share of the general budget is determined in a manner that guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not to be delayed after all the paragraphs of this decision are implemented by the Kurdistan Regional Government and notification The Federal Government and the Federal Office of Financial Supervision do so.

On February 15, the Federal Court issued its decision in case 59 / federal / 2012 and unified 110 / federal / 2019 on 15/2/2022, which includes the ruling on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. (22) of 2007 and its cancellation for violating the provisions of articles ( 110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005.

The decision included, obligating the regional government to hand over all oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil and enabling it to use its constitutional powers regarding oil exploration, extraction and export.

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Earth News/ Former MP Yousef Al-Kalabi praised, today, Thursday, the performance of the Federal Court.
Al-Kalabi said, in a tweet followed by Earth News, that "the recent decisions of the Federal Court revive the determination of all those who fought for the sake of all the Iraqi people."
He added, "I regret what some are trying to do to strike and distort the Federal Court for the interests of individuals and parties, and I tell them Iraq is more important and greater than everyone else."
Today, Thursday, the Federal Supreme Court issued a clarification regarding its decision on the oil and gas law in the Kurdistan region.

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Earth News/ The legal expert, Ali Al-Tamimi, confirmed today, Thursday, that the Federal Court's decision regarding the oil and gas law was based on 6 constitutional texts.
In a clarification, Al-Tamimi said, "This decision makes the oil and gas law in the region null and void for violating the constitutional provisions in accordance with Articles 110, 111, 112, 115, 122 and 130 of the constitution."
He added that "the law required the regional government to hand over oil imports retroactively from the date of concluding the contracts and to allow the Ministry of Oil and the Office of Financial Supervision to view these contracts. In the case of volumes, these funds will be deducted from the 17% allocated to the region."
Al-Tamimi continued, "The Federal Court relied on Article 111 of the Constitution that oil and gas belong to the Iraqi people, and therefore the management of oil and gas is from foreign trade and is within the jurisdiction of the central Iraqi government in accordance with Article 110 of the Constitution."
And he indicated that "the concept of the current fields contained in Article 112, it means that they are the producing, explored, and developed fields according to the most acceptable interpretation, and not only the produced fields as seen by the Kurdistan Region."
The legal expert explained that “Iraq is a federal country, not a confederation, and SOMO has exclusive jurisdiction in exporting oil, and the decision of the Federal Court is binding and has become, and it is not possible, as some say, to go to international courts, as this decision is exclusively related to the sovereignty of the state.”

He pointed out that "as for the results of the concluded contracts, the international companies return to the Kurdistan region of Iraq in compensation for the damage and not to the central government."

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ERBIL, Kurdistan Region - Iraqi President Barham Salih on Thursday called on Erbil and Baghdad to respect the ruling of the federal court, urging them to start negotiations to resolve disputes surrounding the oil and gas industry.

“We find it essential that a serious and immediate dialogue between the federal government and the Kurdistan Regional Government starts in order to find a realistic mechanism and a practical solution that guarantees that this situation will be resolved in accordance to the content of the ruling of the federal court,” read the statement published by the presidency’s office.

Salih also called on the Iraqi parliament to start negotiating the oil and gas bill as soon as possible, claiming that it has been delayed for too long.

The statement comes after on Tuesday, the Iraqi Federal court deemed the region’s oil and gas law unconstitutional, after reviewing cases brought against Erbil in 2012 and 2019. 

Salih called on the KRG and the federal government to act responsibly in managing their relations, adding that it was as a result of these disputes that the people of the Kurdistan Region faced many problems “such as cutting a portion of employees’ and retirees’ salaries and their delay.”

The court’s decision found the Oil and Gas Law of the KRG to be “unconstitutional,” striking down the legal basis for the independence of the Kurdistan Region’s oil and gas sector.

The KRG responded to the decision late Tuesday, saying that the court’s ruling is not only “unconstitutional” but also “unjust.”

Kurdistan Democratic Party (KDP) leader Masoud Barzani, who himself played a key role in drafting the 2005 Iraqi constitution, said that the decision was political, and  Kurdistan Region President Nechirvan Barzani said early Wednesday that the court’s decision could further complicate the disputes between the two capitals.

Iraqi Prime Minister Mustafa al-Kadhimi on Wednesday tasked the Iraqi minister of oil to negotiate with the KRG regarding the federal court’s decision.

However, the region’s finance ministry on Thursday said that they have resorted to using February oil revenue to pay January salaries as Baghdad has delayed sending the region’s share of the federal budget. 

