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Iraq: A Federal Court decision ignites a new dispute between Baghdad and Erbil


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by Moahmmad Editor Iraq news 2 Hours ago

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The Iraqi Federal Supreme Court will hold three sessions during a week (on January 25, 30, and 31, 2023) to consider three cases filed against the Kurdistan Region, the decision of which has been postponed several times.

The first case concerns the payment of salaries to the employees of the Kurdistan Region, the second is the money collected for the ration card, and the third is related to the extension of the legal term of the Kurdistan Parliament.

The schedule of the sessions of the Iraqi Federal Supreme Court indicates that the court is scheduled to convene on (January 25, 2023) to consider the first case related to the disbursement of funds to support the payment of salaries to employees of the Kurdistan Region, which was filed by a member of the Parliamentary Finance Committee, independent deputy Mustafa Sanad, and the governor of Wasit Muhammad. Al-Mayahi, through which they requested the cancellation of Resolutions No. (8 of 2022 and (401, 257, 226, 194) of 2021 issued by the Iraqi Council of Ministers, which supported the disbursement of 200 billion dinars to the Kurdistan Region.

 

The case bears the number (170 / federal / 2022), and three sessions were held to consider it, the last of which was on the 18th of January.

 

Although the Kurdistan Regional Government received during the year 2022 three payments of the amount of 200 billion dinars, for 12 months, there are problems in the way of disbursing another 400 billion dinars, which the Iraqi Prime Minister Muhammad Shia al-Sudani decided to spend to the Kurdistan Region on December 13.

 

According to the schedule of sessions of the Iraqi Federal Supreme Court, the court is scheduled to convene on (January 30, 2023) to consider the lawsuit related to the funds collected from the ration card, which was filed by the General Company for Foodstuff Trade of the federal government against the Minister of Trade and Industry and the Director General of Trade in the region. Kurdistan, demanding that it hand over the money that was collected from the citizens of the Kurdistan Region for receiving their food ration throughout the period (December 2004-September 30, 2021).

 

The case bears the number (216 / Federal / 2022), and the decision on it was postponed three times, the last of which was on (October 8, 2022).

 

And on (January 24, 2022), the Director General of Trade in the Kurdistan Region, Nawzad Kamel, announced to the Rudaw media network that “the issue of the case has been settled between the Ministry of Trade and Industry in the Kurdistan Region and the Iraqi Federal Ministry of Trade, and no decision (from the court) will be issued regarding it.”

 

And Nawzad Kamel explained that "the agreement between the two sides requires that the money be sent from now on to Baghdad, which pledged to bear the expenses of transportation, shipping and loading of the ration card items, and the payment of wages for workers on it with all expenses."

 

As for the third lawsuit, the Federal Court session is scheduled to be held on (January 31, 2023), it was filed by the head of the New Generation Bloc in the Iraqi Parliament, Sarwa Abdul Wahid, after unifying three lawsuits filed by the former Speaker of the Kurdistan Parliament, Youssef Muhammad, the head of the New Generation Movement, Shaswar Abdul Wahid, and the head of the New Generation Movement. The new generation in the Parliament of Kurdistan Kawa Abdul Qadir.

 

In a statement he made today, Tuesday (January 24, 2023), to the Rudaw Media Network, the legal advisor to the Kurdistan Parliament, Raya Saadi, said: “We, as a team of legal advisors to the Kurdistan Parliament, will attend the session of January 31 of this month to the Federal Court, and consideration of the case has been postponed on the 15th of this month. At our request for the purpose of collecting more evidence and legal grounds to extend the legal term of the Kurdistan Parliament, we have prepared all the evidence and documents.”

 

Weria Saadi explained: “We do not imagine that the (Federal) Court will issue any decisive decision in this case, because the matter needs to collect more evidence, and to conduct more research and scrutiny.”

 

The plaintiff had requested the annulment of Law No. (12) issued on (9 October 2022) by the Kurdistan Parliament, which stipulates extending the term of parliament for one year, on the grounds that it contradicts Articles (5) and (20) of the Iraqi constitution and also violates Article (51) of the Kurdistan Parliament Elections Law No. (1) of 1992.

