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

[tigergorzow]

DV,  Massoud Barzani & His Family is the main obstacle for the Federal Government & KRG to progress for the "Budget And Oil & Gas Law" to be approved and finalized.  The Federal Supreme Court has ruled the Oil in the Region belongs to all Iraq not just Kurdistan and must be turned over to the Federal Government.  The Greed of the Barzani's do not want to let go of their Oil.  JMHO...👍

[6ly410]

Shakhwan Abdullah calls on political forces to state a clear position on the decision of the Federal Court

 

Rudaw Digital

 

The Deputy Speaker of the House of Representatives, Shakhwan Abdullah, called on "national political forces and partners in the homeland" to state a "clear position" on the Federal Court's decision to prevent the sending of the dues of the Kurdistan Region.

 

Shakhwan Abdullah said in a statement today, Friday (January 27, 2023), that "the party that directed the Minister of Finance not to implement the decision of the Council of Ministers related to sending 400 billion dinars as the dues of the people of Kurdistan, is the same one that ordered a deputy to sign a lawsuit against the dues of the Kurdistan Region and submit it in his name without reading its content."

 

The Federal Court decided today to rule that "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" were invalid, which were related to sending one trillion and three billion dinars (200 billion dinars per month for 5 months, and 3 billion dinars to compensate those affected by the floods), as they were "contrary to the constitution".

 

Shakhwan Abdullah added that the party "is the same one that ordered the Federal Court to take its decision to accept the lawsuit and prevent the dispatch of the region's dues without any right", and it is the same party that caused the rise in dollar exchange rates by smuggling them out of the country.

 

"The same party, whenever the national forces and components of the Iraqi people converge and unite their visions, they feel the danger and threaten their interests, so they seek to destabilize and work to create problems and crises and target the national interests that bring together the components of the people," he said.

 

The statement reads as follows:

 

"The party that directed the Minister of Finance not to implement the decision of the Council of Ministers related to sending 400 billion dinars as dues to the people of Kurdistan, is the same one that ordered a deputy to sign a lawsuit against the dues of the Kurdistan Region and submit it in his name without reading its content.

 

It is the same one that ordered the Federal Court to make its decision to accept the lawsuit and prevent the sending of the territorial dues without any right.

 

It is the same thing that caused the rise in the exchange rate of the dollar by smuggling it out of the country.

 

Unfortunately, this is the same body that ordered the Federal Court to issue a decision against the draft oil and gas law in the Kurdistan Region.

 

The same party, whenever the national forces and components of the Iraqi people converge and unite their vision, they feel the danger and threaten their interests, so they seek to destabilize and work to create problems and crises and target the national interests that bring together the components of the people.

 

The strange thing about all this is that the tools of this body are part of the State Administration Alliance.

 

History has witnessed all the ruling regimes in Iraq and for decades, including the Revolutionary Courts, they fell as a result of their aggression and their violation of the constitutional and legitimate rights of the people of Kurdistan.

 

We hope very much that the national political forces and our partners in the homeland will show their clear position to prevent such violations against the people of Kurdistan.

 

No matter how hard they try, the mountains of Kurdistan, its leadership and its people will remain tall and steadfast in the face of any aggression.

 

Dr. Shakhowan Abdullah

 

Deputy Speaker of the House of Representatives".

 

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[6ly410]

KDP on the decision of the federation: contrary to the agreements of "state administration"

 

policy |Today, 15:21 |

    https://baghdadtoday-news.translate.goog/211388-الديمقراطي-الكردستاني-عن-قرار-الإتحادية-مخالف-لاتفاقات-إدارة-الدولة.html?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en

 

 

Baghdad today - Baghdad 

Today, Saturday, the Kurdistan Democratic Party bloc issued a statement regarding the recent decision of the Federal Court, while noting that it is contrary to the "state administration" agreements.

A statement by the bloc, which was received by (Baghdad Today), stated that "the Kurdistan Democratic Bloc expresses its deep regret at the recent decision of the Federal Court to prevent the payment of financial dues to the Kurdistan region, as we have been and still are calling for all state institutions, including the judiciary, to be factors of rapprochement and understanding in order to support political stability. in the country". 

The statement added, "The Federal Court is also supposed to take into account the difficult political conditions that have passed through the country, and to support the understandings, commitments, and positive environment between the federal government and the regional government, with a decision that takes into account the rights of all components and the spirit of the constitution and justice, and not to be a decision in form and content that targets the livelihood of our citizens.” in the Kurdistan region. 

And the statement continued, "The new government was formed with the support of the political forces affiliated with the State Administration Coalition and in accordance with understandings and commitments based on the principle of confirming coordination between the federal government and the regional government on files and decisions." that concern the Kurdistan region, avoiding any escalatory measures against the region, and that constitutional legislative remedies be put in place with regard to With the budget, oil, Article 140, and others, however, this last decision was contrary to those understandings and commitments , which constitutes a dangerous turning point for the entire political process. 

He pointed out that "it has become imperative for all of us to work to correct the course, and we call on all political forces to unify positions to support the commitments agreed upon in the political working paper and the ministerial curriculum, and to reject the starvation policy practiced against our citizens in the Kurdistan region.” 

The bloc also called for "accelerating the legislation of the oil and gas law, the law of the Federal Court and the Federation Council, as stated in the constitution, and we assure the citizens of Kurdistan that we will defend their legitimate rights and the entitlements of the region under the roof of the constitution,” according to the statement.  

Editing: A.G 

 

 

[6ly410]

Kurdistan Democratic Bloc: No boycott of the political process and we believe in resolving the crisis of the Federal Court's decision

Kurdistan Democratic Bloc: No boycott of the political process and we believe in resolving the crisis of the Federal Court's decision (shafaq.com)

2023-01-28 03:59

 

Shafaq News / A deputy of the Kurdistan Democratic Bloc in the Iraqi parliament, on Saturday, described the decision of the Federal Court of the unconstitutionality of sending funds to the Kurdistan Region as "politically beneficial and cutting off the livelihood of the people of the region," stressing at the same time that the Democratic Party has not boycotted "so far" the political process in Iraq because it believes in the possibility of resolving this matter through dialogue.

MP for the bloc Sherif Suleiman said in an interview with Shafaq News Agency that "the decision issued by the Federal Court is unfair, and cut off the livelihood of the people of the region, and contains a political side, and against the political process, and torpedoes the political document concluded between the political blocs in the coalition of state administration."

"However, we see that there are solutions, we believe in dialogue, and the KDP has no boycott of the House of Representatives or the political process at the moment," he said.

"We in the KDP are waiting for the reactions of the brothers and political partners in the State Administration Coalition, and we call on them to abide by the political document that led to the formation of the current government," the MP said.

Yesterday, Friday, January 27, 2023, the Second Deputy Speaker of the House of Representatives, Shakha Wan Abdullah, accused an "unnamed" party with representation in the State Administration Alliance of instructing the Minister of Finance not to send the dues of the Kurdistan Region amounting to 400 billion dinars, and between that she was the one who "ordered" a deputy to sign a lawsuit against the region, he stressed that this party is the one who causes the rise in dollar prices and smuggled it abroad.

Kurdish citizens expressed their dissatisfaction with the decision of the Iraqi Federal Court to prevent the sending of monthly amounts of salaries to the employees of the Kurdistan Region, calling it "unfair and unfair."

On Wednesday, January 25, 2023, the President of the Kurdistan Region, Nechirvan Barzani, promised the Federal Court's decision that the Iraqi government illegally sent the salaries of the region's employees unfairly, pointing out that this decision targets the political process and the political agreement on which the new Iraqi government was formed.

 

On Wednesday, January 25, 2023, the Federal Supreme Court ruled that it is unconstitutional for the Federal Council of Ministers to send sums of money to finance the monthly salaries of employees and workers in the public sector in the Kurdistan Region.

 

The Kurdistan Regional Government promised the decision as "unjust", a flagrant violation of the constitution and contrary to the agreement to form the Iraqi government, while calling 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.

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The Kurdistan Democratic Bloc strongly condemns the decision of the Federal Court and calls for the speedy adoption of the oil and gas law

The Kurdistan Democratic Bloc strongly condemns the decision of the Federal Court and calls for the speedy adoption of the oil and gas law (shafaq.com)

2023-01-28 05:07

 

 

Shafaq News / The Kurdistan Democratic Party bloc in the Iraqi parliament denounced in a statement on Saturday the decision of the Federal Supreme Court (the highest judicial authority in the country) to unconstitutional the sending of funds to the region by the federal government to finance the salaries of employees in Kurdistan, calling at the same time for the need to legislate the oil and gas law within the framework of resolving disputes and outstanding issues between Erbil and Baghdad.

In a statement read by its president Vian Sabri in a press conference held today, the bloc expressed its deep regret for the recent decision of the Federal Court to prevent the disbursement of financial dues to the Kurdistan Region, as we were and still call for all state institutions, including the judiciary, to be agents of rapprochement and understanding in order to support political stability in the country.

 

 

 

She added that the Federal Court is supposed to take into account the difficult political circumstances that the country has gone through, and to support the understandings, commitments and positive environment between the federal government and the regional government by a decision that takes into account the rights of all components and the spirit of the constitution and justice, not to be a decision in form and content that targets the livelihood and livelihood of our citizens in the Kurdistan Region.

Sabri also stated, "The new government was formed with the support of the political forces affiliated with the State Administration Coalition and in accordance with understandings and commitments based on the principle of confirming coordination between the federal government and the regional government on files and decisions related to the Kurdistan Region and avoiding any escalatory measures against the region, and that constitutional legislative treatments are developed with regard to the budget, oil, Article 140 and others," adding that "this latest decision was contrary to those understandings and commitments, which constitutes a dangerous turning point on the entire political process."

The head of the Kurdistan Democratic Bloc continued by saying, "Hence, it has become necessary for all of us to work to correct the course," calling on "all political forces to unify positions to support the commitments agreed upon in the political working paper and the ministerial curriculum and to reject the policy of starvation practiced against our citizens in the Kurdistan Region."

Sabri also called – as in the statement – to speed up the legislation of the oil and gas law and the law of the Federal Court and the Federation Council, as stated in the constitution.

On Wednesday, January 25, 2023, the Federal Supreme Court ruled that it is unconstitutional for the Federal Council of Ministers to send sums of money to finance the monthly salaries of employees and workers in the public sector in the Kurdistan Region.

The President of the Kurdistan Region, Nechirvan Barzani, promised the decision of the Federal Court that it is illegal for the Iraqi government to send the salaries of the region's employees unfairly, pointing out that this decision targets the political process and the political agreement on which the new Iraqi government was formed.

In turn, the Kurdistan Regional Government described the decision as "unjust", a flagrant violation of the constitution and contrary to the agreement to form the Iraqi government, while calling 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.

[6ly410]

KDP calls for speeding up the enactment of important controversial laws

Saturday 28 January 2023 15:34 |PoliticalViews: 125

KDP calls for speeding up the enactment of important controversial laws (ninanews-com.translate.goog)

Baghdad /Nina/ The Kurdistan Democratic Party bloc called for speeding up the legislation of the package of oil and gas laws, the Federal Court and the Federation Council.

The head of the bloc, MP Vian Sabri, said in a joint press conference today, Saturday, we regret the decision of the Federal Court on the financial dues of the Kurdistan region, and we are still calling for all state institutions, including the judiciary, to be agents of convergence and communication that support political stability in the country

. Files and decisions related to the region, avoiding any escalatory measures against the region, and legislative treatments related to the budget, oil, Article 140 and others be developed.

She explained that "the recent decision was contrary to those understandings and commitments, which constitutes a dangerous turning point on the political process, and it has become imperative for everyone to work to correct this path," calling on all political forces to coordinate and unify Positions to support the commitments agreed upon in the political working paper and the ministerial curriculum.