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After the decision of the Federal Court, the Ministry of Finance stops sending 200 billion dinars to Kurdistan per month

Posted 4 minutes ago
https://iraqakhbar.com/3487737
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News source / Iraq Today Agency

Baghdad - Iraq today:

The Ministry of Finance of the Kurdistan Region issued a statement saying that the Iraqi Ministry of Finance has again delayed sending the amount of 200 billion dinars used as an advance to complete the distribution of salaries for the region's employees.

And the ministry’s statement said, “The Iraqi Ministry of Finance has again delayed sending the amount of 200 billion dinars, which was used as an advance to complete the distribution of salaries for Kurdistan Region employees.

He added, “Although the amount should have been greater than that under the Iraqi Federal Budget Law for the year 2021, he did not send the January advance until today, February 16, 2022, and thus the process of distributing salaries has slowed down somewhat.

And he continued, “In order not to delay the distribution of the salaries of the employees of the ministries (Municipality and Tourism, Higher Education and Scientific Research, Electricity, the Presidency of the Council of Ministers, the Presidency of the Parliament, the Presidency of the Kurdistan Region, pensions for military and civilians), we decided that the distribution of salaries for the month of January 2022 will continue to be secured from the oil revenues for the month. February

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The Kurdistan region questions and does not recognize the terms of the Federal Court’s decision because it is unfair, politicized, unrealistic and has a political agenda

Posted 28 seconds ago
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The Kurdistan region questions and does not recognize the provisions of the Federal Court’s decision because it is unfair, politicized, unrealistic and has a political agenda, and it intends to postpone the Federal Court’s decision on benefits
 
The Federal Supreme Court is the constitutional judiciary in Iraq, and with this description, it always aims to preserve the legal system from the presence of any legislative text inconsistent with the provisions of the Constitution, whether in substantive or formal terms, and this is to achieve the principle of legality in the state and the supremacy of the rule of law with the ensuing protection of rights individuals and their freedoms.
 
        The ruling issued by the Federal Supreme Court is final in the sense that it is not subject to appeal in any other way, and is binding on all individuals and the three authorities of the state, legislative, executive and judicial, whether central or local. Based on the text of Article (13) of the Iraqi Constitution of 2005, which stipulates that ((First - This constitution is the supreme and supreme law in Iraq and is binding in all parts of it without exception. The constitutions of the regions or any other legal text that contradicts it) and with the same content came Article 3 (a and b) of the 2004 Iraqi Constitution (the Law of Administration for the State of Iraq for the Transitional Period
 
Yesterday, Tuesday, the Federal Supreme Court issued its decision regarding the lawsuit filed by the Ministry of Oil against the Kurdistan Regional Government, regarding the oil dues, according to which it obligated the region to pay all dues to the Center since the date of oil production in the region in the year 2004 to the date of filing the lawsuit in 2012.
 
An official in the Kurdistan Democratic Party promised that the decision was “unfair” to the region, as there is no oil and gas law legislated by the central government, but stressed the region’s “commitment” to this decision.
 
What is the meaning of Alimen... There are many words behind it that are not true and do not do it out of a cautious courtesy
 
Kurdistan Democratic Party member Mahdi Karim said, "The court's decision is binding on all parties, including the region, and there will be no gap because of this decision," expressing his hope that the (oil and gas law) will be legislated by Parliament in the center to avoid problems, and this is what we will confirm. on him".
 
And that “the decision is a natural matter and we respect the decisions of the Federal Court, but there must be fairness first, given that the main (oil and gas law) in Baghdad has not been legislated until this moment, and this includes unfairness to the region and even to Baghdad because if the law was legislated, there would be no work outside the constitution. “.
 
That "the region is bound by the decisions of the Federal Court by virtue of the agreement between the region and the center, and financial control exists and supervises all export matters, and this is clear evidence of the region's commitment to the decisions of the court."
 
"The Federal Court's decision included obligating the regional government to pay the federal government the oil revenues from the date of 2004, that is, since the start of oil production to 2012, which is the date of the lawsuit. After that, the decision gave the government the right to demand another lawsuit for dues from 2012 until now."
 
And that “the Federal Court ruled from the date of the region’s oil production until the date of the lawsuit, as for what follows it needs a new lawsuit, and the lawsuit that will be filed contains a fixed constitutional document that is the current court’s decision, meaning that it does not need investigations and evidence.”
 
And he indicated that "the federal government must demand these dues, because the court's decision obligates it to do so, even if the issue has political aspects, the issue is also legal."
 