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The Federal Council cancels the decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region (documents)
 

Baghdad - Nas   

On Wednesday, the Federal Supreme Court issued a ruling in Case No. 170 / Federal / 2022, regarding the transfer of funds to the Kurdistan region.  

 

  

  

And the court’s media stated in a statement, which “NAS” received a copy of, (January 25, 2023), that “the court decided to rule that the decisions issued by the Council of Ministers No. (194) on 6/15/2021 and (226) on 6/6 are not valid.” 7/2021, (257) on 3/8/2021, (335) on 9/22/2021, (401) on 11/2/2021, and (8) on 11/1/2022) are absolutely and binding on all authorities based on To the provisions of Articles (93/ Third and 94) of the Constitution of the Republic of Iraq for the year 2005 and Articles (4/ Third and 5/ Second) of the Federal Supreme Court Law No. (30) of 2005 amended by Law No. (25) of 2021, and I understand publicly.  

  

Click here to see the details of the ruling:  

  

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{Politics: Al-Furat News} Independent MP Mustafa Sanad announced that the Federal Supreme Court issued a decision today, Wednesday, to cancel all decisions of the Council of Ministers in transferring funds to the Kurdistan region, and "considering it as a violation of the law and the articles of the constitution."

Sanad said in a video clip broadcast from inside the court that "the decision was issued based on the lawsuit he filed before the Federal Court."

 

 

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money and business
   

Economy News-Baghdad
Representative Mustafa Sanad announced, on Wednesday, the issuance of a judicial decision to cancel the funds granted by the government to the Kurdistan region.

Sanad said, in a videotape seen by Al-Eqtisad News, that "the Federal Supreme Court issued a decision to annul all decisions of the Council of Ministers in transferring money to the Kurdistan region and consider it a violation of the law and the articles of the constitution."

He explained that "the decision was issued based on the lawsuit that I filed before the Federal Court."

 

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Added 01/25/2023 - 1:20 PM
Updated 01/25/2023 - 4:45 PM
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The Federal Court has confirmed the text of the Federal Supreme Court's decision to annul all decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region.

 

And a statement by the Federal Court stated, “The court decided to rule that the decisions issued by the Council of Ministers No. (194) on 6/15/2021 and (226) on 7/6/2021 and (257) on 8/3/2021 are not valid.” (335) on 9/22/2021, (401) on 11/2/2021, and (8) on 1/11/2022) a final and binding ruling for all authorities.

The statement added, “This came based on the provisions of Articles (93/ Third and 94) of the Constitution of the Republic of Iraq for the year 2005 and Articles (4/ Third and 5/ Second) of the Federal Supreme Court Law No. (30) for the year 2005 amended by Law No. (25) for the year 2021 and I understand publicly.”

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byMoahmmad Editor Iraq news 1 Hour ago

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Today, Wednesday, the Supreme Federal Court issued a ruling annulling all decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region.

A judicial source said: “The Federal Supreme Court issued a decision to cancel all decisions of the Council of Ministers in transferring money to the Kurdistan region, as it is a violation of the law and the articles of the constitution.”

He added, "The decision was issued based on a lawsuit previously filed before the Federal Court."

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The Federal Court decides to cancel all decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region in violation of the law

January 25, 2023

Baghdad / Obelisk: The Federal Court decided, on Wednesday, January 25, 2023, to annul all decisions of the Council of Ministers regarding transferring funds to the Kurdistan region in violation of the law.

The head of the Kurdistan Regional Government, Masrour Barzani, said that the Iraqi government did not send the region's dues, while indicating that it would continue to seek a solution to outstanding problems with the federal government.

He added that the federal government did not send from the amount allocated to complete salary financing, amounting to 200 billion dinars, except for a few months, and there was an active effort externally and internally to impede the work of the Kurdistan government, but the latter was able to overcome these crises to a large extent, through its plans and government program. and its fixes.