 

 

 

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Barzani's party reaffirms its lack of respect for the decisions of the Federal Court regarding the deposit of oil and gas revenues and outlets to the center

Last updated:January 28, 2023 - 3:53 PM

 Baghdad / Iraq News Network - Today, Saturday, the Kurdistan Democratic Party bloc issued a statement regarding the recent decision of the Federal Court, while noting that it is contrary to the agreements of “state administration.”A statement by the bloc stated, “The Kurdistan Democratic Bloc expresses its deep regret at the Federal Court’s recent decision to prevent the payment of financial dues to the Kurdistan region, as we have been and still are calling for all state institutions, including the judiciary, to be factors of rapprochement and understanding in order to support political stability in the country.” The statement added, “The Federal Court is also supposed to take into account the difficult political conditions that have passed through the country, and to support understandings, commitments and a positive environment between the federal government and the regional government with a decision that takes into account the rights of all components and the spirit of the constitution and justice, and not to be a decision in form and content that targets the livelihood of our citizens.” in the Kurdistan Region. And the statement continued, “The new government was formed with the support of the political forces affiliated with the State Administration Coalition and in accordance with understandings and commitments based on the principle of confirming coordination between the federal government and the regional government on files and decisions related to the Kurdistan region and avoiding any escalatory measures against the region and that constitutional legislative remedies be put in place regarding With the budget, oil, Article 140, and others, however, this last decision was contrary to those understandings and commitments, which constitutes a dangerous turning point for the entire political process. He pointed out that "it has become imperative for all of us to work to correct the course, and we call on all political forces to unify positions to support the commitments agreed upon in the political working paper and the ministerial curriculum, and to reject the starvation policy practiced against our citizens in the Kurdistan region."

https://aliraqnews.com/حزب-بارزاني-يجدد-تأكيده-على-عدم-أحترام/

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The Kurdistan Democratic Party on the decision of the federation: contrary to the agreements of the "state administration"

Kurdistan Democratic Party on the decision of the Federation: Contrary to the agreements of the "State Administration" » Baghdad Today News Agency

| Policy Today, 15:21 | 

    

 

Baghdad Today - Baghdad

On Saturday, the Kurdistan Democratic Party (KDP) bloc issued a statement on the recent Federal Court decision, while noting that it violated the "state administration" agreements.

According to a statement of the bloc received by (Baghdad Today) that "the Kurdistan Democratic Bloc expresses its deep regret for the recent decision of the Federal Court to prevent the disbursement of financial dues to the Kurdistan region, as we have been and still call for all state institutions, including the judiciary, to be agents of rapprochement and understanding in order to support political stability in the country."

"It is also supposed that the Federal Court should take into account the difficult political circumstances that have passed in the country, and support the understandings, commitments and positive environment between the federal government and the regional government by a decision that takes into account the rights of all components and the spirit of the constitution and justice, not to be a decision in form and content that targets the livelihood and livelihood of our citizens in the Kurdistan region," the statement added.

The statement continued, "The new government was formed with the support of the political forces affiliated with the State Administration Coalition and in accordance with understandings and commitments based on the principle of confirming coordination between the federal government and the regional government on files and decisions related to the Kurdistan region and avoiding any escalatory measures against the region and that constitutional legislative treatments are developed with regard to the budget, oil, Article 140 and others, but this latest decision came contrary to those understandings and commitments, which constitutes a dangerous turning point on the entire political process."

He pointed out that "it has become imperative for all of us to work to correct the course and call on all political forces to unite positions to support the commitments agreed upon in the political working paper and the ministerial curriculum and reject the policy of starvation practiced against our citizens in the Kurdistan region."

The bloc also called for "speeding up the legislation of the oil and gas law, the law of the Federal Court and the Federation Council, as stated in the constitution, and we assure citizens in Kurdistan that we will defend their legitimate rights and the entitlements of the region under the roof of the constitution," according to the statement.

Edited by: A.G.

 

 

 

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[yota691]

Shakhwan Abdullah attacks one of the poles of the 'state administration': the dollar smuggles and breaks relations

2023.01.27 - 20:15

 

Baghdad - Nas  

Shakhwan Abdullah, the second deputy speaker of Parliament, said, on Friday, that the party that directed the Minister of Finance not to implement the Cabinet’s decision related to sending 400 billion dinars to the region, is the same party that ordered a deputy to sign a lawsuit against Kurdistan’s dues and submit it in his name without reading its content.  

  

  

  

And Abdullah added, in a statement, which “NAS” received a copy of (January 27, 2023), that “the aforementioned party is the same one who ordered the Federal Court to accept the case and prevent the region’s dues from being sent without any justification, and it is also the same one that caused the increase.” dollar exchange rates by smuggling it out of the country.”  

  

He continued, "Unfortunately, the same party that ordered the Federal Court to issue a decision against the draft oil and gas law in the Kurdistan region, as it is the same whenever the national forces and components of the Iraqi people converge and their visions unite, they feel danger and threaten their interests."  

  

And he added, "Therefore, it seeks to destabilize stability, work to create problems and crises, and target national interests that bring together the components of the people," expressing "his surprise at all of this, as the tools of this party are part of the state administration coalition."  

  

He pointed out that "history witnesses all the ruling regimes in Iraq over decades of time, including the Revolutionary Courts, that fell as a result of their aggression and transgression of the constitutional and legitimate rights of the people of Kurdistan," expressing "his great hope that the national political forces and the country's partners show their clear position to prevent such violations." against the people of Kurdistan.  

  

Abdullah stressed that "no matter how hard they try, the mountains of Kurdistan, its leadership and its people will remain proud and steadfast in the face of any aggression."  

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Frame: Kurdish forces and currents supportive of the Federal Court's decision

 8 minutes ago

391

 

The leader in the coordination framework, Turki Al-Atbi, confirmed, on Saturday, the presence of Kurdish political forces and currents that support the recent Federal Court decision to cancel sending money to the regional government.

Al-Atbi said in a press interview seen by “Takadum” that “the Federal Court’s decision that decided the issue of exporting oil from the Kurdistan region without going through Baghdad was not political and adopted clear constitutional mechanisms and controls,” pointing out that “from 6-7 Kurdish villages and political currents support the decision ".

 

And he added, "The failure of the regional government to interact with the decision of the Federal Court will lead to a crisis," pointing out that "the export of oil must be managed exclusively by the Federal Ministry of Oil, and this is according to the content of the constitution that was approved by all Iraqis, including the Kurds, after 2003."

 

Al-Atbi pointed out that "the file of exporting oil from the region is ambiguous and suspicious, and there is great criticism, even within the region, by forces and parties for this file."

 

The Federal Court issued a decision according to which the mechanisms for exporting oil from the region were determined by being according to federal paths as a national wealth.

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Kurdistan Democratic Bloc: There is no boycott of the political process, and we believe in resolving the Federal Court decision crisis

2023-01-28 05:59

 

 

Shafaq News / Today, Saturday, a representative of the Kurdistan Democratic Bloc in the Iraqi Parliament described the Federal Court's decision that sending money to the Kurdistan Region is unconstitutional, as "having a political side and cutting off the livelihoods of the people of the region," stressing at the same time that the Democratic Party "has not yet" boycotted the process. political affairs in Iraq because of his belief in the possibility of resolving this matter through dialogue.

 

The representative of the bloc, Sharif Suleiman, said in an interview with Shafaq News agency, "The decision issued by the Federal Court is unfair, cuts off the livelihood of the people of the region, contains a political side, and is against the political process, and undermines the political document concluded between the political blocs in the State Administration Coalition."

 

He added, "However, we see that there are solutions, and we believe in dialogue, and there is no boycott by the Kurdistan Democratic Party to the parliament or the political process at the present time."

 

"We in the Kurdistan Democratic Party are awaiting the reactions of the brothers and political partners in the state administration coalition, and we call on them to abide by the political document that resulted in the formation of the current government," the deputy added.

 

Yesterday, Friday, January 27, 2023, the second deputy speaker of the House of Representatives, Shakh Wan Abdullah, accused a party he "did not name" that has representation in the state administration coalition by instructing the Minister of Finance not to send the dues of the Kurdistan Region amounting to 400 billion dinars, and he indicated that she is the one who " I ordered a deputy to sign a lawsuit against the region, confirming that this party is the one causing the rise in dollar prices and smuggling it abroad.

 

And Kurdish citizens expressed their dissatisfaction with the Iraqi Federal Court's decision to prevent sending monthly payments for the salaries of Kurdistan Region employees, considering it an "unfair and unfair decision."

 

On Wednesday, January 25, 2023, the President of the Kurdistan Region, Nechirvan Barzani, considered the Federal Court's decision to illegally send the Iraqi government the salaries of the region's employees, unfair, pointing out that this decision targets the political process and the political agreement upon which the new Iraqi government was formed.

 

On Wednesday, January 25, 2023, the Federal Supreme Court ruled that it was unconstitutional for the Federal Council of Ministers to send sums of money to finance the monthly salaries of employees and workers in the public sector in the Kurdistan Region.

 

The Kurdistan Regional Government promised the decision as "unjust" and a flagrant violation of the constitution and contrary to the agreement to form the Iraqi government, while calling 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.

[yota691]

Iraq’s Kurdish region warns against ‘unlawful’ stop to funds

 

By QASSIM ABDUL-ZAHRA and ABBY SEWELL January 26, 2023

 

 

FILE - President of the Kurdistan region in Iraq, Nechirvan Barzani pays his respects to Britain's Queen Elizabeth II, following her death, during her lying in state at Westminster Hall, in Westminster Palace, in London, Sunday, Sept. 18, 2022. Iraqi Kurdish authorities on Thursday, Jan. 26, 2023, pushed back against a decision by Iraq's top court that blocked payments from the central government funding the semi-autonomous region. (John Sibley/Pool Photo via AP, File)

 

BAGHDAD (AP) — Iraqi Kurdish authorities on Thursday pushed back against a decision by Iraq’s top court that blocked payments from state coffers funding the semi-autonomous region.

Jutiar Adel, a spokesperson for Iraq’s Kurdistan Regional Government said in a statement that the “unlawful decision from an illegitimate court will impact (the) mutual understanding” between Kurdish authorities in northeastern Iraq and the central government in Baghdad.

The Iraqi Federal Supreme Court issued a ruling Wednesday that invalidates a series of decisions by the government in Baghdad to transfer funds to the KRG to pay salaries in 2021 and 2022, arguing that the transfers violated Iraq’s 2021 budget law and were unconstitutional.

The ruling came in response to a lawsuit filed by Mustafa Sanad — an independent lawmaker who is allied with Iraq’s ruling coalition composed of largely Shiite parties backed by Iran — and by the governor of the Wasit province in eastern Iraq. Sanad praised the decision, saying it had “stopped the financial bleeding.”

The decision cannot be appealed. It places in doubt both the future payment of salaries and the fragile relationship between the Kurdish regional government and Baghdad.

 

Nechirvan Barzani, president of the Kurdistan Region, said in a statement that the decision “targets not only the public employees and the people of Kurdistan who are Iraqi citizens, but also the entire political process and stability.”

 

A KRG official who spoke on condition of anonymity because he was not authorized to discuss the case publicly, said the “KRG will be in talks with the federal government to find a way to bring back normality to the ground.”

Should those talks fail, he said, “the people of Kurdistan region will be the victims.”

[yota691]

The Federal Court in Iraq prevents the financing of the Kurdistan region.. A blow to America's interests or an obstruction to the Sudanese government?

The Federal Court in Iraq rules to cancel the previous government's decisions to transfer monthly funds to the Kurdistan region (Al-Jazeera)

Salah Hassan Baban

1/27/2023

 

The political crises in Iraq continue to subside until they flare up again, as the decision of the Federal Supreme Court last Wednesday to cancel all decisions related to transferring monthly funds to the Kurdistan region sparked the crisis between Baghdad and Erbil, in a move that may further complicate the political scene.