And that “in the event that the region refuses to pay, other measures are taken against it, including cutting its share of the budget or cutting its entitlements,” noting that “the delay in the decision of the case was due to many issues, the first of which is that the representative of the regional government has not attended the court for nearly four years, and the court cannot be held. Without the presence of the parties to the lawsuit, and after their attendance, there were delays and delays.”
 
And “the change of court members led to the suspension of the case until the new court is held,” stressing that “the government, in the event that a second case is filed, will not be delayed because it will be based on the ruling issued (yesterday on Tuesday), meaning that during one or two sessions it wins the ruling.”
 
Yesterday, Tuesday, the Federal Court issued a ruling that the oil and gas law in the Kurdistan Regional Government is unconstitutional. The court also obligated the region to hand over oil to the federal government. The court’s decision also obligated the Federal Oil Ministry to follow up on all contracts of extraction, production and export that were unique to the region.
 
A leader in the Patriotic Union of Kurdistan hinted today, Tuesday, that the Federal Court's decision regarding the oil and gas law in Kurdistan is subject to a "political agenda", while indicating that it will not help solve the chronic crisis between Baghdad and Erbil over oil.
 
The leader of the Patriotic Union of Kurdistan, Erez Abdullah, said in a statement to Earth News, "All decisions of the Federal Court are binding and respected, but the question is, does this decision help to solve the oil and gas problem between the federal government and the Kurdistan Regional Government, or does it cause other political complications?"
 
He added, "I think without the legislation of the oil and gas law, this problem will remain between the two parties, and I hope that this decision will help to expedite the legislation of the law and solve this problem," noting, "But how does the Federal Court issue this decision without a legal basis, because neither the Kurdistan Regional Government nor the government The Federalists are reluctant to legislate this law, but the lack of agreement on its content and on this draft law has left the problem unresolved.”
 
And between “this decision and other decisions (all other federal decisions) interfered with a political agenda, because the country is going through complex political crises, and this decision is one of these decisions,” stressing, “I hope that this decision will help expedite agreement on a draft law and its legislation by the House of Representatives.” It solves this lingering and chronic problem between the two parties.”
 
The Federal Court had decided this afternoon, Tuesday, to prevent the Kurdistan region from exporting oil in its favour, and obligated it to hand over the federal government's oil export revenues, based on a lawsuit filed by the Ministry of Oil before the Federal Court.
 
Today, Tuesday, oil expert and economic researcher Hamza Al-Jawahiri confirmed that the delivery of Kurdistan Region's oil imports depends on the strength of the federal government and the strength of its decisions, stressing that "the decisions of the Federal Court are binding." Over everyone and his rule is the rule of the constitution.”
 
Al-Jawahiri said in an exclusive statement to NRT Arabic: “The decisions of the Federal Court are binding on everyone and its ruling is the ruling of the constitution, and if the constitution includes interpretative opinions, but the decisions of the Federal Court that are considered an interpretation of the constitutional provisions, they cannot be interpreted and cannot be retracted.”
 
On handing over imports from the region to the federal government, Al-Jawahiri says: "This issue depends on the strength of the federal government and the strength of its decisions, and the new federal government must be strong enough to limit any external action." Constitution provisions.
 
The oil expert added that: “This decision will contribute to improving the economic reality of the country and will return 620 barrels of oil per day to Iraq, with an estimated annual amount of 14 billion dollars other than what is smuggled. This is great.” The victory of Iraq and its other oil derivatives such as gas.”
 
On the decision of the unconstitutionality of the oil and gas law in the regional government: a great victory for Iraq
 
The Federal Court issued its decision on Case 59/Federal/2012 and Unified 110/Federal/2019 on 15/2/2022, which includes the ruling on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. (22) of 2007 and its cancellation for violating the provisions of Articles (110, 111, 112, 115, 121 and 130 ) of the Constitution of the Republic of Iraq for the year 2005.
 
A court statement stated, that the decision included obligating the regional government to hand over all oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil and enabling it to use its constitutional powers regarding exploration Oil, its extraction and export.
 
He added that the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale, and to oblige the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the regional government regarding the export of oil and gas. Selling it for the purpose of auditing it and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not delaying it, and notifying the federal government and the Federal Financial Supervision Bureau of that.
 
The Kurdistan region began selling its oil independently of the federal government, after a stifling financial crisis as a result of the collapse of oil prices during the ISIS invasion of areas in Iraq, in addition to the disputes with Baghdad that prompted the latter to stop paying the salaries of the region’s employees.
 