He added that within the framework of our policy aimed at resolving outstanding problems and preserving our constitutional rights and entitlements, we have done our best to solve problems with the central government, and the regional government delegation has always visited Baghdad in pursuit of dialogue and a solution under the constitution, and our efforts are still continuing.

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'Legislation will be complicated'

Expert explains the relationship between the cancellation of the decisions of the Council of Ministers on the transfer of funds to the region and the 2023 budget

Expert explains the relationship between the cancellation of the decisions of the Council of Ministers on the transfer of funds to the region and the 2023 budget

 

 

Baghdad – Nas  

Nabil al-Marsoumi, a professor of economics at the University of Basra, explained on Wednesday that the Federal Court canceled the decisions of the Council of Ministers to transfer funds to the Kurdistan region, while describing the decision as "complicating the legislation of the 2023 budget."  

  

 

  

"Today, Wednesday, the Federal Supreme Court issued a ruling annulling all decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region as they are contrary to the law and the articles of the constitution, and the decision was issued based on a lawsuit previously filed before the Federal Court by MP Mustafa Sanad," Al-Marsoumi said in a post followed by "NAS" (January 25, 2023).  

  

He added, "This decision would undermine one of the important pillars of the 2023 budget, which is likely to indicate the region's commitment to oil production at a rate of 400,000 barrels per day, excluding the quantities necessary to cover production, transportation, operation and domestic consumption expenses, and then the Kurdistan region receives its share of the budget while the management of the oil file in the region and its revenues remain in the hands of the region, which violates the decision of the Federal Court issued in February 2022, which stipulates the transfer of the oil file, contracts and revenues. to the central government, while today's Federal Court decision reinforced the previous decision of the illegality of oil and gas activity in the region and the illegality of transferring funds to Kurdistan."  

  

On Wednesday, the Federal Supreme Court issued a ruling in the lawsuit numbered 170 / Federal / 2022, related to the transfer of funds to the Kurdistan region.  

  

The court's media stated in a statement received by NAS (January 25, 2023), that "the court decided to rule the invalidity of the decisions issued by the Council of Ministers numbered ((194) on 15/6/2021, (226) on 6/7/2021, (257) on 3/8/2021, (335) on 22/9/2021, (401) on 2/11/2021 and (8) on 11/1/2022) as a final and binding judgment for all authorities based on the provisions of Articles (93/III and 94) of the Constitution of the Republic of Iraq of 2005 and Articles (4/III and 5/II) of the Law Federal Supreme Court No. (30) of 2005 as amended by Law No. (25) of 2021 and I understand publicly."   

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Kurdish leader: The Federal Court's action regarding the region's funds is a "political decision"

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Baghdad today - Erbil

Today, Wednesday, the former representative of the Kurdistan Democratic Party, Dana Jaza, described the decision of the Federal Court regarding the cancellation of the decisions of the Council of Ministers to send money to the Kurdistan region, as a "political decision."

Jaza said in an interview with "Baghdad Today", "The Federal Court's decision regarding the illegality of sending money to the region is a political decision."

He added, "Unfortunately, in the recent period, a number of Federal Court decisions have become political decisions, and they target every development in the relationship between the federal government and the Kurdistan Regional Government."

 

 

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The federation cancels all cabinet decisions regarding the transfer of funds to Kurdistan

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Baghdad today - Baghdad

Today, Wednesday, the Supreme Federal Court issued a decision annulling all decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region.
And the court’s media stated, in a statement received by (Baghdad Today), that “the court decided to rule that the decisions issued by the Council of Ministers No. (194) on 6/15/2021 and (226) on 7/6/2021 and (257) on 3/8/2021 and (335) on 9/22/2021 and (401) on 11/2/2021 and (8) on 1/11/2022) absolutely and binding on all authorities based on the provisions of Articles (93/ Third and 94). ) of the Constitution of the Republic of Iraq for the year 2005 and Articles (4 / Third and 5 / Second) of the Federal Supreme Court Law No. (30) of 2005 amended by Law No. (25) of 2021 and I understand publicly.

