Publishes the text of the Federal Court's decision regarding the oil file between the regional center

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(Baghdad Today) publishes the text of the Federal Court's decision regarding the oil file between the regional center

 

557 sweeteners 10/17/2022 10:59

Baghdad today -

Baghdad (Baghdad Today) publishes the text of the Federal Court’s decision regarding lawsuit 59 / federal / 2012 and unified 110 / federal / 2019, where the court was formed to decide on it on 2/15/2022 regarding the oil file between the central governments and the Kurdistan Region.

 

This is the text of the decision published by the Federal Court today: The legal principle of the decision of the Federal Supreme Court No. 59 / Federal / 2012 and its unified 110 / Federal / 2019 1-

 

Principle: (The Federal Supreme Court finds that the federal system in the Republic of Iraq, based on the provisions of Article (116) of the 2005 Constitution, consists of a decentralized capital, regions, governorates and local administrations without prejudice to the unity of Iraq in application of the provisions of Article (116) thereof, and acknowledges The Constitution, upon its entry into force, the Kurdistan Region and its existing authorities as a federal region in accordance with the provisions of Article (117/first) thereof, and the authorities of the regions have the right to exercise legislative, executive and judicial powers in accordance with the provisions of the Constitution, although this does not include the exclusive powers of the federal authorities that may not be exceeded based on the provisions of Article (121/First). (of the constitution).

 

2- Principle: (The Federal Supreme Court finds that the exclusive powers of the federal authorities were determined in accordance with the provisions of Article (110 / first) of the Constitution of the Republic of Iraq for the year 2005, including its exclusive constitutional competence to set the sovereign foreign economic and trade policy, and therefore governorates that are not organized in a region and regions may not In all parts of Iraq, the exercise of these exclusive jurisdictions instead of the federal authorities, otherwise this practice would be contrary to the constitution).

 

3- Principle: (The Federal Supreme Court finds that regulating trade policy across the borders of regions and governorates in Iraq, setting the state’s general budget, and drawing up monetary, fiscal and customs policy are among the exclusive powers of the federal authorities based on the provisions of Article (110/Third) of the Constitution of the Republic of Iraq for the year 2005, and it is not permissible to The regions and governorates that are not organized in a region may regulate trade policy across their borders, and saying otherwise for any reason is considered a violation of the provisions of the Constitution.

 

4- Principle: (Article 111 of the Constitution of the Republic of Iraq of 2005 stipulated that (oil and gas is the property of all the Iraqi people in all regions and governorates), and the Federal Supreme Court finds that the expression of the Iraqi people includes all Iraqis in Iraq, without exception. From north to south and from east to west, regardless of nationality or religion.

 

5- Principle: (The Federal Supreme Court finds: The oil and gas in all parts of Iraq belong to the Iraqi people, and no federal authority or the local authorities of the regions and governorates may exceed that, and the matter requires a fair and equal distribution of oil and gas revenues to all the Iraqi people regardless Disregarding the areas of production, so as not to deprive the people of the non-producing governorates from them).

 

6- Principle: (The Federal Supreme Court finds: that the ownership of oil and gas by all the Iraqi people in the regions and governorates in application of the provisions of Article (111) of the Constitution of the Republic of Iraq for the year 2005, requires his knowledge and knowledge of the amount of its revenues, after which he is the owner of them, in order to determine how they are distributed It is not possible for the owner to be unaware of the proceeds of his property and how they are distributed.

 

7- Principle: (The Federal Supreme Court finds: The management of oil and gas belongs to the federal government in cooperation with the governments of the producing regions and governorates in a manner that secures the distribution of their imports in a manner commensurate with the population distribution in all parts of Iraq, in order to achieve balanced development for the different regions based on the provisions of Article (112 / first) (of the constitution).

 

8- Principle: (The Federal Supreme Court finds: The federal government, in cooperation with the governments of the producing regions and governorates, draws together the strategic policies necessary to develop oil and gas wealth in a way that achieves the highest benefit for the Iraqi people. Provisions of Article (112/Second) of the Constitution of the Republic of Iraq for the year (2005).