Baghdad says its national oil company, SOMO, is the only entity authorized to sell Iraqi crude oil, but each side claims the constitution is on its side. Since the Iraqi oil and gas law remained imprisoned in the drafting stage due to differences, there was room for maneuver.
 
The oil file is one of the most prominent outstanding issues between Baghdad and Erbil.
 
Baghdad used to pay 453 billion Iraqi dinars monthly (about $380 million) as salaries to the employees of the Kurdistan region, but it stopped them after the region conducted the referendum on secession on its part, and because of what Baghdad said that the region was not committed to handing over its oil in accordance with the terms of the federal budget.
 
After several rounds of political negotiations, the region was obligated, according to an agreement with the government in Baghdad, to hand over 250 thousand crude barrels per day of crude oil produced from its fields to the state-owned company "SOMO", and hand over the revenues to the federal public treasury, but it did not abide by the agreement, according to statements made. By the Minister of Oil.
 
A legal expert revealed that the Federal Court's decision regarding the Kurdistan region set a conditional share for him in the financial budget.
 
Ali Al-Tamimi (Al-Oula News) said, a copy of it, that "the decision of the Federal Court today canceled the oil and gas law for the Kurdistan region, and that it is not enforceable and frozen and may not be applied."
 
And he indicated, "The Federal Court obligated the region to pay all benefits to the federal government for the extraction and export of crude oil, as well as enabling it in the field of extraction and exploration."
 
Al-Tamimi added, "The Federal Court also threw the issue of following up on contracts concluded by the Ministry of Energy and Natural Resources in the region on the Ministry of Oil and the Office of Financial Supervision."
 
He pointed out that "the Federal Court linked the issue of compliance with the oil agreement in the region's share of the budget, which amounts to 17%," stressing that "this decision is very dangerous, especially since it was based on constitutional articles."
 
Today, Tuesday, the Federal Supreme Court issued its decision that the Kurdistan Regional Government’s Oil and Gas Law No. 22 of 2007 is unconstitutional and repealed for violating the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005.
 
The court obligated the regional government to hand over the entire oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government extracted oil and hand it over to the federal government represented by the Federal Ministry of Oil and enable it to use its constitutional powers regarding oil exploration, extraction and export.
 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties (countries and companies) regarding oil exploration, extraction, export and sale.
 
It also obligated the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the Kurdistan Regional Government regarding the export and sale of oil and gas for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget and in the form Which guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not to delay it and notify the federal government and the Federal Financial Supervision Bureau of that.”
 
 
The Kurdistan Regional Government of Iraq objected to the Federal Supreme Court's decision that the region's export of oil away from the federal government in Baghdad was unconstitutional.
 
The government said in a statement that "this decision is unfair, unconstitutional, and against the rights of the constitutional authorities of the Kurdistan region."
 
She added: "This decision cannot be accepted, and the court should have expanded its investigations and taken into consideration the region's demands."
 
And she indicated that she "will not give up the rights of the Kurdistan region, which are enshrined in the constitution."
 
And she added: "From this standpoint, we will continue our attempts with the federal government to reach radical constitutional remedies for this file."
 
And she continued, "We will take all constitutional, legal and judicial measures to ensure and protect contracts concluded in the oil and gas sectors."
 
On Tuesday, the Federal Supreme Court of Iraq issued a ruling that the oil and gas law in the Kurdistan Regional Government was unconstitutional for violating the federal constitution.
 
The Kurdistan Regional Government described the decision of the Federal Court on the oil and gas law in the region, on Tuesday, as “unconstitutional,” stressing that it cannot be accepted.
 
In a statement received by Shafaq News Agency, the regional government said that "Kurdistan Region, based on its belief in the Federal Constitution of Iraq of 2005, which approved in the provisions of Article 117, the Kurdistan Region as a federal region enjoying full legislative, executive and judicial powers, and competencies were distributed between the federal authorities and the regions."
 
She added that "the Iraqi constitution stipulates that the oil and gas field is not an exclusive authority of the federal government in light of Article 112, which recognized the right of the Kurdistan Region to extract and develop the region's oil and gas."
 
 
She pointed out that "with regard to joint work in this regard based on the provisions of Article 112, the Kurdistan Region has taken steps to pass the oil and gas law, as the draft law was prepared and approved by both sides in February 2007, and during the drafting of the draft it was agreed that If the bill is not passed in the Iraqi parliament within the next six months, the two governments will be free to develop the oil and gas sector.”
 