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An economist commenting on the decision of the Federal Supreme Court regarding the payment of money to Kurdistan: the legislation of the budget law will be held

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Baghdad - Iraq today:

On Wednesday, Professor of Economics at the University of Basra, Nabil Al-Marsoumi, explained that the Federal Court canceled the decisions of the Council of Ministers regarding the transfer of funds to the Kurdistan region, while he described the decision as “comlicating the legislation of the 2023 budget.”

"Today, Wednesday, the Federal Supreme Court issued a ruling annulling all cabinet decisions related to transferring funds to the Kurdistan region as a violation of the law and the articles of the constitution. The decision was issued based on a lawsuit previously filed before the Federal Court by Representative Mustafa Sanad," Al-Marsoumi said in a blog post.

He added, “This decision would undermine one of the important pillars of the 2023 budget, which is likely to refer to the region’s commitment to oil production at a rate of 400,000 barrels per day, excluding the quantities needed to cover production, transportation, operation and local consumption expenses, and then the Kurdistan region will receive its share of the budget.” With the management of the oil file in the region and its revenues remaining in the hands of the region, which contradicts the Federal Court’s decision issued in February 2022, which stipulates the transfer of the oil file, contracts, and revenues to the central government, while the Federal Court’s decision today reinforced the previous decision of the illegality of oil and gas activity in the region and the illegality of transferring money to Kurdistan.”

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3 minutes ago, 6ly410 said:

 

Here we go again. I have always felt that Baghdad & Erbil issues need resolved prior to what we all seek. As well as the oil & gas law that has been a pretty hot topic for awhile now. These clowns are known for saying agreements have been made or it has been resolved.....blah blah blah. It is not final until we can see the evidence in the hopefully soon to be budget, etc. Imo

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Iraq: A Federal Court decision ignites a new dispute between Baghdad and Erbil

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Iraq: A Federal Court decision ignites a new dispute between Baghdad and Erbil

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Today, Wednesday, the Supreme Federal Court in Iraq issued a ruling stipulating the annulment of all decisions regarding the transfer of funds by the government in Baghdad to the Kurdistan region, while the leader of the Kurdistan Democratic Party, Masoud Barzani , attacked the court’s decision, describing it as “aggression,” and likened the Federal Court to a “court.” Revolution" that was during the regime of the late President Saddam Hussein .

The court justified its decision that the procedure is contrary to the law, based on a lawsuit filed by the representative of the " Coordination Framework ", Mustafa Jabbar Sanad.

Sanad said, in a press conference held in the building of the Iraqi Parliament: “I won the lawsuit that I filed against the Council of Ministers related to transferring funds to the Kurdistan region with the aim of financing the monthly salaries of employees and workers in the public sector there, and a decision was issued to cancel all decisions related to transferring funds in violation of the law.” contrary to the constitution."

The representative of the coordination framework added that "the decision of the Federal Court will be a standard and legal reference for all subsequent governments, including the current government, regarding the unconstitutionality of transferring funds to the region."

The Federal Supreme Court in Baghdad said, in a statement, that "the court decided to rule that the decisions issued by the Council of Ministers, on 6/15/2021 and beyond," are invalid, considering the ruling "conclusive and binding on all authorities, based on the provisions of Articles (93/Third). And 94) of the Constitution of the Republic of Iraq for the year 2005 and Articles (4 / Third and 5 / Second) of the Federal Supreme Court Law No. (30) of 2005 amended by Law No. (25) of 2021 and I understand publicly.

The previous government had decided to send payments from the salaries of the region's employees, to be deducted later from the state's financial budget funds, but the failure to reach an agreement regarding oil export revenues from the Kurdistan region of Iraq caused the region not to send oil revenue dues to Baghdad, which it considered The court is a legal violation committed by the government.

For his part, the leader of the Kurdistan Democratic Party, Massoud Barzani, said in a statement, in response to the federal decision, "It is unfortunate that the Iraqi Federal Court has once again shown another hostile stance against the Kurdistan region, and prevented the sending of the money to the region that was to be sent from the federal government to the region." Kurdistan".