Observers warn that the possibility of implementing the decision may threaten the future of the "state administration" coalition, which formed the current government headed by Muhammad Shia' al-Sudani 3 months ago, which puts the coalition at risk of division or rift, at the very least.

 

The State Administration coalition consists of the Shiite Coordination Framework Alliance, which has 138 parliamentary seats out of 329, in addition to the Sunni Sovereignty Alliance led by Parliament Speaker Muhammad al-Halbousi and politician Khamis al-Khanjar, as well as the two main Kurdish parties in the region, namely: the Patriotic Union of Kurdistan led by Pavel Talabani, the Kurdistan Democratic Party led by Massoud Barzani, and other political parties.

Massoud Barzani described the Federal Court's decision as a "hostile position" (Al-Jazeera)

Payments

The government of former Prime Minister Mustafa Al-Kazemi had sent several financial payments on a monthly basis to the region during the years 2021 and 2022, in order to pay the regional government the salaries of its employees, provided that they are later deducted from the funds of the general financial budget of the Iraqi state.

And in line with the Al-Kazemi government, the new Prime Minister, Muhammad Shia Al-Sudani, announced last December that a new batch of 400 billion dinars (about 234 million US dollars) would be sent to the regional government, which seems to not continue after the recent Federal Court decision.

The Federal Court’s decision came against the background of a lawsuit filed by Mustafa Jabbar Sanad, a member of the Parliamentary Finance Committee for the Coordination Framework Coalition, who said in his press conference that “the judicial decision was issued based on the lawsuit that I filed before the Federal Court, which ruled that 6 decisions of the previous government to transfer funds to the region were invalid.” in 2022, which are decisions that violate the internal system, the constitution, and the general budget and financial management laws,” and described the decision as “historic.”

Walid Al-Sahlani described the Federal Court as a "safety valve" for the country (Al-Jazeera)

Territory response

The region's response was not delayed, as the Kurdistan government said - in a statement - that "the Federal Court once again renewed its hostility to the rights of the region's citizens and their constitutional financial entitlements," stressing that "this position represents the continuation of its unfair and hostile policy towards Kurdistan and contradicts the agreement of the state administration forces that formed The new government violates the ministerial platform approved by Parliament.

The head of the Kurdistan Democratic Party, Massoud Barzani, described the decision as a "hostile position," saying: "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 it becomes a reason for complicating disputes. It implements a suspicious agenda and replaces the Revolutionary Court in the previous regime," referring to the regime of the late Iraqi President Saddam Hussein.

This crisis comes at a time when the delegation of the regional government made several visits to the capital, Baghdad, and discussed with the federal government in order to resolve outstanding issues between the two parties, the most prominent of which are related to oil and gas and handing over revenues to the federal government in exchange for guaranteeing the share of the Kurdistan region in the budget.

Rebwar Babki described the decision as unconstitutional and political par excellence (Al-Jazeera)

Semantics of the timing of the decision

Commenting on the Federal Court's decision, Rebwar Babki, a member of the regional parliament for the Kurdistan Democratic Party bloc, agrees with the statement of the Kurdistan Regional Government, describing the decision as "unconstitutional, political par excellence, and very dangerous," warning of its political repercussions in the future.

Babaki called on the Sudanese government not to abide by this decision, but rather to move forward with legislation related to oil and gas and resolve problems between the two parties, especially since the Kurds are an essential member of the state administration coalition that formed the Sudanese government.

In his speech to Al-Jazeera Net, a member of the region's parliament explains the implications of the decision, pointing to the existence of what he called a "political rift" within the coordination framework, and the endeavor of political parties in it to strike the Sudanese government and disturb the positive atmosphere and understandings that took place between Baghdad and Erbil, including those related to the budget and oil and gas laws and the activation of Article 140 of the Constitution, according to him.

Babaki does not stop there only, as he believes that these forces are working to destabilize the relationship between Baghdad and Erbil in order to divert attention from the corruption cases the country is witnessing, including the theft of the century, in an attempt to export Iraq's problems to the Kurdistan region, as he put it.

Meanwhile, Walid Al-Sahlani, a representative of the Al-Fatah Coalition - one of the most prominent formations of the coordination framework - contradicts the Kurdish reactions, as he describes the Federal Court as the "safety valve" for the country, and that it preserves democracy and the unity of the people, indicating that it does not deal with the language of courtesy, but rather deals with The decisions issued based on visions are based on legal foundations, as he put it.

Regarding the possibility that the federal decision will cause the "state administration" coalition to rupture or to be disintegrated at the political level in the future, Al-Sahlani - in his interview with Al-Jazeera Net - excludes this scenario, by confirming the existence of negotiations between the political parties in conjunction with the preparation of the budget by Parliament, in preparation for a vote on it.

Will the Kurds withdraw?

On the other hand, political analyst Ali al-Sahib expects that the Federal Court's decision, especially if it is firmly insisted on and promised, will lead to a rift in the "state administration" coalition, or that the Kurds will have a negative attitude towards the coalition that will push them to withdraw from the entire political process.

In his interview with Al-Jazeera Net, Al-Sahib describes the timing of the issuance of the decision as "inappropriate", although there is no legal problem in it, explaining that the coincidence of the decision with the accumulation of suffocating crises in Iraq and the failure to approve the budget may cause an economic crisis that postpones all projects and steps of the current government headed by Sudanese.

Ali Al-Sahib believes that proceeding with the federal decision may lead to a rift in the state administration alliance (Al-Jazeera)

What is the relationship between the decision and the Ukrainian-Russian war?

From an economic point of view, the Kurdish economist and political researcher Karwan Hama Salih reveals that there are several common points between the timing of the court's decision, which he describes as "non-spontaneous" and the attempt of America and Iran to impose their hegemony in Iraq, in addition to the Ukrainian-Russian war and the energy struggle. in the area.

In an interview with Al-Jazeera Net, he indicates that Washington is working on the energy file through mediation between Baghdad and Erbil, and that the two parties reach an initial agreement that is in the interest of Washington, especially with regard to the previous court decision that included annulling the oil and gas law in Kurdistan, which caused a major problem related to Energy, especially in the country that has ambitions in the energy of the region, as he put it.

Saleh believes that Washington's approach prompted some influential international parties in Iraq to refuse to achieve America's interests, by striking the Baghdad-Erbil agreement on energy, noting that the recent Federal Court decision came to shuffle the cards and sabotage what he called "the game."

Salih concludes by noting that, in theory, all political parties in the region and Iraq constantly talk about their quest for consensus, commenting, "But in practice, the two sides did not adhere to what they said to resolve the problems between the two parties," stressing that it is in the interest of the region at the current stage to agree with Baghdad regarding oil and gas and resolving all outstanding issues between them.

Source : Al Jazeera

[yota691]

A ruling to stop the transfer of funds to Iraqi Kurdistan puts the Sudanese in a dilemma

The decision is binding on the government and threatens to undermine the coalition of state administration. Observers are wondering where the Federal Court was 20 years ago?

Moayad Al-Tarfi is an Iraqi reporter  Friday, January 27, 2023 23:39
   

The coordination framework government is in an embarrassing position after the court's decision (AFP)

 

The Iraqi Supreme Federal Court placed Prime Minister Muhammad Shia al-Sudani and the government coalition consisting of Kurdish, Shiite and Sunni parties in an embarrassing position that may push it to disintegrate in the future, after its decision to cancel all decisions to transfer funds from the central government to the Kurdistan region .

 

And the Federal Court decided, based on a lawsuit from the representative close to the "coordinating framework" for Basra Governorate, Mustafa Sanad, to cancel all decisions of the Iraqi government to transfer funds to the Kurdistan region, related to financing the monthly salaries of employees and workers in the public sector there, contrary to the law and the constitution.

 

Sanad said in a press conference held in Baghdad that "the Federal Court's decision will be a standard and legal reference for all subsequent governments, including the current government, regarding the unconstitutionality of transferring funds to the region." He added, "This decision has become binding and prevents any Iraqi government from transferring funds outside the framework of the Iraqi budget through political agreements between the region and the federal government."

 

angry response

 

The head of the Kurdistan Democratic Party, Massoud Barzani, responded with an angry statement to the decision of the Federal Court, which he described as "an extension of the Revolutionary Court during the period of Saddam Hussein's regime, which was trying opponents of the regime."

 

Barzani said that the court's decision represents a hostile stance towards Kurdistan, undermines the agreement to form the Iraqi government, and targets the entire political process, accusing the court of "implementing a suspicious agenda" and that it "has come to replace the Revolutionary Court during the era of the former regime."

 

The Secretary-General of Asaib Ahl al-Haq, Qais Khazali, one of the most prominent leaders of the "coordination framework", called for "avoiding spasms and rushing in decision-making, and completing dialogues and discussions to reach results that guarantee the rights of all within the ceiling of the constitution."

 

Al-Khazali said in a tweet to him, "The judiciary is the pillar of the Iraqi state, and we call for the necessity of respecting and adhering to its decisions, and we reject any transgression against its institutions," noting that "the only way to stabilize the political process and preserve rights is to adhere to the ceiling of the constitution."

 

The frame is awkward

 

Issam al-Faili, a professor of political science at Al-Mustansiriya University, said that the "coordinating framework" is in an embarrassing position after the Federal Court's decision, expecting a Kurdish withdrawal from the government if the matter is not resolved.

 

Al-Faili said, "The situation of the State Administration Coalition as a whole, especially the Shiite framework, is in a critical position that they do not envy, since the Federal Court's decision not to hand over sums to the region has become binding," noting that this decision practically concerns the citizens of the Kurdistan region and that the issue goes beyond the State Administration Coalition and has become It affects all the blocs, including the Sunnis, as they wonder about the fate of all the agreements that took place in forming the alliance.

 

Al-Faili suggested that the Kurds would withdraw from the government in protest of the decision, especially since it was related to the salaries of the region's employees. He wondered about the agreements that resulted from the state administration's alliance with the Kurds and the laws that it is hoped will be approved, such as the application of Article 140 of the constitution and the approval of the oil and gas law.

 

He added that "the laws of the Federal Court are binding and its articles are not subject to appeal, and in practice it is possible to go in other directions to resolve the issue, such as freezing the decision of the Federal Court," noting that "it is a difficult measure to take, so the issue has become complicated."

 

 

 

He explained that "the matter has become embarrassing, especially since the one who submitted the appeal is a deputy belonging to the coordination framework, which created a big problem for them," stressing that "this decision will affect the approval of the budget that must be approved by the Kurds."

Al-Faili considered that "the citizens of the region will line up with their government because the national dimension is an important pillar in the Kurdish society, so that the regional government, when cutting the salaries of its employees, pays them partially through imports resulting from the sale of oil," noting that "the Kurdish citizen is now comparing the achievement In the Shiite regions by Shiite politicians and the Kurdish achievement in the regions of the region.

 

Error accounting

 

On the other hand, the director of the Iraq Center for Strategic Studies, Ghazi Faisal, suggested that "we will withdraw the Kurdish parties from the government if the federal decision is implemented, and the state administration coalition will disintegrate." Faisal added, "It is not reasonable, after 20 years, to discover that the money being transferred for the salaries of the region and for the conduct of its government's business is unconstitutional and illegal before the Federal Court takes its decision not to transfer the money that feeds life in Kurdistan."

 

He pointed out that "the Kurdish employee in Kurdistan is part of the employees in Iraq with various specialties and civil and military departments, and it is not permissible to deprive him, and if there is a mistake, the Federal Court must refer whoever committed it during the past years to accountability because the matter is related to big money."