And she continued, "Because the federal government made a fundamental change to the joint venture unilaterally, in isolation from the Kurdistan Region, and in a way that violated the constitutional powers of the region, the Kurdistan Parliament legislated the oil and gas law for the region under the constitutional authorities, and after the law entered into force, the major oil companies invested The world has invested huge sums of money to explore for crude and develop its fields after the discovery of oil.”
 
The Kurdistan Regional Government said, “After the unilateral cut of the Kurdistan Region’s share in February 2014 by the federal government, and before the Kurdistan Region’s oil was exported abroad, and as a result of the great financial crisis that the region faced in May 2014, the Kurdistan Region has been Exporting oil with the aim of securing salaries and providing public services. Since then, the Kurdistan Region has continued its discussions on joint constitutional procedures. In the end, the two sides agreed within the Federal General Budget Law for the year 2021, on the right of the Kurdistan Region to extract, export and sell oil, provided that the federal government be handed over The proceeds from the sale of 250 thousand barrels of the region’s oil, while the two sides had a common understanding to draft a draft federal oil and gas law based on Article 112 of the constitution, which is an indication of the fact that the Kurdistan Region believes in working together with the federal government within the framework of the constitution to establish an oil and gas strategy in all parts of Iraq.”
 
She added, "At a time when all parties had to support system" rel="">support the positive atmosphere between the regional government and the federal government, the Federal Supreme Court today issued a decision that did not take into account the principles of the constitution based on the central laws of the former Baathist regime, which are not consistent with federal principles, and it is the duty of the federal authorities." The abolition of central laws after 2005, including Oil Ministry Law No. 101 in 1976, and for this the Federal Court’s decision included legal and administrative violations, including organizing two different lawsuits without legal basis.”
 
The regional government confirmed that "this decision is unfair, unconstitutional, contrary to the constitutional rights of the Kurdistan Region and unacceptable, and the court should have expanded its investigations and considered the demands of the Kurdistan Region."
 
She indicated that "the Kurdistan Regional Government will not give up the rights of the Kurdistan Region stipulated in the Iraqi constitution, and in this context, the Kurdistan Regional Government will continue its efforts to reach a radical constitutional solution in this regard, despite the demands of the Kurdistan Regional Government to postpone this case and give an opportunity to agree with The new federal government.
 
Oh wait, what, and for the past 19 years, the region drained the blood of Iraq and its balance, and all those who participated in them from among the officials went with the wind and took with it the cover-up and silence over the exploitation! And if he is a Minister of Finance, Oil, Foreign Affairs, a Prime Minister or the Republic... It is enough for each side to see its true size *** The Federal Supreme Court is the constitutional judiciary in Iraq, and it is, with this description, always aims to preserve the legal system from the presence of any inconsistent legislative text The provisions of the constitution, whether in terms of substantive or formal terms, include realization of the principle of legality in the state and the supremacy of the rule of law, with the consequent protection of the rights and freedoms of individuals.
 
        The ruling issued by the Federal Supreme Court is final in the sense that it is not subject to appeal in any other way, and is binding on all individuals and the three authorities of the state, legislative, executive and judicial, whether central or local. For the text of Article (13) of the Iraqi Constitution of 2005, which stipulates that ((First - This constitution is the supreme and supreme law in Iraq and is binding in all parts of it without exception. the regions or any other legal text that contradicts it)) and with the same content came Article (3/a and b) of the Constitution of Iraq for the year 2004 (the Law of Administration for the State of Iraq for the Transitional Period
 
And she concluded her statement by saying, "The Kurdistan Regional Government will take all constitutional, legal and judicial measures to ensure and protect all contracts in the field of oil and gas."
 
An unnecessary challenge... The meaning is that the regional government will force the federal government to do so, because it will destroy the mine that the Kurds have laid in the constitution, and allies and friends can be used to do this, starting with Turkey, Iran, America and Israel, knowing that the Kurds are ready for anything, whatever, regardless of their Iraq And the interest of Iraq because they always declare that they are Kurds and are forced to consider them as Iraqis!!!
 
And earlier on Tuesday, the Federal Court issued a decision “the unconstitutionality of the oil and gas law of the Kurdistan Regional Government, with obligating the regional government to hand over all oil production from oil fields in the Kurdistan Region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and handed it over to the government.” Federal, represented by the Federal Ministry of Oil, and enabling it to use its constitutional powers regarding oil exploration, extraction and export.
 
And that the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale, and to oblige the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the Regional Government regarding the export of oil and gas. And selling it for the purpose of auditing it and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan Region from the federal general budget and not delaying it and notifying the federal government and the Federal Financial Supervision Bureau of that.
 