Barzani added, "From here, the intent is not the amount of money. Rather, the main problem is the violation of rights and principles. Everyone knows that our participation in the State Administration Alliance and the formation of the new Iraqi government was based on a clear and detailed program agreed upon by all parties."

And he indicated that "securing some financial rights for the Kurdistan region is a legitimate right, and it was part of this program and it was agreed upon, so the Federal Court's decision today, before it was against the Kurdistan region, is contrary to the political process, against the Iraqi government, and against the program of the state administration coalition." Himself".

And the leader of the Kurdistan Democratic Party continued, "It is surprising that whenever a positive atmosphere prevails between the region and Baghdad and the opportunity arises to address problems, the Federal Court immediately destabilizes this opportunity and aborts the opportunity by issuing a hostile decision and has become a reason for complicating disputes, and it seems that it is implementing a suspicious agenda and replacing a court." revolution under the previous regime.

He concluded his statement by saying: "From here, I call on the Iraqi government and all parties participating in the state administration coalition to express their position regarding this breach and hostility practiced by the Federal Court against the interests of Iraq and the Kurdistan region."

On the other hand, political analyst Ali al-Baydar said in a tweet on Twitter, "The Federal Court's decision to cancel all cabinet decisions to transfer funds to the Kurdistan region will create a new crisis affecting the government's work, and everyone is indispensable after a period of relative stability in the country." And the most affected by it are the citizens of the region, who must be kept away from any political crisis.”

 

This is happening at a time when a new delegation from the regional government is supposed to arrive in Baghdad next week to complete the talks on the outstanding issues between the two parties. The head of the regional government, Masrour Barzani, visited Baghdad last week, accompanied by a high-ranking delegation from his government, and discussed with Iraqi officials the differences and outstanding issues between Erbil and Baghdad.

This was preceded by discussions that Barzani held in Baghdad, last November, with Al-Sudani and other Iraqi leaders and political parties regarding the outstanding issues between the region and Baghdad and border control.

The Kurds hope to resolve the outstanding problems with Baghdad, especially after they put several conditions on the "coordinating framework" alliance, in exchange for accepting to vote on the government of Muhammad Shia' al-Sudani , and the "framework" has promised to solve these problems.

The outstanding files between Baghdad and Erbil are among the most prominent problems faced by successive Iraqi governments, and among the most important of those files that need dialogue and common understandings are the salaries of the employees of the Kurdistan region of Iraq, security coordination in the disputed areas, and agreement on a mechanism for exporting oil from the fields of the region.

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Kurdistan Regional Government: The Federal Court's decision is "unfair" and coincided with an agreement to solve problems

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2023-01-25T19:26:44.000000Z
 

 

 

Kurdistan Regional Government: Federal Court decision "unfair" and coincided with an agreement to solve problems

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Kurdistan Government: Federal Court decision is not only against the region, but against the new government

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Kurdistan Government: Federal Court decision is not only against the region, but against the new government
 

 

*Statement issued by the Kurdistan Regional Government on the decision of the Federal Court*


The Federal Court renewed once again, unfortunately, today, its hostility to the rights of the citizens of the Kurdistan Region and their constitutional financial dues. This new position of this court represents an affirmation of the continuation of its unjust and hostile policy towards the Kurdistan Region, and at a time when there is a positive atmosphere and rapprochement between the regional government and the federal government to reach an agreement and solve problems under the umbrella of the constitution, it is regrettable that the court today, instead of supporting this positive atmosphere, prevented the federal government, by an arbitrary and hostile decision against the people of Kurdistan, from sending the amounts that were supposed to be sent to the Kurdistan Region.
The KRG has sent delegations to Baghdad several times, and the recent visit resulted in fruitful discussions, with both sides expressing their goodwill in resolving problems under the constitution and the program agreed upon by the parties.
The Kurdistan Region is a constitutional federal region, and these decisions are a flagrant and clear violation of the Iraqi constitution. It also contradicts the agreement of the state administration forces that formed the new government, and violates the ministerial curriculum approved by the House of Representatives, whose paragraphs clearly spoke of "avoiding any escalatory measures." Therefore, we consider the decision of the Federal Court a decision not only against the Kurdistan Region, but also against the new Iraqi government and the parties that formed it, and it must take a clear and explicit position towards the decisions and hostile behavior of the Federal Court. As stated in the Iraqi government's ministerial platform, all parties involved in the agreement must pass the Federal Court Law within six months, because under this current court, which was not established within the framework of the constitution, there is no chance of solving problems, and they will not happen.
The Kurdistan Region respects the Constitution and the laws and courts that enjoy legitimacy, but this court was not formed and organized in accordance with the Constitution, and it cannot decide decisions as a federal court, and therefore we reject its decisions, and we call on the federal government not to submit to this decision, and to fulfill the promises it made to send financial dues to the Kurdistan Region.