 

And he considered that "the decision means that the coordination framework and the state administration alliance abandon its material, moral and legal obligations to implement the needs of the region, and its implementation will lead to deepening the differences between the coordination framework, the Kurdistan Democratic Party and all Kurdish parties in the region at the level of government and parliament."

 

No effect on the budget

 

Faisal ruled out that the decision would affect approving the budget because there are basic principles related to the financial aspect of the Kurdistan region as part of the budget, adding, "But if the situation continues without finding real solutions, it is certain that the Kurdish parties will have to boycott the political process and exit from this alliance and turn to the opposition." .

 

Faisal did not rule out that the repercussions of the decision would lead to "the withdrawal of the Sovereignty Coalition from the government for not implementing their demands, which means the collapse of the State Administration Coalition."

 

The ball is in the government's court

 

For his part, a member of the Kurdistan Democratic Party, Abd al-Salam Berwari, confirmed that "the ball is now in the government's court" to indicate whether it is a partner in what he described as "the crime", or it will have a specific procedure.

 

And regarding what the region needs to be 600 billion dinars ($408 million) for salaries per month, Berwari refused to link it to the federal government, since that violates the federal system.

He pointed out that “Article 27 Fifthly in the Financial Management Law issued by the House of Representatives stipulates that if any oil-producing region or governorate is late in delivering imports, it will be deducted from its share,” noting that “it is possible to estimate the amount of oil sold and its imports with deduction of the region’s share of budget and give him the difference between his share and the imports of the sold oil.”

 

Berwari expressed his surprise at the issuance of this decision after the improvement of the relationship between the federal government and the region.

[yota691]

The Federal Supreme Court regarding the decision to cancel the transfer of funds to the Kurdistan region: it aims to build the state and prevent transgression of the constitution

• SAT, 01-28-2023, PM 5:34
•  
• KARRAR AL-ASADI
•  

---

 

Today, Saturday, the Federal Supreme Court issued an explanation about its decision regarding the financial dues that the central government sends to the Kurdistan region, indicating that the decision aims to build the state and does not target a group of society, while confirming that the Prime Minister Muhammad Shia al-Sudani has real seriousness in fighting corruption. .

 

The President of the Federal Supreme Court, Jassem Abboud, said, "The court is obligated to implement the constitution and the law and take this into account in its decisions," noting that "the Federal Supreme Court is represented by its judges when it issues its decisions, as it takes into account the supreme interest of the country and the people and takes into account the noble judicial principles and values that every judge must abide by." And not to overstep it, and that not observing this distances the judicial process from the correct standards in the judiciary, which asks the court not to resolve the lawsuit at this time due to political circumstances, or to resolve it in a way that violates the constitution and the law, because that means asking the court not to take into account the judicial values, which no judge accepts, Because his judicial principles are a reflection of his religious, educational and patriotic morals and values.

 

And he stressed, "Our goal is to preserve the proper application of the constitution and not to prejudice the supreme interest of the homeland and not to violate the laws that must be applied according to what is stated in them," pointing out that "the Federal Supreme Court and based on the provisions of Article (14) of the constitution, Iraqis are equal before the law Without discrimination because of gender, race, nationality, origin, color, religion, sect, belief or any reason whatsoever, and that the citizens of the Kurdistan region are like the rest of the citizens of Iraq, there is no difference between the citizen who lives or resides in Zakho and there is no difference between the citizen who lives or resides in Al-Faw or anywhere else."

 

He continued, "The government and the relevant authorities must search for all ways that would make the employees of the Kurdistan region equal in terms of the amount of the monthly salary and the date of its receipt, and that the failure of a certain party to adhere to the provisions of the constitution and the laws in force must not prejudice the principle of equality, and work must be done to unify the salaries of employees and all What is related to them throughout Iraq and the inadmissibility of delaying the delivery of salaries on time for any reason whatsoever.

 

He stated, "We aim to restrict the legislative and executive powers to the limits of their constitutional and legal powers and not to exceed them, and to implement the correct powers."

 

He stressed that, according to the provisions of Article 80 / Third of the Constitution, the duty of the Council of Ministers is to issue regulations, instructions and decisions with the aim of implementing the laws and not with the aim of violating them, as the draft laws and based on the provisions of Article (60) of the Constitution are submitted by the President of the Republic and the Council of Ministers. Ministers decided a decision contrary to a law, as this constitutes a violation of the constitution,” pointing out that “the Federal Court will address that violation.” Therefore, the decisions of the Council of Ministers, which the court ruled to be invalid, are in violation of the Federal Budget Law of 2021 and Financial Management Law No. (6) of 2019.

 

And he stated, “The Federal General Budget Law of the Republic of Iraq for the year 2021 determined, according to Article 11 thereof, the mechanisms by which dues are settled between the Baghdad government and the Kurdistan Regional Government for the years from 2004 to 2020,” noting that “after all that, it is not permissible for the Council of Ministers to take any A decision that would violate the aforementioned laws, especially since the Council of Ministers is the only body responsible under the constitution for preparing the draft federal budget law.”

 

He added, "The Federal Court is within the jurisdiction conferred upon it under Article 93/Third of the Constitution, which states that the Federal Supreme Court has jurisdiction over the following (deciding on cases arising from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authorities). The law guarantees the right of every The Council of Ministers and concerned individuals and others have the right to appeal directly to the court,” noting that “the court, according to its aforementioned jurisdiction, considered the case regarding Cabinet decisions No. 194 on 6/15/2021, 226 on 7/6/2021, and 257 on 3/8/ 2021, 335 on 9/22/2021, 401 on 11/2/2021, and 8 on 1/11/2022, and issued Federal Resolution No. 170.

 

Abboud continued, "The federal authorities in Iraq are represented, according to Article 47, by the legislative authority, which consists of the House of Representatives and the Council of the Federation, and the executive authority, which consists of the President of the Republic and the Council of Ministers, and the judicial authority, which consists of the Supreme Judicial Council and the Federal Supreme Court," explaining, That "the system of government in Iraq based on the provisions of Article One of the Constitution is republican, parliamentary, democratic, so the executive authority consists of the President of the Republic and the Council of Ministers exercising its powers in accordance with the Constitution and the law based on the provisions of Article 66 of the Constitution of the Republic of Iraq of 2005."

 

He stressed, "The constitution separates the duties and powers of the President of the Republic and those of the Prime Minister, because the nature of the parliamentary system in Iraq requires that separation, just as the nature of the parliamentary system requires observance of the principle of separation of powers based on the provisions of Article 47 of the Constitution," pointing out, that he “According to the constitution, the President of the Republic is the head of the state and the symbol of the country’s unity, representing the country’s sovereignty and ensuring compliance with the constitution and preserving Iraq’s independence, sovereignty, unity and territorial integrity in accordance with the provisions of Article 67 of the constitution.”

 

And he indicated, "The Prime Minister is the direct executive responsible for the state's general policy and the Commander-in-Chief of the Armed Forces. He manages the Council of Ministers and presides over its meetings, and he has the right to dismiss ministers with the approval of the House of Representatives based on the provisions of Article 78 of the Constitution."

 

He explained, "The constitution authorizing the President of the Republic and the Council of Ministers to exercise their powers in accordance with what is stated in it and under the laws in force requires, as a result, the fulfillment of constitutional and legal responsibility for any of them violating the provisions of the constitution and the law, and not implementing what the constitution and the law impose on them according to their constitutional and legal powers, as this constitutes a violation." According to the constitution, that is, the President of the Republic and the Prime Minister exercise their powers in accordance with the constitution and the law, and that this requires, as a result, the fulfillment of constitutional and legal responsibility for any of them violating the provisions of the constitution and the law, just as failure to implement what the constitution and the law impose on them according to their constitutional and legal powers, this represents the second aspect of the violation The constitution, which dictates personal responsibility, is violating the constitution and not working in accordance with the supreme national interest of the country and the people,” pointing out that “This requires all oversight bodies to exercise their constitutional and legal powers to prevent and remedy this breach, especially since the responsibility of the President of the Republic is an individual responsibility, according to Article 61 / Sixth of the Constitution.

 

He stated, "The responsibility of the Prime Minister and the ministers before the House of Representatives is a joint and personal responsibility based on the provisions of Article 83 of the Constitution of the Republic of Iraq."

 

And he stressed, "The authority of the Council of Ministers is also represented in issuing regulations and instructions that would implement the budget law according to what is stated in it," pointing out that "the Council of Ministers is obligated to implement what was stated in the budget law, and that failure to adhere to the budget law regarding the decisions that were issued From him, the subject of this lawsuit made those decisions defective and their violation of the budget law, in addition to their violation of many legal articles contained in the Federal Financial Management Law No. 6 of 2019.

 

And he stressed, “The implementation of the federal general budget is carried out through financing payments estimated by the Ministry of Finance from the unified public treasury account based on the allocations established in the Federal Budget Law, according to the mechanism determined by the Ministry of Finance,” explaining that “the spending units are not entitled to invest the cash surplus in any way.” Forms of investment, such as lending, purchasing securities, depositing in the form of fixed deposits, savings, or any other case, unless there is a legal text permitting that. The Minister of Finance may determine spending ceilings in light of the available funds, provided that a percentage of not less than 20% of the financial balance is kept in The first period is based on the provisions of Article 14, nor on A, B, and III of the Federal Financial Management Law No. 6 of 2016.

 

He pointed out, “It is not permissible to use the advances account for spending on any purpose unless the necessary allocations are available in the budget to cover the state of spending based on the provisions of Article 17 First on B of the same law,” stressing that “the Ministry of Finance is the only authority authorized to approve To release cash amounts for current and investment expenditures for spending units based on the provisions of Article 16 on the third of the Federal Financial Management Law.

 

And he stressed, “Based on the provisions of Article 30 of the Federal Financial Management Law, the Minister of Finance is responsible for the accounts related to all receipts and payments that take place in all ministries and agencies not linked to a ministry, the region and governorates that are not affiliated with a region that belong to the federal general budget, and he must monitor their financial transactions.” And accounting in the ways determined by the Ministry of Finance based on the provisions of Article 27 Fifth of the same law, which stipulates that (the Ministry of Finance shall download the sums resulting from the failure to transfer ministries or the region and governorates that are not organized in a region for oil and gas revenues and other annual funding).

 

He added, "The House of Representatives, based on the provisions of Article 62/Second of the Constitution, may conduct transfers between the chapters and chapters of the general budget and reduce the total amounts thereof, and it may, when necessary, propose to the Council of Ministers an increase in the total amounts of necessary expenditures, and in the same direction came Article 12 of the Federal Financial Management Law No. 6 of 2016 Therefore, the Council of Ministers cannot take decisions that would overburden the state's public treasury with financial burdens in a manner contrary to the Federal Budget Law and the Federal Financial Management Law.

 

He continued, "The constitution is the expression of society and its common values, as it gives it the legal and political structure, as it is the basic system for human rights and its social and political relations, and in this system it is necessary to mix politics and law because they are essential factors in the formation of societies, and therefore in the formation of the constitutional text emanating from common values." For this society," pointing out that "through the constitution and the texts, political action is viewed as legitimate. The legitimacy of political action must stem from the constitutional text, which today has become the primary means for regulating relations between the authorities and citizens, because no person and any political institution can be monopolized." decisions, but it is the duty to abide by and act according to constitutional guarantees.”

 

And he noted that "there is no legitimacy for any action or abstention from action by the federal authorities, if there are constitutional violations in that," noting that "constitutional violations represent a violation of the highest legal rule, which is the constitution, and according to the ruling that no decision, system, instructions or procedure is valid." It is contrary to the constitution according to the terms of reference of the Federal Court contained in Article 93 / Third of the Constitution of the Republic of Iraq.