And the Kurdistan Region began to sell its oil in isolation from the federal government, after a stifling financial crisis as a result of the collapse of oil prices during the ISIS invasion of areas in Iraq, in addition to the disputes with Baghdad that prompted the latter to stop paying the salaries of the region’s employees.
 
Baghdad says its national oil company, SOMO, is the only entity authorized to sell Iraqi crude oil, but each side claims the constitution is on its side. Since the Iraqi oil and gas law remained imprisoned in the drafting stage due to differences, there was room for maneuver.
 
The oil file is one of the most prominent outstanding issues between Baghdad and Erbil.
 
Baghdad used to pay 453 billion Iraqi dinars per month (about $380 million) as salaries to the employees of the Kurdistan Region, but it stopped them after the region conducted the independence referendum on its part, and because of what Baghdad said that the region was not committed to handing over its oil in accordance with the terms of the federal budget.
 
After several rounds of political negotiations, the region was obligated, according to an agreement with the government in Baghdad, to hand over 250 thousand crude barrels per day of crude oil produced from its fields to the state-owned SOMO Company, and hand over the revenues to the federal public treasury
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The Information/Baghdad…
An official newspaper returned, on Thursday, to the Kurdistan Region of Iraq’s refusal to implement the Federal Supreme Court’s decision regarding the export of oil as a “challenge” to the laws and constitution.
And the newspaper quoted in a report in its issue issued today and seen by / the information /, the researcher in political affairs, Hikmat Suleiman, as saying, “The region’s refusal to implement the Federal Court’s decision (a challenge) to laws and constitutions is happening for the first time and we are about to form a majority government,” expecting that Reluctance will affect the formation of the government more than what is present at the moment.”
He added, "The statement of the Sadrist bloc through a press conference that (the decisions of the Federal Court are binding on everyone) is clear that the issue of resolving and implementing the law is a priority over political alliances."
Suleiman suggested that "we will witness a kind of weakening of the resolve of the allies within the majority government, which is another opportunity for those calling for the consensus government to go further with their interlocutors," stressing that "there is no chance now for the majority government." finished/25

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A Kurdish Party Reveals New Ways To Smuggle The Region's Oil

 
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The Information/Sulaymaniyah…
A member of the New Generation Movement, Rebwar Chalabi, revealed, on Thursday, new ways to smuggle the oil of the Kurdistan region of Iraq to Turkish territory, noting that the Kurdish authority parties cannot live without corruption deals.
Chalabi said in a statement to "Al-Maalouma", "The ruling parties cannot live without corruption deals and smuggling operations, because they have lived on this matter for many years."
He added that "there are special ways to smuggle oil through trucks into Turkish territory carried out by influential parties, and although smuggling operations have not stopped during the past years, but after the decision of the Federal Court, they will return with greater force."
And the Federal Court decided earlier that the oil and gas law in the Kurdistan region is unconstitutional, according to which the export of oil by the regional government is prohibited.

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Alia Nassif praises the Federal Court’s decision regarding the region’s oil:

Posted 12 seconds ago
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The Independent/- Representative Alia Nassif described the decision of the Federal Supreme Court to cancel the oil and gas law for the Kurdistan region and to obligate the regional government to hand over oil revenues to Baghdad as a brave decision that restored the right to its rightful place, calling on the Ministry of Oil to follow up the implementation of this decision by the regional government.

Nassif Al-Youm said: "We have always emphasized over and over again that the regional government disposes of Iraq's wealth as it wants, and the oil and gas revenues disappear without benefiting citizens, whether within the region or in the rest of the provinces, and everyone who dares and objects to corruption in the region's oil and gas file accuse him of being chauvinistic and fighting citizens. their livelihoods, while their livelihoods were looted by the mafias of corruption.”

And she indicated: “This brave decision will enable the Federal Oil Ministry to put its hand on the region’s oil file and review and audit all previous contracts, and therefore we call on the Ministry of Oil to follow up on the implementation of all legal procedures resulting from this historic decision, and God suffices the believers in the evil of fighting.”

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Erbil (Kurdistan 24) - The Sovereignty Alliance said that the Federal Court's decision regarding the unconstitutionality of the oil and gas law in the Kurdistan Region came at critical times, pointing at the same time to the need for negotiation between the federal government and the Kurdistan Regional Government.

The Sovereignty Alliance considered, in a statement, the Federal Court's decision that it came at critical times, "complicating the solution of crises and pushing for unknown possibilities."