Kurdistan
Regional Government 25/1/2023
*Statement issued by the Kurdistan Regional Government on the ment 25/1/2023

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The Kurdistan government issues an angry statement on the Federal Court's decision and invites Baghdad

  • Time: 01/25/2023 22:30:54
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The Kurdistan government issues an angry statement on the Federal Court's decision and invites Baghdad
  
{Politics: Al Furat News} The Kurdistan Regional Government issued an angry statement regarding the Federal Supreme Court's decision to prevent the federal government from sending money to the region.

And the regional government said in its statement: "The Federal Court renewed again today, unfortunately, its hostility to the rights of the citizens of the Kurdistan Region and their constitutional financial entitlements. This new position of this court represents confirmation of the continuation of its unfair and hostile policy towards the Kurdistan Region, and at a time when there is a positive atmosphere and rapprochement." between the regional government and the federal government to reach an agreement and solve problems under the umbrella of the constitution, but what is unfortunate is that the court today, instead of supporting this positive atmosphere, prevented the federal government, by an arbitrary decision hostile to the people of Kurdistan, from sending the sums that were supposed to be sent to the Kurdistan Region ".

He added, "The Kurdistan Regional Government has sent delegations to Baghdad several times, and the last visit resulted in fruitful discussions, as the two sides expressed their good intention to solve problems according to the constitution and the program agreed upon by the parties."

The statement indicated that "the Kurdistan Region is a constitutional federal region, and these decisions are a flagrant and clear violation of the Iraqi constitution. They also contradict the agreement of the state administration forces that formed the new government, and contradict the ministerial curriculum approved by the Parliament, whose paragraphs clearly spoke about (avoiding any escalatory measures). Therefore, we consider the decision of the Federal Court as a decision not only against the Kurdistan Region, but also against the new Iraqi government and the parties that formed it, and it must take a clear and frank stance towards the decisions and hostile behavior pursued by the Federal Court.As stated in the ministerial platform of the Iraqi government, all parties must Participate in the agreement, issuing the Federal Court Law within six months, because under this current court, which was not established within the framework of the constitution, there is no opportunity to solve the problems, and it will not happen.

He stressed that "the Kurdistan Region respects the constitution and the laws and courts that enjoy legitimacy, but this court was not formed and organized in accordance with the constitution, and it cannot decide on decisions as a federal court, and therefore we reject its decisions, and we call on the federal government not to submit to this decision, and to fulfill the promises it made by sending Financial dues to the Kurdistan Region.

And the independent MP, Mustafa Sanad, announced today that the Federal Supreme Court issued a decision to annul all decisions of the Council of Ministers in transferring funds to the Kurdistan region and consider it a violation of the law and the articles of the constitution,” noting that “the decision was issued based on the lawsuit he filed before the Federal Court.”

https://alforatnews.iq/news/حكومة-كردستان-تصدر-بياناً-غاضباً-بشأن-قرار-المحكمة-الإتحادية-وتوجه-دعوة-لبغداد

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Kurdistan Regional Government rejects federal decisions: unconstitutional court!

Kurdistan Regional Government rejects federal decisions: unconstitutional court!
 