 

And he stated, "The court's direction to rule that the decisions issued by the Council of Ministers are not valid is not intended to be directed towards a specific group of society, but rather with the aim of building the state properly in accordance with the constitution and the law and not violating them by the federal authorities."

 

And the decision of the Federal Supreme Court, which was issued last Wednesday, included “the invalidity of 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, (335) on 9/22/2021, (401) on 11/2/2021, and (8) on 1/11/2022) are absolutely and binding on all authorities, based on the provisions of Articles (93/ Third and 94) of the Constitution. Republic of Iraq for the year 2005.

 

Fighting corruption

Abboud stressed that "the issue of corruption in Iraq has taken a large part of the interest of the relevant departments in the matter of fighting this scourge," explaining that "corruption in Iraq consists of two types, and corruption in combating it requires real political intention and needs mechanisms that can be followed by the parties. The tasked with combating this corruption is preparing strategic plans to combat this scourge, especially the Integrity Commission, the Financial Supervision Bureau and the competent courts.

 

Real seriousness in fighting corruption

The President of the Federal Supreme Court affirmed that "there is a real seriousness for the Prime Minister, Muhammad Shia'a al-Sudani, to fight corruption, as it represents the first pillar in the success of the government project," pointing out that "the judiciary in general is supportive of the Prime Minister in the matter of fighting corruption, and that all the authorities in the state It is heading towards combating this scourge because no progress can be achieved either at the level of providing services to the people, or at the level of achieving advanced stages in reconstruction if this scourge is not fought," according to the Iraqi News Agency.

 

He pointed out that "the prime minister, by virtue of his constitutional powers, does not need a legal legislative mandate to expand his powers in fighting the scourge of corruption, because the constitution authorized him to manage the state's public policy in a way that guarantees the fight against this scourge."

 

Efforts to reduce corruption

Judge Abboud affirmed that "the Federal Supreme Court's jurisdiction is defined by Article 93 of the Constitution. It is not within its jurisdiction to fight corruption or to consider cases related to corruption, but rather that is left to the competent courts," explaining that "the role of the Public Prosecutor is important in all cases that are the subject of it." It is concerned with the issue of corruption, and the Public Prosecution in all courts currently plays a major role, but corruption cases, in terms of their reality, need a certain time and need certain evidence in order to be completed.

 

And he stated, "The presence of corruption in Iraq impedes the building of the state, and the investigation and criminal courts charged with examining these cases take a very large role, and they continue to do so, just as the oversight authorities continue their work," noting that "these efforts limit the phenomenon of corruption in Iraq".

 

Peaceful transfer of power

He stressed that the Iraqi people are looking forward with high confidence to their future through a republican, federal, democratic, pluralistic system, and that the people, despite the difficult circumstances they went through, as they sacrificed thousands of martyrs in their struggle against the former regime and in their war against the terrorist organizations, Al Qaeda and ISIS, this did not discourage the Iraqis from proceeding to build a state. The law, where sectarianism and racism did not stop all Iraqis from proceeding to strengthen national unity and adopt ways of peaceful transfer of power, and Abboud emphasized, “The constitution, as the supreme document in Iraq, guarantees the public and private rights and freedoms of individuals, and therefore no authority of the authorities can override these freedoms and rights.” which were stipulated in the constitution," pointing out that "the Iraqi constitution was built on two basic principles, which are the principle of the rule of law and the peaceful transfer of power, and in the event that they are not achieved, it is not possible to build a democratic state in its true sense."

[6ly410]

'Federalism' talks about the dimensions of its decision to prevent the financing of Kurdistan

2023.01.28 - 18:24

'Federalism' talks about the dimensions of its decision to prevent the financing of Kurdistan (nasnews.com)

 

  Baghdad - Nas  

The President of the Federal Supreme Court, Jassim Abboud, said on Saturday that the 2021 budget obligated the settlement of financial dues between Baghdad and Erbil since 2004. 

  

  

Abboud added in a statement to the official agency affiliated with "NAS" (January 28, 2023), that "our decision on the transfer of funds to the Kurdistan region aims to build the state and prevent the violation of the constitution," pointing out that "the decision does not target a group of society and all ways must be found to solve the problem of the salaries of the region's employees."  

  

He stressed that "the Council of Ministers cannot take decisions contrary to the General Budget Law, asking the court to delay the resolution of the case or resolve it contrary to the constitution and the law represents a violation of all judicial principles," noting that "the fight against corruption needs real political intention and strategic plans."  

  

Abboud stressed that "the Prime Minister has a real seriousness in fighting corruption and the judiciary in general supports the Prime Minister in fighting corruption, as corruption in Iraq has no roots and the legitimacy of political action must be based on the constitutional text."  

  

"Our goal is to maintain the proper application of the constitution and not to prejudice the supreme interest of the country," he said.  

  

[6ly410]

The President of the Federal Court issues an explanation regarding the decision to send money to Kurdistan and corruption in Iraq

Saturday 28 January 2023 19:43 | politicalNumber of readings: 131

The President of the Federal Court issues an explanation regarding the decision to send money to Kurdistan and corruption in Iraq (ninanews-com.translate.goog)

Baghdad /Nina/ The Federal Supreme Court issued on Saturday a clarification on its decision issued on the financial dues sent by the central government to the Kurdistan region, indicating that the decision aims to build the state and does not target a group of society, while stressing that Prime Minister Muhammad Shia Al-Sudani has a real seriousness in fighting corruption. The President of the Federal Supreme Court, Jassim Abboud, said in an interview with the official agency: “The court is obliged to apply the constitution and the law and take this into account in its decisions,” noting that “the Federal Supreme Court, represented by its judges, when it issues its decisions, it takes into account the supreme interest of the country and the people and takes into account the noble judicial principles and values that every judge must adhere to and not exceed and that failure to take this into account distances the judicial process from the correct standards in the judiciary, which asks the court not to resolve the case in this time for political circumstances or their decision in a way that violates the constitution and the law means asking the court not to take into judicial account values, which no judge accepts, because his judicial principles represent a reflection of his religious, educational and national morals and values.”

He stressed that "our goal is to maintain the proper application of the constitution and not to prejudice the supreme interest of the country and not to violate the laws that must be applied in accordance with what is stated therein," pointing out that "the Federal Supreme Court, based on the provisions of Article (14) of the constitution, Iraqis are equal before the law without discrimination because of sex, race, nationality, origin, color, religion, sect or belief or for any reason whatsoever, and that the Citizens of the Kurdistan region are like the rest of the citizens of Iraq, there is no difference between a citizen who lives or resides in Zakho, and there is no difference between a citizen who lives or resides in Fao or anywhere else."
“The government and the relevant authorities must look for all ways that would make the employees of the Kurdistan region equal in terms of the amount of the monthly salary and the date of its receipt, and that the failure of a certain party to comply with the Provisions of the constitution and the laws in force must not violate the principle of equality, and work must be done to unify the salaries of employees and everything related to them throughout Iraq and it is not permissible to delay the delivery of salaries from their date for any reason," he said.
"We aim to restrict the legislative and executive powers to the limits of their constitutional and legal competencies and not to exceed them, and to apply those powers properly," he said.

He stressed that "under the provisions of Article 80 / III of the Constitution, the duty of the Council of Ministers is to issue regulations, instructions and decisions with the aim of implementing laws and not with the aim of violating them, as the draft laws and based on the provisions of Article (60) of the Constitution are submitted by the President of the Republic and the Council of Ministers and when the Council of Ministers issues a decision contrary to a law, this represents a violation of the Constitution,” pointing out that "the Federal Court will address that violation," and therefore the decisions of the Council of Ministers that the court ruled incorrect violation to the Federal Budget Law for the year 2021 and the Financial Management Law No. (6) for the year 2019.”
He pointed out that "the Federal Budget Law of the Republic of Iraq in 2021 specified, under Article 11 thereof, the mechanisms under which dues are settled between the Government of Baghdad and the Kurdistan Regional Government for the years from 2004 to 2020," noting that "after all that, it is not permissible for the Council of Ministers to take any decision that would violate the aforementioned laws, especially since the Council of Ministers is the only body responsible under the Constitution for preparing the draft federal budget law."
He added, “The Federal Court is within the jurisdiction assigned to it under Article 93 / III of the Constitution, which stipulates that the Federal Supreme Court has jurisdiction over the following (adjudicating cases arising from the application of federal laws, decisions, regulations, instructions and procedures issued by the federal authorities), and the law guarantees the right of both the Council of Ministers and the concerned individuals and others the right to appeal directly to the Court", noting that "the court, under its aforementioned jurisdiction, is considered the lawsuit related to the decisions of the Council of Ministers numbered 194 on 6/15/2021, 226 on 7/6/2021, 257 on 8/3/2021, 335 on 9/22/2021, 401 on 11/2/2021 and 8 on 11/1/2022, and issued the decision No. 170 federal.”

Abboud continued, “The federal authorities in Iraq are represented, according to Article 47, the legislative authority, which consists of the Council of Representatives, the Federation Council, the executive authority, which consists of the President of the Republic and the Council of Ministers , and the judicial authority, which consists of the Supreme Judicial Council and the Federal Supreme Court, " explaining, "The system of government in Iraq according to the provisions of Article One of the Constitution is a democratic parliamentary republic, so the executive authority consists of the President of the Republic and the Council of Ministers exercises its powers in accordance with the Constitution. The law is based on the provisions of Article 66 of the Constitution of the Republic of Iraq of 2005.”
He stressed that "the constitution separated the functions and powers of the President of the Republic and the functions of the Prime Minister, because the nature of the parliamentary system in Iraq requires that separation, and the nature of the parliamentary system requires taking into account the The principle of separation of powers based on the provisions of Article 47 of the Constitution, " pointing out, "Under the Constitution, the President of the Republic is the head of the state and the symbol of the country's unity represents the sovereignty of the country and ensures compliance with the Constitution and the preservation of Iraq's independence, sovereignty, unity and territorial integrity in accordance with the provisions of Article 67 of the Constitution."
He pointed out that "the Prime Minister, who is directly responsible for the general policy of the state and the Commander-in-Chief of the Armed Forces, manages the Council of Ministers and chairs its meetings and has the right to dismiss ministers with the approval of the House of Representatives in accordance with the provisions of Article 78 of the Constitution.”

He explained that "authorizing the Constitution to the President of the Republic and the Council of Ministers to exercise their powers in accordance with what is stated in it and under the laws in force, as a result, requires the realization of constitutional and legal responsibility for Violating either of them the provisions of the Constitution and the law, and not implementing what the Constitution and the law impose on them under their constitutional and legal powers, this represents a violation of the Constitution, meaning that the President of the Republic and the Prime Minister Minister exercise their powers in accordance with the Constitution and the law, and that this obliges the result to achieve constitutional and legal responsibility for Violation of either of them to the provisions of the Constitution and the law, and the failure to implement what is imposed on them by the Constitution and the law under their constitutional and legal powers, this represents the second aspect of the violation of the Constitution, which entails personal responsibility is the violation of the Constitution and failure to work in In accordance with the supreme national interest of the homeland and the people, pointing out that "this requires all supervisory authorities to exercise their constitutional and legal powers to prevent and address this violation, especially since the responsibility of the President of the Republic is an individual responsibility." in accordance with Article 61 / sixth of the Constitution.” This represents the second aspect of the violation of the Constitution, which entails personal responsibility is the violation of the Constitution and failure to work in accordance with the supreme national interest of the homeland and the people, pointing out that "this requires all supervisory authorities to exercise their constitutional and legal powers to prevent and address this violation, especially since the responsibility of the President of the Republic is an individual responsibility in accordance with Article 61 / sixth of the Constitution.” This represents the second aspect of the violation of the Constitution, which entails personal responsibility is the violation of the Constitution and failure to work in accordance with the supreme national interest of the homeland and the people, pointing out that "this requires all supervisory authorities to exercise their constitutional and legal powers to prevent and address this violation, especially since the responsibility of the President of the Republic is an individual responsibility in accordance with Article 61 / sixth of the Constitution.” This requires all supervisory authorities to exercise their constitutional and legal powers to prevent and address this violation, especially since the responsibility of the President of the Republic is an individual responsibility in accordance with Article 61 / sixth of the Constitution.” This requires all supervisory authorities to exercise their constitutional and legal powers to prevent and address this violation, especially since the responsibility of the President of the Republic is an individual responsibility in accordance with Article 61 / sixth of the Constitution.”
He stated that "the responsibility of the Prime Minister and ministers before the Council of Representatives is a joint and personal responsibility based on the provisions of Article 83 of the Constitution of the Republic of Iraq."
He stressed that "the authority of the Council of Ministers is also to issue regulations and instructions that would implement the budget law in accordance with what was stated in it," pointing out that "the Council of Ministers is obliged to implement what was stated in the budget law, and that non-compliance with the budget law with regard to the decisions issued by it, the subject of this lawsuit, made those decisions tainted by a defect and violated the budget law, in addition to violating many legal articles contained in the Federal Financial Management Law No. 6 of 2019.”