 

9- Principle: (The Federal Supreme Court finds: The formulation of strategic policies necessary for the development of oil and gas wealth by the federal government depends on the international and regional economic and trade situation of Iraq, in line with Iraq’s international obligations with other countries and international organizations, including the OPEC oil organization).

 

10- Principle: (The Federal Supreme Court finds: that the powers of the regions and governorates that are not organized in a region are determined in accordance with Article (115) of the Constitution of the Republic of Iraq for the year 2005, which stipulates that (whatever is not stipulated in the exclusive powers of the federal authorities, It is within the jurisdiction of the regions and governorates that are not organized in a region)).

 

11- Principle: (The Federal Supreme Court finds: The administration of the Federal Government of Oil and Gas, represented by the Federal Ministry of Oil, is subject to the provisions of the laws in force, which are still in force based on the provisions of Article (130) of the Constitution of the Republic of Iraq for the year 2005, and the laws subsequently enacted from before the Iraqi Parliament).

 

12- Principle: (The Federal Supreme Court finds: that the federal authorities are competent to draw up the state’s general budget based on the provisions of Article (110/Third) of the Constitution of the Republic of Iraq for the year 2005, and that the failure of the Kurdistan Regional Government to observe the exclusive powers of the federal authorities regarding oil and gas led to Complications between the federal government and the regional government, and this in turn led to the failure to deliver the people of the Kurdistan region’s share of the general budget, which led to the non-delivery of salaries to the employees of the Kurdistan region in full for several years).

 

13- Principle: (The Federal Supreme Court finds: that the laws of the general budget in the Republic of Iraq require the Kurdistan Regional Government to implement the obligations it contains related to the issue of oil and its export, and that the failure of the Kurdistan Regional Government to do so has a negative impact on the standard of living of the citizens of the region).

 

14- Principle: (The Federal Supreme Court finds: The Kurdistan Regional Government’s commitment to the provisions of the Constitution of the Republic of Iraq for the year 2005 and respect for the exclusive powers of the federal authorities, including those related to oil and gas exploration, extraction and export, would enable the citizens of the region to obtain their dues from the total amount of the budget according to the percentages specified by law without commenting on resolving disputes between the federal government and the region, as the people of the region’s governorates should not be affected by those disputes).

 

15- Principle: (The Federal Supreme Court finds: that the Kurdistan Regional Government extracting and exporting oil, contracting with external parties, states and companies, and legislating the oil and gas law of the Kurdistan Regional Government, violates the provisions of Articles 110, 111, 112, 115 and 121 / first of the Constitution of the Republic of Iraq for the year 2005) .

 

16- Principle: (Because of the Kurdistan Regional Government’s violation of the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005, the Federal Supreme Court decided to rule the Kurdistan Regional Government’s Oil and Gas Law No. 22 of 2007 unconstitutional and to cancel it).

 

17- Principle: For the Kurdistan Regional Government’s violation of the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005, the Federal Supreme Court decided to rule obligating the regional government to hand over all oil production from oil fields in the Kurdistan Region and other areas that the Ministry of Wealth established Natural resources in the Kurdistan Regional Government by extracting oil from it and handing 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).

 

18- Principle: (Because of the Kurdistan Regional Government’s violation of the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005, the Federal Supreme Court decided to rule the plaintiff, in addition to his job (the Federal Ministry of Oil), the right to pursue the invalidity of the oil contracts concluded by the Kurdistan Regional Government. Represented by the defendant, the Minister of Natural Resources, with foreign parties, states and companies, regarding oil exploration, extraction, export and sale).

 

19- Principle: For the Kurdistan Regional Government’s violation of the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005, the Federal Supreme Court decided to obligate 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 Government of Iraq. Kurdistan Region 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, provided 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 Kurdistan Region’s governorates from the federal general budget and not to be delayed.

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