*Statement issued by the Kurdistan Regional Government on the decision of the Federal Court*  

Today, the Federal Court regrettably once again reiterated its hostility to the rights of the citizens of the Kurdistan Region and their constitutional financial entitlements. This new position of this court represents an affirmation of the continuation of its unjust and hostile policy towards the Kurdistan Region, and at a time when there is a positive atmosphere and rapprochement between the regional government and the federal government to reach an agreement and solve problems under the umbrella of the constitution, it is regrettable that the court today, instead of supporting this positive atmosphere, prevented the federal government, by an arbitrary and hostile decision against the people of Kurdistan, from sending the amounts that were supposed to be sent to the Kurdistan Region.  


The KRG has sent delegations to Baghdad several times, and the recent visit resulted in fruitful discussions, with both sides expressing their goodwill in resolving problems under the constitution and the program agreed upon by the parties.  


The Kurdistan Region is a constitutional federal region, and these decisions are a flagrant and clear violation of the Iraqi constitution. It also contradicts the agreement of the state administration forces that formed the new government, and violates the ministerial curriculum approved by the House of Representatives, whose paragraphs clearly spoke of "avoiding any escalatory measures." Therefore, we consider the decision of the Federal Court a decision not only against the Kurdistan Region, but also against the new Iraqi government and the parties that formed it, and it must take a clear and explicit position towards the decisions and hostile behavior of the Federal Court.  

  

As stated in the Iraqi government's ministerial platform, all parties involved in the agreement must pass the Federal Court Law within six months, because under this current court, which was not established within the framework of the constitution, there is no chance of solving problems, and they will not happen.  


The Kurdistan Region respects the Constitution and the laws and courts that enjoy legitimacy, but this court was not formed and organized in accordance with the Constitution, and it cannot decide decisions as a federal court, and therefore we reject its decisions, and we call on the federal government not to submit to this decision, and to fulfill the promises it made to send financial dues to the Kurdistan Region.  

  

Kurdistan
Regional Government 25/1/2023
  

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Undersecretary of the Ministry of Finance objects to the decision of the Federation: It will not serve political stability

Undersecretary of the Ministry of Finance objects to the decision of the Federation: It will not serve political stability

 

  

Baghdad - Nas  

Massoud Haidar, Undersecretary of the Federal Ministry of Finance, commented on Wednesday on the decision of the Federal Court, which annulled the decisions of the Council of Ministers regarding the sending of funds to the Kurdistan region.   

  

 

  

  

Haidar said in a post followed by "Nas" (January 25, 2023), that "the decision of the Federal Court does not serve the political stability in the country, and keeps Iraqis in the vortex of internal disputes that harm everyone, and distracts the efforts of the government of Mr. Sudani."  

  

He added that "to ensure stability and provide services to all Iraqis, it also deprives the employees of the Kurdistan region of their constitutional rights to receive their salaries."  

me_ga.php?id=44784  

On Wednesday, the head of the Kurdistan Democratic Party, Massoud Barzani, suspended the decision of the Federal Court to annul the decisions of the Council of Ministers concerning the sending of funds to the Kurdistan region.  

  

Barzani said in a letter commenting on the court's decision, a copy of which was received by "Nas", (January 25, 2023), "The intention is not the amount of money, but that the main problem is the violation of rights and principles," noting that "the decision of the Federal Court today, before it was against the Kurdistan Region, violates the political process, against the Iraqi government and against the program of the State Administration Alliance itself."   

  

He called on the Iraqi government and all parties involved in the State Administration Coalition to "express their position on this breach and hostility".   

  

The letter reads as follows:  

  

In the name of God the most Merciful, the most Compassionate   

  

It is unfortunate that the Iraqi Federal Court once again showed another hostile stance against the Kurdistan Region, preventing the sending of money to the Region that was to be sent by the Federal Government to the Kurdistan Region.   

  

Hence, the intention is not the amount of money, but that the main problem is the violation of rights and principles, as everyone knows that our participation in the coalition of state administration and the formation of the new Iraqi government was based on a clear and detailed program agreed upon by all parties.   