B and III of the Federal Financial Management Law No. 6 of 2016.
He pointed out that "it is not permissible to use the advance account to spend on any purpose unless the necessary allocations are available in the budget to cover the state of disbursement based on the provisions of Article 17 first on B of the same law," stressing that "the Ministry of Finance is the only body authorized to approve the release of cash amounts for current and investment expenditures of expenditure units based on the provisions of Article 16 on third of the Federal Financial Management Law."
He stressed that "according to the provisions of Article 30 of the Federal Financial Management Law, the Minister of Finance is responsible for the accounts related to all receipts and payments made in all ministries and entities associated with the ministry, the region and the governorates." that are not organized in the region belonging to the federal general budget, and he must monitor their financial and accounting transactions in the ways determined by the Ministry of Finance in accordance with the provisions of Article 27 fifth of the same law, which stipulates that ( The Ministry of Finance shall download the amounts incurred by not transferring ministries or provinces that are not organized in a region to oil and gas revenues and other annual funding).

He added, “The House of Representatives, based on the provisions of Article 62 / II of the Constitution, conducts the transfer between the chapters and chapters of the general budget and reduces its total amounts, and may, when necessary, propose to the Council of Ministers to increase the total amounts of necessary expenditures, and in the same direction came Article 12 of the Federal Financial Management Law No. 6 of 2016, so the Council of Ministers cannot take decisions that would burden the state's general treasury with financial burdens in violation of the Federal Budget Law and the Federal Financial Management Law.”
He continued, "The constitution is the expression of society and its common values so that it gives it the legal and political structure, it is the basic system of human rights and its social and political relations, and this system must mix politics and law because they are essential factors in the formation of societies, and thus in the formation of the constitutional text emanating from the common values of this society, " pointing out that "through the constitution and texts political action is seen as legitimate, the legitimacy of political action must start from the constitutional text that has become today constitutes The primary means of regulating relations between authorities and citizens is because no person and any political institution can make decisions alone, but must abide by and act under constitutional guarantees."
He noted that "there is no legitimacy for any action or omission by the federal authorities, if this is a constitutional violation," noting that "constitutional violations represent a violation of the highest legal rule, which is the constitution, and under the ruling that Any decision, system, instructions or procedure contrary to the constitution is invalid in accordance with the competencies of the Federal Court contained in Article 93 / III of the Constitution of the Republic of Iraq.”

He stated that "the court's tendency to rule that the decisions issued by the Council of Ministers are invalid is not intended to be towards a specific group of society, but with the aim of building the state properly in accordance with the constitution and the law and not violating them by the federal authorities.
The decision of the Federal Supreme Court, which was issued last Wednesday, included “the invalidity of the decisions issued by the Council of Ministers numbered (194) on 6/15/2021, (226) on 7/6/2021, (257) ) on 3/8/2021, (335) on 22/9/2021, (401) on 2/11/2021 and (8) on 11/1/2022) a final and binding ruling on all authorities, based on the Provisions of Articles (93/III and 94) of the Constitution of the Republic of Iraq for the year 2005.
Fighting Corruption Abboud stressed that "the issue of corruption in Iraq has taken a large part of the attention of the relevant departments in the subject of combating this scourge," explaining that "corruption in Iraq consists of two types and corruption

needs to fight it to the real political intention and needs mechanisms that can be followed by the authorities charged with fighting this corruption from the preparation of strategic plans to fight this scourge, especially the Integrity Commission, the Financial Supervision Bureau and the competent courts.”Real seriousness in the fight against corruption The President of the Federal Supreme Court stressed that "there is a real seriousness of Prime Minister Mohamed Shia Al-Sudani to fight corruption as it represents the first pillar in the success of the government project," pointing out that "the judiciary in general is supportive of the Prime Minister in the fight against corruption
, and that all parties in the state are moving towards fighting this scourge because no progress can be achieved, whether at the level of providing services to the people, or At the level of achieving advanced stages in reconstruction if this scurge has not been fought.”
He pointed out that "the prime minister, by virtue of his constitutional powers, does not need a judicial, legislative and legal mandate to expand his authority to fight the scourge of corruption, because the constitution empowers him to manage the general policy of the state." to ensure the fight against this scourge.”

Efforts to reduce corruption Judge Abboud stressed that "the Federal Supreme Court has specific competencies under Article 93 of the Constitution, it is not its competence to fight corruption or that it considers cases on the subject of corruption, but it is up to the competent courts ,” explaining, “The role of the Public Prosecution is important in all cases whose subject matter is related to the subject of corruption, and the Public Prosecution in all courts plays a major role currently,
cases in terms of their truth need a certain time and need certain evidence in order for it to be done.”
He pointed out that "the presence of corruption in Iraq hinders the building of the state, and the investigative and criminal courts tasked with considering these cases take a very large role, and they continue to do so, and the supervisory authorities continue their work, noting that "these efforts reduce the phenomenon of corruption in Iraq."

Peaceful rotation of power He stressed that the Iraqi people are looking forward with high confidence to their future through a republican, federal, democratic and pluralistic system, and that the people, despite the difficult circumstances they went through, where they provided thousands of martyrs in their struggle against the former regime and in their war against terrorist organizations Al-Qaeda and ISIS, this did not deter Iraqis from moving to build a state of law, as sectarianism and racism did not stop all Iraqis from marching to promote national unity and pursue peaceful ways of rotation of power
. As the supreme document in Iraq, it guarantees the public and private rights and freedoms of individuals, and therefore no authority can override these freedoms and rights stipulated in the constitution," pointing out that "the Iraqi constitution was built on two basic principles, namely the principle of the rule of law and the peaceful transfer of power, and in the event that they are not achieved, it is not possible to build a democratic state in its proper sense.”
 

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Federal Court: All ways must be found to solve the problem of salaries of Kurdistan Region employees

 

 

IRAQ

Rudaw Digital The President of the Federal Supreme Court, Jassim Abboud,
stressed that all ways must be found to solve the problem of the salaries of the
employees of the Kurdistan Region.

Abboud said, on Saturday (January 28, 2023), that "our decision on the transfer of funds to the Kurdistan Region aims to build the state and prevent the violation of the constitution," quoting the official Iraqi News Agency (INA).

He added that the decision "does not target a segment of society," stressing that "all ways must be found to solve the problem of the salaries of the employees of the Kurdistan Region."

"The government and the relevant authorities must look for all ways that would make the employees of the Kurdistan region equal in terms of the amount of the monthly salary and the date of its receipt, and that the failure of a certain party to comply with the provisions of the constitution and the laws in force must not violate the principle of equality, and work must be done to unify the salaries of employees and everything related to them throughout Iraq and it is not permissible to delay the delivery of salaries from their date for any reason," he said.

Jassim Abboud pointed out that "the 2021 budget obligated the settlement of financial dues between Baghdad and Erbil since 2004."

The President of the Federal Court stated that "the Council of Ministers cannot take decisions contrary to the General Budget Law."

"Asking the court to delay or settle the case contrary to the constitution and the law violates all judicial principles," he said.

 

Sudanese serious about fighting corruption

 

The head of the Federal Court said that Prime Minister Mohamed Shia al-Sudani has "real seriousness in the fight against corruption", which needs "real political intention and strategic plans".

 

Accordingly, "the judiciary in general is supportive of the prime minister in fighting corruption," according to Abboud, who claimed that "corruption in Iraq has no roots."

 

 

On Saturday, the Kurdistan Democratic Party bloc in the Iraqi Council of Representatives affirmed its rejection of the policy of starvation against the citizens of the Kurdistan Region, calling on political forces to speed up the legislation of oil and gas laws, the Federal Court and the Federation Council.

 

It is noteworthy that MP Mustafa Sanad announced that the Federal Court issued a decision to cancel all decisions of the Council of Ministers in transferring funds to the Kurdistan Region, as he published a video clip on his Facebook page, on Wednesday (January 25, 2023) in which he said that "the Federal Supreme Court issued a decision to cancel all decisions of the Council of Ministers in transferring funds to the Kurdistan Region and considering them contrary to the law and the articles of the Constitution."

 

Sanad added that "the decision was issued based on the lawsuit I filed before the Federal Court," returning the decision "a victory for the right, and there is no extremism against the Kurdish people, or personal hostility against former Prime Minister Mustafa Al-Kazemi or the current Muhammad Shia Al-Sudani, and in fulfillment of everyone who has the right," as he described.

 

President Massoud Barzani has called on the Iraqi government and the constituent parties of the State Administration Coalition to show their positions on the violations of the Federal Court against the interests of Iraq and the Kurdistan Region, after the court canceled all decisions of the Council of Ministers to transfer funds to the Kurdistan Region.

 

President Massoud Barzani confirmed in a message to the Iraqi and Kurdistan public opinion, on Wednesday (January 25, 2023), that participation in the State Administration Coalition and the formation of the new government "was based on a clear and detailed program agreed upon by all parties," stressing that "the entitlements of the Kurdistan Region are a legitimate right of the people of Kurdistan, and part of the program that was agreed upon."

 

The head of the Sovereignty Alliance, Khamis al-Khanjar, said in a tweet on Twitter, Wednesday, in response to the Federal Court's decision, that the national forces have made great efforts to achieve "a reasonable level of stability," and no institution can "expose this stability to the threat again," stressing that "Kurdistan is our people and their livelihoods cannot be touched."

 

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udaw Digital The Kurdistan Democratic Party bloc in the Iraqi Council of Representatives
affirmed its rejection of the policy of starvation against the citizens of the Kurdistan Region, calling on political forces to speed up the legislation of oil and gas laws, the Federal Court and the
Federation Council.

This came at a press conference held by the Kurdistan Democratic Party bloc in the Iraqi Council of Representatives, on Saturday (January 28, 2023).

The head of the bloc, Vian Sabri, made a statement at the press conference, in which she stated that "the decision of the Federal Court is contrary to the understandings and commitments" that led to the formation of the government, usually the decision of the Federal Court "a dangerous turning point on the political process, and it has become necessary for us to work to correct the course."

Vian Sabri, called on political forces to "unify positions and reject the policy of starvation against the citizens of the Kurdistan Region," and called for "speeding up the legislation of the Oil and Gas Law, the Federal Court Law and the Federation Council Law," reassuring citizens in the Kurdistan Region "that we will defend their legitimate rights."

 

to the law and the articles of the Constitution."

It is noteworthy that MP Mustafa Sanad announced that the Federal Court issued a decision to cancel all decisions of the Council of Ministers in transferring funds to the Kurdistan Region, as he published a video clip on his Facebook page, on Wednesday (January 25, 2023) in which he said that "the Federal Supreme Court issued a decision to cancel all decisions of the Council of Ministers in transferring funds to the Kurdistan Region and considering them contrary to the law and the articles of the Constitution."