The statement said that "there is no doubt that the delay of the Federal Court in deciding fundamental issues or resolving some decisions at critical times at the national level would complicate sincere efforts towards resolving crises and pushing the country into unknown possibilities."

The coalition called on both the federal government and the Kurdistan Regional Government to "initiate direct negotiations in order to solve this problem and within specific timelines."

He stressed the need for the House of Representatives to "accelerate the legislation of the oil and gas law in line with the provisions of the constitution and the interest of the people."

B

 

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The Federal Court publishes a notice regarding its decision of the unconstitutionality of the Oil Law...

Posted 23 seconds ago
news source /Tigris channel
iraq-news-810x456.jpg
 
 

Today, Thursday, the Federal Supreme Court published a notice regarding the decision unconstitutional of the oil and gas law for the Kurdistan region.

 

The court said in a statement, “The Federal Supreme Court issued its decision No. (59 / federal / 2012 and unified 110 / federal / 2019) on February 15, 2022, based on the provisions of articles (110, 111, 110, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year.” 2005), especially that the decision issued by a court of the United States of America, based on a claim by the Iraqi Ministry of Oil and the defendant, the Ministry of Natural Resources of the Kurdistan Regional Government, was in favor of the plaintiff.

 

 She added, “The decision was appealed by the Kurdistan Regional Government of Iraq, and the US Court of Appeals issued its decision on December 21, 2015 the Fifth Circuit. The Kurdistan Regional Government submitted this appeal and through its voluntary approval to unload the shipment in Israel, and thus the Kurdistan Regional Government weakened the strength of its argument on the subject of the appeal. The decision ended with (for the aforementioned reasons, we agree to the ministry’s request (the Iraqi Oil Ministry) to reject this appeal).

 

And she continued, "With this, the supreme interest of Iraq and its people requires resolving the case numbered (59 / federal / 2012 and unified 110 / federal / 2019) and issuing the decision according to what is stated in it . "

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Erbil (Kurdistan 24) - Iraqi politician Yahya al-Kubaisi said that the majority of people who are asking for the Iraqi Federal Court's decision on the oil and gas law in the Kurdistan Region did not read it at all, while politician Faiq Sheikh Ali indicated that the court's decision created big problems.

Al-Kubaisi posted on his official Facebook page, "It is clear that there is confusion among many. We are talking about the constitution and its provisions and the decision of the Federal Court that violated those provisions. We do not discuss the way the region's oil administration."

He added, "The lack of distinction between the two matters is a real problem, because it means in practice that the issue is related to our biases and not to the constitutional text and the jurisdiction of the Federal Court."

He said, "I am certain that 99% of those who request the Federal Court's decision have not read it in the first place!"

For his part, Faiq Sheikh Ali said that if the oil and gas law in the Kurdistan Region is unconstitutional, can you "give us the constitutional law."

And Sheikh Ali posted on his Twitter account, "The Federal Court's decision that the oil and gas law in the region is unconstitutional is a waste of the world!"

He added, "Zain.. we understood the law. It is not constitutional. Give us the constitutional law! If you say that it is not yet legislated, ok.. we will tell you: She is the guarantor of the constitution. It has been 17 years old.

On Tuesday, the Federal Supreme Court of Iraq issued a ruling that the oil and gas law in the Kurdistan Regional Government was unconstitutional for violating the federal constitution, amid official condemnation and rejection by the Kurdistan Regional Government and its leaders.

 

 

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Barham Salih calls on Parliament to act immediately to discuss the oil and gas law

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news source /change channel
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The President of the Republic, Barham Salih, called on the House of Representatives to act immediately to discuss the postponed oil and gas bill by enriching its texts or submitting a new bill from the executive authority and approving it without complacency.

Saleh stressed in a statement that the political forces' hesitation for years in approving the oil and gas law contributed to creating problems and crises, and brought the country to this pivotal moment, which is facing its consequences today.
President Saleh stressed the need to form the Federation Council and the legislative chamber that is missing in the existing political system, which Article 65 of the Constitution expressly and binding, as well as the need to establish a public body concerned with guaranteeing rights

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Al-Kalabi praises the decisions of the Federal Court

https://al-iraqinews.com/archives/235380

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Conscious / Baghdad / s. R

Today, Thursday, former MP Yousef Al-Kalabi praised the performance of the Federal Court.

Al-Kalabi said, in a tweet seen by (the Iraqi Media News Agency / INA) , that "the recent decisions of the Federal Court revive the determination of all those who fought for the sake of all the Iraqi people."

He added, "I regret what some are doing of trying to strike and distort the Federal Court for the interests of individuals and parties, and I tell them Iraq is more important and greater than everyone else."