  

Securing some financial rights for the Kurdistan Region, which is a legitimate right of the people of Kurdistan, was part of this program and was agreed, so the decision of the Federal Court today, before it was against the Kurdistan Region, is contrary to the political process and against the Iraqi government and against the program of the State Administration Alliance itself.   

  

It is surprising that whenever a positive atmosphere prevails between the region and Baghdad and the opportunity arises to address the problems, the Federal Court immediately destabilizes this opportunity and aborts the opportunity by issuing a hostile decision and has become a reason for complicating differences, and it seems to be implementing a dubious agenda and replacing the Revolutionary Court of the former regime.   

  

I call on the Iraqi government and all parties involved in the State Administration Coalition to express their position on this violation and hostility practiced by the Federal Court against the interests of Iraq and the Kurdistan Region.   

  

Earlier, the Federal Supreme Court issued a ruling in the lawsuit numbered 170 / Federal / 2022, regarding the transfer of funds to the Kurdistan Region.  

  

The court's media stated in a statement received by NAS (January 25, 2023), that "the court decided to rule the invalidity of the decisions issued by the Council of Ministers numbered ((194) on 15/6/2021, (226) on 6/7/2021, (257) on 3/8/2021, (335) on 22/9/2021, (401) on 2/11/2021 and (8) on 11/1/2022) as a final and binding judgment for all authorities based on the provisions of Articles (93/III and 94) of the Constitution of the Republic of Iraq of 2005 and Articles (4/III and 5/II) of the Law Federal Supreme Court No. (30) of 2005 as amended by Law No. (25) of 2021 and I understand publicly."   

  

 

  

  

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Kurdistan Government: Federal Court decision "unfair" and flagrant violation of the Constitution

| Policy Today, 22:36 | 

    
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Baghdad Today - Baghdad

On Wednesday, the Kurdistan Regional Government issued a statement regarding the Federal Court's decision to cancel the transfer of funds to it, and in what it described the decision as "unjust", it stressed that it is "a flagrant violation of the Iraqi constitution."

The government said in its statement received by (Baghdad Today) that "the Federal Court renewed again today, unfortunately, its hostility to the rights of the citizens of the Kurdistan region and their constitutional financial dues, and this new position of this court represents an affirmation of the continuation of its unjust and hostile policy towards the Kurdistan region, and at a time when there is a positive atmosphere and rapprochement between the regional government and the federal government to reach an agreement and solve problems under the umbrella of the constitution, but what is regrettable is that the court today, instead of supporting this positive atmosphere, prevented "The federal government, arbitrarily and hostile to the people of Kurdistan, from sending the sums that were supposed to be sent to the Kurdistan Region."

 "The KRG has sent delegations to Baghdad several times, and the recent visit resulted in fruitful discussions, with both sides expressing their goodwill in solving problems under the constitution and the program agreed upon by the parties," she said.

 She stressed that "the Kurdistan region is a constitutional federal region, and these decisions are a flagrant and clear violation of the Iraqi constitution, as well as contradict the agreement of the state administration forces that formed the new government, and contradict the ministerial curriculum approved by the Council of Representatives, whose paragraphs clearly talked about (avoiding any escalatory measures), so we prepare the decision of the Federal Court as a decision not only against the Kurdistan region, but against the new Iraqi government and the parties that formed it," demanding "to take a clear and frank position towards the decisions and hostile behavior pursued by the Federal Court, As stated in the Iraqi government's ministerial curriculum, all parties involved in the agreement must issue the Federal Court Law within six months, because under this current court, which was not established within the framework of the constitution, there is no chance of solving the problems, and it will not happen."

"The Kurdistan region respects the constitution and the laws and courts that enjoy legitimacy, but this court was not formed and organized in accordance with the constitution, and it cannot decide on decisions as a federal court, and therefore we reject its decisions, and we call on the federal government not to submit to this decision, and to fulfill the promises it made to send financial dues to the Kurdistan region," she said.

Earlier, the Federal Supreme Court in Iraq issued a ruling annulling all decisions regarding the transfer of funds by the Baghdad government to the Kurdistan region.

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