Sanad added that "the decision was issued based on the lawsuit I filed before the Federal Court," returning the decision "a victory for the right, and there is no extremism against the Kurdish people, or personal hostility against former Prime Minister Mustafa Al-Kazemi or the current Muhammad Shia Al-Sudani, and in fulfillment of everyone who has the right," as he described.

President Massoud Barzani has called on the Iraqi government and the constituent parties of the State Administration Coalition to show their positions on the violations of the Federal Court against the interests of Iraq and the Kurdistan Region, after the court canceled all decisions of the Council of Ministers to transfer funds to the Kurdistan Region.

President Massoud Barzani confirmed in a message to the Iraqi and Kurdistan public opinion, on Wednesday (January 25, 2023), that participation in the State Administration Coalition and the formation of the new government "was based on a clear and detailed program agreed upon by all parties," stressing that "the entitlements of the Kurdistan Region are a legitimate right of the people of Kurdistan, and part of the program that was agreed upon."

As for the head of the Sovereignty Alliance, Khamis Al-Khanjar, he confirmed in a tweet on Twitter, on Wednesday (January 25, 2023) in response to the decision of the Federal Court, that the national forces have made great efforts to achieve "a reasonable level of stability", and no institution can "put this stability under threat again", stressing that "Kurdistan is our people and their livelihoods cannot be touched
 

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Kurdish forces rise up after the decision of federalism and withdrawal from the political process is one of the options (video)

Kurdish forces rise up after the decision of the federation and withdrawal from the political process is one of the options (video) | | Policy Dijlah Satellite Channel

 

 

 

 - 28-01-2023 09:04 PM - Views: 3052

 

 

 

 

 

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Deputy talks about the court's decisions regarding the region's funds and identifies solutions

Posted 57 seconds ago

 

MP talks about court decisions on the region's funds and determines solutions - Iraq News (iraqakhbar-com.translate.goog)

 

News Source /Al-Sumaria Channel

 

Al-Baldawi said in his speech to the program (Balmkhzal) broadcast by Al-Sumaria TV, that “the decision of the Federal Court on the Kurdistan crisis must be respected regardless of whether it is of benefit or not,” noting that “the judiciary is the impregnable dam that has preserved Iraqi sovereignty.

 

 

He added that "challenging the legitimacy of judicial references is a demolition of the Iraqi government," stressing "the need for the region and the central government to reach a constitutional agreement."

He continued: "There are agreements between the political blocs in the state administration alliance and reached the optimal solution, which is to give money 460 thousand barrels to the region with the extraction of the amounts that it has paid and this agreement to draw the right policy," noting that "the regional government is committed to paying the amounts to its employees."

And he pointed out, “We are not in favor of preventing money from being sent to the region, but the Federal Court considered the legality and constitutionality of sending it,” noting that “there are sums owed by the region, which occurred with the (TBI) bank seven years ago and must be paid to the federal government.” .

Al-Baldawi explained, "The political leaders should leave the tweets and go to search for the region's and other provinces' dues by knowing what they owe and giving them their dues from the budget."

And he stressed that “the Democratic Party will not withdraw from the political process because they are part of it, and if the matter is done, they will be the first to be harmed,” adding: “Sitting at the dialogue table with the state administration coalition is the best solution, by reaching outputs that we will take to the Federal Court, and this It is everyone's need.”

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KDP condemns Federal Court decision and calls for speedy approval of oil and gas law

Posted a minute ago

 

The Kurdistan Democratic Bloc condemns the decision of the Federal Court and calls for speeding up the approval of the oil and gas law - Iraq News (iraqakhbar-com.translate.goog)

 

News Source /Noon Agency

 

The Kurdistan Democratic Party (KDP) bloc in the Iraqi parliament on Saturday denounced the decision of the Federal Supreme Court (the highest judicial authority in the country) to unconstitutional the sending of funds to the region by the federal government to finance the salaries of employees in Kurdistan, calling at the same time for the need to legislate the oil and gas law within the framework of resolving disputes and outstanding issues between Erbil and Baghdad.

In a statement read by its president, Vian Sabri, in a press conference held today, the bloc expressed its deep regret for the recent decision of the Federal Court to prevent the disbursement of financial dues to the Kurdistan region, as we were and still call for all state institutions, including the judiciary, to be agents of rapprochement and understanding in order to support political stability in the country.

She added that the Federal Court is supposed to take into account the difficult political conditions that have passed in the country, and to support the understandings, commitments and positive environment between the federal government and the regional government with a decision that takes into account the rights of all components and the spirit of the constitution and justice, and not to be a decision in form and content that targets the sustenance and livelihood of our citizens in the region Kurdistan.”

Sabri also stated, "The new government was formed with the support of the political forces affiliated with the State Administration Coalition and in accordance with understandings and commitments based on the principle of confirming coordination between the federal government and the regional government on related files and decisions." to the Kurdistan region and avoiding any escalatory measures against the region, and that constitutional legislative treatments are developed with regard to the budget, oil, Article 140 and others," adding that "this latest decision was contrary to those understandings and commitments, which constitutes a dangerous turning point for the entire political process."

"Hence, it has become imperative for all of us to work to correct the course," she said, calling on "all political forces to unify positions to support the commitments agreed upon in the political working paper and the ministerial curriculum and to reject the policy of starvation practiced against our citizens in the Kurdistan region.”

Sabri also called for speeding up the legislation of the oil and gas law and the law of the Federal Court and the Federation Council, as stated in the constitution.

On Wednesday, January 25, 2023, the Federal Supreme Court ruled that it is unconstitutional for the Federal Council of Ministers to send sums of money to finance the monthly salaries of employees and workers in the public sector in the Kurdistan Region.

The President of the Kurdistan Region, Nechirvan Barzani, considering the decision of the Federal Court that it is illegal for the Iraqi government to send the salaries of the region's employees unfairly, pointing out that this decision targets the political process and the political agreement on which the new Iraqi government was formed.

In turn, the Kurdistan Regional Government described the decision as “unfair” and a flagrant violation of the constitution and contrary to the agreement to form the Iraqi government, while calling 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.

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Kurdistan region, oil and gas and neighboring Turkey, but show us your money Iraq Federal Court!!!

Posted 5 seconds ago

The Kurdistan region, oil and gas, and neighboring Turkey, but see it: Is your money, Iraq, a federal court!!! (iraqakhbar-com.translate.goog)

 

 

News Source /News

News Source /

 

Kurdistan lacks gas production a lot and the closure of border crossings for smuggling led to sympathy and embracing Turkey to sustain the growth of resources??? Indian movie and the translator is Chinese

 

On Monday, the head of the “Kar” group of companies, Baz Karim Barzanji, revealed information about gas production in the Kurdistan region. 

 

Barzanji said in an interview with Voice of America Radio - the Kurdish section, followed by “Nass Kord” (March 21, 2022), that “the current gas pipeline that the Kurdistan Regional Government intends to build and implement will allocate 100% to the region’s infrastructure,” adding that “the first stage 100% of the region’s infrastructure has nothing to do with exporting gas outside the Kurdistan Region of Iraq.” 

 

He continued, "The amount of gas produced by the Kurdistan region is not much and is not for export; Because it is used to meet the internal needs of the region,” adding, “We need 950 million square feet of gas, and now we produce 550 million square feet from Kurdistan, and the Dohuk power station still has not received the gas.”

 

A press report had highlighted the legal and logistical difficulties facing the transfer of Kurdistan's gas to Turkey in conjunction with the crisis caused by Tehran by cutting off the gas from Ankara. 

 

According to the report published by the British website Middle East Eye and titled “Transferring Iraqi Kurdistan’s Gas to Turkey... Easier Said than Done,” followed by “NAS” (March 1, 2022), “Despite the legal challenges, the Kurdistan Regional Government of Iraq is working to Plans to transfer Kurdistan’s gas to Turkey after it concluded an agreement with Kar Group to build a new gas pipeline from Sulaymaniyah to Erbil first, and then to Dohuk, within the next 16 months for the local production of electricity.” 

 

The report added, "Iran cut off gas supplies to Turkey for reasons that were not convincing, which made Ankara intensify its search for an alternative, and seeks to import natural gas from the Kurdistan region of Iraq, but it is not an easy task from a practical and legal point of view."   

 

The report pointed out that Iran cut off gas supplies to Turkey last month, January, blaming it for a technical error in the pipeline, and Ankara found itself faced with a dilemma: either to prevent gas supplies to residential areas at a time when severe winter weather was hitting the country. In it, or stop supplies to the industrial areas.    

 

In the end, the Turkish government reduced the flow of gas to the industrial zones by 40%, effectively stopping some companies' production for 72 hours. After a protest and intense diplomatic pressure, Iran resumed supplies before the tenth day of the deadline promised by Tehran.

 

The report adds, “It is true that natural gas supplies have returned to normal, but questions remain about Iran’s reliability. Many insiders in Ankara do not believe the excuses for Iranian imbalance, and believe that Tehran preferred to use gas for its internal consumption.

 

He indicated that this was the reason why Turkish President Recep Tayyip Erdogan met with the President of the Kurdistan Region of Iraq, Nechirvan Barzani, earlier this month, February. Erdogan asked his Kurdish counterpart to help import gas from the largely untapped reserves of Iraqi Kurdistan, estimated at 25 trillion cubic feet.

 

We welcome the report, the idea faces many legal and technical obstacles, after the Federal Supreme Court in Iraq canceled this week a law related to oil and gas dating back to 2007, which granted the Kurdistan Regional Government the authority to independently manage the sector’s energy resources, including the issuance of licenses and exports. The ruling also declared all current Kurdistan Region contracts void.

 

Two senior Turkish officials told MEE that Ankara had intended to discuss the issue with Baghdad first, even before the court's decision. One of them said, "We know that this is something we have to talk about with the Iraqi government and get its approval, so the recent court ruling is not important, but the implementation will not be easy either."

 

Plans to transport the gas to Turkey are ongoing 

 

The report indicated that despite the legal challenges, the Iraqi Kurdistan Regional Government is working on plans to transfer Kurdistan's gas to Turkey. The Erbil-based government last week struck an agreement with Kar Group to build a new gas pipeline from Sulaymaniyah first to Erbil, and then to Dohuk, over the next 16 months, for local electricity production.

 

The pipeline will also bring infrastructure within 35 km of the Turkish border, opening the door for future export plans.   

 

Gokhan Yardim, former general manager of the Turkish state-owned company Botas, which is active in pipelines and trading in oil and natural gas, said that Kurdish gas is a great opportunity to meet Turkey's growing energy needs.    

 

He told MEE: “Botas has already built a gas pipeline to the Iraqi border, the Turkish infrastructure is ready. The other end of the border is smooth, it won't take much time to build a pipeline.

 

Iraqi Kurdistan currently uses about 440 million cubic feet of gas per day to generate electricity from the Khormor and Chemchemal fields. The Emirati company, Dana Gas, said last year that it plans to increase production by 60% and reach 630 million cubic feet per day by 2023.

 

Ali Arif Akturk, a veteran energy consultant, told MEE: “The current production is not enough for Turkey. There is a need to work in other gas fields such as Miran and Bina Bawi, which contain acid gas, which in turn contains a high level of hydrogen sulfide, which is toxic.”

 

Iraqi Kurdistan officials believe that at least $4-5 billion is needed to start production in these fields and desalinate the gas.   

 

Genel Energy, a Turkish-British energy company, has already spent nearly $1.4 billion on the Miran and Bina Nawi gas fields. The Kurdistan Regional Government terminated the contracts last year, prompting the company to file a lawsuit against the decision

 

 

 

    WikiLeaks published emails that revealed proposals for Turkey to buy shares of the largest oil fields in the Kurdistan region in return for about $5 billion in direct financial aid.