Today, Thursday, the Federal Supreme Court issued a clarification regarding its decision regarding the oil and gas law in the Kurdistan region

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Oil and gas law is vital to the people of Iraq and for peace between the regions. Glad they are torpedoing the current draft because it hasn’t moved them forward and they have been stuck for years. Perhaps a new beginning will be an opportunity to get it right and finally negotiate an agreement both parties can be happy with. 

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Today, Thursday, the President of the Republic, Barham Salih, called on Parliament to "immediate action" to discuss the postponed oil and gas law.
 
AM:11:13:17/02/2022
Saleh said in a statement received by NRT Arabic, a copy of it (February 17, 2022), that working on this law should be through "enriching its texts or presenting a new draft law from the executive authority, and approving it without complacency."
He added, "The political forces' hesitation for years in approving the oil and gas law contributed to creating problems and crises, and brought us to this critical moment where we face its consequences today."
Here is the text of the statement:
"In the name of of Allah the Merciful
The Federal Supreme Court issued a judicial ruling on February 15, 2022 on the management of oil in the Kurdistan region, and while we stress the need to respect judicial decisions and adopt what embodies the spirit of the constitution and responds to the interests of Iraqis of all stripes and components, we stress that the main tasks of the President of the Republic are to protect The Iraqi constitution and its implementation, and the protection of the federal democratic system and its constitutional institutions.
The reluctance of the various political forces over the past decade to pass the oil and gas law that regulates the management of oil and gas resources in all parts of Iraq played a negative role that contributed to creating problems and crises, and led to reaching this critical moment where we face its consequences today.
The critical political situation that our country is going through requires all parties to assume a high responsibility to overcome the current worsening crisis, prevent its deterioration and crack the foundations of the constitutional federal democratic system, including the constitutional rights of the Kurdistan region and its institutions within the framework of the Iraqi state system.
And based on the keenness to overcome the state of affairs and what it may constitute of results that are not in the interest of the country, we see the necessity of launching a serious and urgent dialogue between the federal government and the Kurdistan Regional Government to find realistic mechanisms that guarantee coming up with practical solutions that guarantee what the Federal Court wanted to adopt, and in a manner that guarantees the entitlements Constitutional law for the Kurdistan region and guarantees the aspirations of its citizens and other Iraqis by harnessing the imports to serve the citizens away from corruption, mismanagement and political manipulation. without compromise.
In this context, it must be noted that there are many binding constitutional issues, unfortunately postponed, which, in addition to the oil and gas law, constitute an integrated legal cover that preserves the rights of all and achieves integration in the relationship between the federal government, the regional government, and the governorates that are not organized in a region.
In particular, the law of the Federation Council, the missing legislative chamber in the existing political system, which Article 65 of the Constitution expressly and bindingly stipulates. The establishment of this council was not taken seriously, despite the passage of 17 years since the adoption of the constitution.
Also, Article (105) of the constitution obligates the establishment of a public authority concerned with guaranteeing the rights of the regions and governorates, which has also not seen the light so far, as well as Article (106) of the constitution, which obligates the establishment of a “public authority to monitor the distribution of federal imports” which has not yet been implemented. It will only be activated by the end of 2021 and it still needs more support and powers.
All of these missing links, in addition to the lack of approval of the oil and gas law stipulated in Article 112 of the constitution, contributed to creating an abnormal atmosphere for managing oil wealth in Iraq, including the Kurdistan region. Their duties are to complete the constitutional framework for this relationship, of which the Iraqi people were the victims.
The time has come to consider a national responsibility for the relationship between the federal government and the region, which has led to the citizens of the Kurdistan region being subjected to suffering because of unfortunate and unacceptable austerity measures, such as cuts and delays in the salaries of employees and retirees, and that it is a constitutional duty to secure the living rights of citizens and not accept the involvement of their livelihood in political disputes and turn them into their victims.
On this occasion, we also renew our calls to amend the texts of the constitution, which reality has proven to be inapplicable or responsible for deepening crises, in addition to supplementing and amending the texts regulating the work and formation of the executive and legislative authorities in a manner that makes them protectors and servants of the people and expressive of their free will and independent national decision.
In conclusion, we renew the call for the need to respect the constitutional obligations in the country and to complete the formation of a new government that meets the aspirations of the Iraqis, as the continuation of political debates and the exchange of accusations has become absolutely unacceptable, especially since the country is facing major national challenges and entitlements that do not accept postponement under any pretext.
 
 
 
 
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