 

Erbil - With his government drowning in debt, the Kurdistan region's oil minister made a bold offer to his Turkish counterpart to buy huge stakes in the region's main oil and gas fields for about $5 billion.

 

In a memorandum issued on March 19, 2016, the Minister of Natural Resources in the Kurdistan Regional Government, Ashti Hawrami, admitted that the volume of Turkish debts owed by the Kurdistan Region amounts to more than one billion dollars, and asked the Turkish Minister of Energy, Berat Albayrak, to reduce the value of those debts, saying that “the Kurdistan Regional Government Kurdistan needs financial aid from the Turkish side.”

 

This note is part of a huge collection of emails that were recently stolen from Albayrak's personal account and published on WikiLeaks. These messages give us new insight into the depths of the financial crisis in the Kurdistan region, including late payments to Turkey, and open a window of secret negotiations to deepen the adoption of The KRG sees Turkey as the guarantor of the region's long-term economic health.

 

“These messages show the actions of the KRG minister who seeks to protect the government’s economic interests in a period of economic crisis,” the Kurdistan Region’s Ministry of Natural Resources stated in a written statement to the Iraqi Oil Report, adding, “No results were reached from those negotiations until right Now."

 

Ankara and Erbil began their strategic energy partnership on November 27, 2013, and many agreements were signed, and the Turkish government not only facilitated the exports of the Kurdistan region by building a pipeline outside the authority of the Iraqi government in Baghdad, but also purchased large quantities of gas, It has authorized its subsidiaries in the region to invest up to 13 oil and gas exploration blocks.

 

Soon after, a series of crises occurred in the Kurdistan region, as the then Prime Minister Nuri al-Maliki cut off the transfers of the federal budget at the beginning of 2014 - the main source of income -; Due to the region’s independent export of oil, as well as the filing of lawsuits against buyers of crude oil from the Kurdistan Regional Government and the Turkish BOTAS company that built the pipeline, and after several months of those events, ISIS emerged and took control of large parts of northern Iraq, followed by the collapse of oil prices. global oil.

 

The process of developing oil fields in the Kurdistan region stopped due to economic crises. However, the regional government continued to export crude oil through the pipeline to Turkey. The revenues were not sufficient to pay the salaries of employees in the public sector, in addition to supporting this huge investment mentioned in the Turkish energy protocols. As a result, the KRG accumulated debts running into the billions of dollars.

 

Hawrami's attempt - in his memorandum to Al-Bayrak - was clear in his endeavor to consolidate bilateral relations between the two sides. To alleviate the financial distress faced by the Kurdistan Regional Government, and in a statement by the Ministry of Natural Resources in the Kurdistan Region: “This was part of the 2013 agreements, and with the full knowledge of the Prime Minister of the Kurdistan Regional Government.”

 

The KRG's proposal was to offer Turkey shares in three of the largest oil fields in Kurdistan: Tawki, Taq Taq, and Shikan, in exchange for Turkey waiving $1.15 billion in outstanding loans and more than $514 million in back pipeline fees.

 

Hawrami outlined three different modalities that would get Turkey to inject additional liquidity amounting to more than $3.7 billion that would be used to settle a variety of other urgent financial obligations.

 

Another official familiar with Hawrami's proposal said that no final agreement had been reached yet, and confirmed that the outlines of the negotiations had evolved significantly since last March.

 

WikiLeaks showed that the KRG's offers were not accepted but negotiated, and despite his relatively weak position in the negotiations, Hawrami was trying to strike a hard bargain.

 

(Iraqi Oil Report) sought to obtain a statement from all the individuals and companies whose names were mentioned in the article, but - with the exception of the written statement from the Ministry of Natural Resources in the Kurdistan Region - they refused to make any statement or did not agree to interview requests.

 

The financial crisis:

 

The offers made to Turkey—described in Hawrami's letters—shed new light on the KRG's debt and government finances.

 

While the accumulated debts of the KRG are known to all - which the (Iraqi Oil Report) estimated earlier at about $ 25 billion to a wide range of creditors - the government itself has not announced its outstanding bills or the percentage of accumulated debts.

 

Hawrami's memorandum indicated the government's most immediate priorities; In the beginning, he mentioned their need for three loans from Turkey: a soft loan of about $500 million, and two subsequent loans of about $500 million and $150 million at an interest rate of 6%.

 

Hawrami also acknowledged that the KRG had not paid Turkey for their use of the export pipeline to Ceyhan port and accumulated debts to the tune of $514 million to the Turkish Energy Corporation (TEC). Hawrami sent a financial document with his proposal stating the pipeline's tariff price of $3.50 per barrel. More than double what the Federal Ministry of Oil in Iraq pays for export through the same pipeline, which is $1.18 per barrel.

 

Hawrami also wrote in his memo that the KRG needs $800 million to pay public works contractors to get back to work, and another $700 million to clear the contractual debts of Crescent Petroleum and its partner Dana Gas (CPDG), which operate in the Khor Mor gas field. CPDG Consortium sued KRG; Due to late financial dues, they obtained more than two billion dollars through the decision of the International Court of Arbitration in London, in addition to the debts owed to the Kar Group (KAR) - the local energy company that operates in the Khurmala Dome, an oil field located in Kirkuk - which amounted to 688 million dollars. Hawrami added in his note that the Kurdistan Regional Government also needs $540 million to stabilize the dysfunctional budget in the region.

 

Finally, Hawrami mentioned that the KRG needs $750 million to build pipelines to connect the newly developed oil fields to the crude oil export pipeline, and to build a new gas pipeline for export to Turkey. Earlier this month, Baz Karim, head of Kar Group, said in An interview with (Iraqi Oil Report) that he is waiting for the approval of the Ministry of Natural Resources in the Kurdistan region to increase the capacity of the export pipeline from Kurdistan from about 700 thousand barrels per day to one million barrels per day.

 

The list of debt and spending priorities is remarkable; This is partly because Hawrami has made it clear that the KRG's current sources of income are not sufficient to meet its obligations. The total value of KRG oil exports from January to August is less than $3.5 billion - according to an analysis (Iraqi Oil Report) of Ministry data. Natural resources in the Kurdistan region - these revenues were not enough to cover the basic operating expenses of the Kurdistan Regional Government, as well as to pay off large debts.

 

Double debt reduction:

 

Hawrami's memorandum last March presents a detailed series of proposals. The first: He proposed granting the region's share of 20% of the revenues from the Taq Taq, Tawki, and Sheikan fields in return for relieving the region of debts totaling $1.67 billion. This arrangement would help the government of Kurdistan region in reducing its debt burden, as well as ending future contractual obligations to the region, and shifting capital spending requirements to Turkey.

 

In addition to debt relief, Hawrami seeks aid amounting to $374 billion, as he wrote in the memorandum: “There are 3 options that the Turkish side can take into account in expanding its support for the Kurdistan Regional Government.” The first option includes: Ankara providing more It is an unsecured but cost-effective soft loan. The second option is for the KRG to receive the same huge loans in exchange for agreeing to link debt repayments from the oil-producing fields in Kurdistan with minimum rates of return by the KRG. The option is proposed. The third is for the Turkish side to rely on long-term business interests to invest in conducting more projects in return for the region receiving cash payments in advance.

 

If Turkey pursues the latter option, the Turkish Energy Corporation (TEC) could become the most prominent player in the KRG's energy sector, receiving about 320,000 barrels per day; Which is equivalent to half of the oil production capacity under the control of the Kurdistan Regional Government currently, and the proposal makes an offer for Turkey to have a share in the project to develop the two gas fields of Miran and Bina Bawi for $ 1.9 billion, in addition to granting Turkey a 50% interest in the Khurmala dome field, meaning: what Equivalent to $1.15 billion.

 

The growth in fiscal expenditures is likely to give Turkey a strong incentive to keep investing - and funding - in the KRG.

 

Hawrami also wrote in the memorandum: “The relationship between the two parties is strategic, not financial or economic, and the strength of this relationship will continue even after the end of any joint projects.”

 

Hard deal:

 

The revelations about Hawrami's efforts to boost relations with Ankara are likely to spark a political debate within Kurdistan, as rivals of the KDP have voiced criticism of the energy relationship with Turkey.

 

Hawrami foresaw possible repercussions for the offer to Turkey, writing in his memo to Albayrak: “Both sides should feel proud of this deal, and be able to defend the results that will come from it.” But Hawrami apparently did not want to sell the stakes cheaply; He used appropriate metrics to calculate the value of the assets he marketed, and suggested guaranteed and modest rates of return for Turkey.

 

A former official in the Kurdistan Regional Government said: “Hawrami is conducting difficult negotiations, and the reserves estimates that he expects are in line with what the public companies expect, but his expectations for oil prices are very aggressive, if he tries to make this investment look like a very safe bet.”

 

The emails released by WikiLeaks do not contain evidence of further conversations, and the messages do not indicate Turkey's interest in the Khurmala Dome fields or the gas assets in the Miran and Pina Bawi fields.

 

“Obviously Turkey wants to play a bigger role, but it doesn't know exactly what it wants to achieve,” said a former KRG official. “The discussions are going at a slow pace, and it's a tough bargain.”

 

Strained relationships:

 

By May, it was clear that the two sides had not reached an agreement on how to settle unpaid dues from the pipeline, let alone a broad agreement to increase Turkish investment; As a result, the Turkish leaders froze the account of the Kurdistan Regional Government in the government (Khalkbank), which was a repository for hundreds of millions of dollars in oil revenues, and aggressive measures were taken during the period of e-mail exchange between Hawrami and the general manager of the Turkish Energy Company (TEC) Ahmet Turkoglu, as The latter sent a letter to Hawrami requesting payment of the overdue pipeline fees, to which Hawrami replied that he questioned several aspects of the financial dues he had requested, and then indicated that any discussion of those debts had to take place within the framework of wide-ranging negotiations.

 

Hawrami wrote in an e-mail on May 15: “We will be very happy to deal with all these matters once we restore the comprehensive picture of the relationship between the two parties and return it to its former state.” For the sake of the well-being of the region and our bilateral relations, we are seeking to set up a meeting with them to understand the reasons behind this decision.

 

Turkoglu - in response to Hawrami - issued a warning to them, writing on May 14: “Your party was unable to pay the financial dues on time and was unable to reach agreements on mechanisms such as transferring shares and others. Failure of the two parties to abide by the agreements may lead to Damage to the structure stipulated in the agreement, as well as the failure of the important strategic relations between us.

 

Hawrami responded by suggesting that Türkoğlu was talking about things above his true status, saying: “Sorry, I thought that such matters need to be dealt with at a much higher level.” Hawrami also wrote: “Please don't think we are indifferent. These issues are much more complex than that, and there is more at stake than you might think.”

 

Davutoglu sent Hawrami's e-mails to Tahsin Yazar - a close advisor to Albayrak - who in turn sent them back to the Minister of Energy himself. Albayrak responded to Hawrami in a way that puts pressure on the Kurdistan Regional Government to pay the accumulated financial dues.

 

Several emails show that Yazar participated directly in writing a letter to the government (Khalq Bank) to freeze the accounts of the Kurdistan Regional Government. Freeze it until the financial dues for the pipeline tariff are paid.” The messages were sent between May 19 and May 25.

 

The freezing of financial accounts hardly affected the KRG, as oil traders deposit in accounts controlled by the KRG in Commerzbank - which is located outside Turkey - and the Turkish energy company cannot try to force them to pay directly, but the freeze highlighted The tension in relations between the two parties, which was once one of the strongest relations in the region, served as a reminder of the Turkish influence in the region, including its control of the Kurdistan Regional Government through the only export pipeline.