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


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Report: The withdrawal of the Kurds from the government coalition in Baghdad is possible
 

Baghdad - Nas  

The Federal Court's decision to annul all government decisions related to transferring funds to the Kurdistan region, which was issued last Wednesday, is still a source of criticism and anger from Kurdish political parties and figures, especially those close to or associated with the "Kurdistan Democratic Party", which is led by Masoud Barzani, and it is not excluded That would lead to the withdrawal of the Kurds from the State Administration coalition, according to a report by the London-based Asharq Al-Awsat.  

  

 

  

A report by the newspaper, followed by "Nass", (January 29, 2023), indicated that the strong and sharp responses to the court's decision came from the Kurdistan Democratic Party led by Barzani, given that this party has controlled the regional government in Erbil for years, and is considered the most influential among the Kurdish parties. In terms of hegemony over the centers of influence, it surpasses its traditional rival, the National Union Party. Hence, the decision to prevent the transfer of funds reflects negatively mainly on this party, through which the Barzani family controls its grip on the presidency of the region and the ministers.  

  

The report referred to the attack of the second deputy speaker of the Federal Parliament and a leader in the "Democratic Party", Shakhwan Abdullah, on Friday evening, against a political "party", which he did not name, accusing it of directing "orders to the Federal Court to issue the verdict."  

  

And Abdullah said, in a statement, that “the authority 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 one that ordered a deputy to sign a lawsuit against Kurdistan’s dues and submit it in his name without reading its content.”  

  

And while Abdullah did not reveal the concerned party referred to, the head of the “Democratic Party” bloc in the Federal Parliament, Vian Sabri, said in press statements yesterday, “The League of the Righteous Movement (Ahl al-Haq) is the party that welcomed the court’s decision against the dues of the employees of the Kurdistan region.” openly and clearly.”  

  

Abdullah added that «the aforementioned authority is the same who ordered the Federal Court to make its decision to accept the case, and to prevent the region's dues from being sent without any right. Likewise, it is the same one that caused the dollar’s exchange rate to rise 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 the danger and the threat to their interests."  

  

Abdullah believed that the political party (Asa’ib) “seeks to destabilize, create problems and crises, and target the national interests that bring together the components of the people.” He expressed his "astonishment at all of this, as the tools of this party are part of the state administration coalition."  

  

The London-based newspaper quoted the possibility of the "Democratic Party's withdrawal" from the "State Administration" coalition, which consists of about 140 deputies distributed among the various Shiite, Sunni and Kurdish political blocs, led by the Shiite "Coordinating Framework".  

  

They attribute the possibility of the “Democratic” withdrawal due to the consideration that the basic agreement under which the party entered into the aforementioned alliance was based on its essential demand for federal funds to arrive regularly in the region, but with the new Federal Court decision, “there is no longer any justification for the party remaining within a political alliance that does not take Considering the Kurdish interests, it does not achieve any economic or political goal for the Erbil government.  

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Parliamentary Finance: The recent decision of the Federal Court on the Kurdistan Region hindered approving the budget

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2023-01-29 03:08
 

 

Shafaq News/ Member of the Parliamentary Finance Committee, Ikhlas Al-Dulaimi stated, on Sunday, that the decision of the Federal Supreme Court ruling that sending funds to the Kurdistan Region is unconstitutional has obstructed the proceeding with voting on the draft financial budget law for the year 2023 by the federal government.

Al-Dulaimi said, in a statement to Shafaq News agency, that the main reason for the delay in sending the draft general budget law to the Council of Ministers is that it is based on 246 trillion dinars, with a deficit rate of 75 trillion dinars.

 

 

 

He added that this financial deficit contradicts the financial management law, which sets the deficit rate at 3% of the budget, indicating that the government has put a paragraph in the budget law that excludes it from this matter.

Al-Dulaimi also confirmed that the price of one barrel of oil in the budget law was calculated at 65 dollars.

A member of Parliamentary Finance indicated that the Council of Ministers was scheduled to receive the budget law at the end of this month, but that did not happen due to the large amount of money in the deficit, and at the same time the government is looking for a solution to this deficit. The Federal Supreme Court issued its last decision, which had a negative impact. To proceed with the vote on the budget bill.

Al-Dulaimi continued by saying that the government, after it was dealing with one problem now, is facing the challenges of how to approve the budget law in light of the Federal Court's decision on the unconstitutionality of sending funds to the Kurdistan Region.

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.

It is noteworthy that the financial budget for the past year 2022 was not approved by the Council of Ministers and the House of Representatives due to the turmoil that Iraq witnessed after the early elections in October 2021, which escalated to dangerous levels that ended with the events of the Green Zone, with armed confrontations between supporters of the Sadrist movement and the security forces, which claimed lives. Dozens and hundreds injured.

After the end of the crisis, with the agreement of the political blocs to elect the President of the Republic and to grant confidence to the government of Prime Minister Muhammad Shia’a al-Sudani, the latter pledged that he would present the draft federal budget law for the year 2023 as soon as possible.

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Al-Fatah talks about the possibility of a "political settlement" to the decision to prevent the sending of funds to the region

| Policy Today, 14:12 | 

 
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Baghdad Today - Baghdad

The head of the Fatah parliamentary bloc, Mahdi Amerli, said on Sunday that the decision of the Federal Court is binding on everyone and the matter of financial payments cannot be settled politically.

Amerli told Baghdad Today that "the decision of the Federal Court is binding on everyone and the matter of financial payments cannot be settled politically, and therefore no one can be above the law, and therefore the Kurdistan region is required to deliver its oil to Baghdad."

He added that "there is no one above the law, and the court's decision is binding on the government, parliament and the region, it is not correct to break the decision of the Federal Court and therefore its decision is valid," noting that "the Kurdistan region must be subject to the decision of the Federal Supreme Court."

On Saturday, the KDP bloc issued a statement on the Federal Court's latest decision, noting that it violated the "state administration" agreements.

A statement by the bloc received by (Baghdad Today) stated 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."

He 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."

The statement explained that "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 "we must all 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."

According to the statement, the bloc 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."

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The holy governorate of Karbala witnessed a stand of solidarity called for by the gentlemen, sheikhs and dignitaries of the holy governorate of Karbala, who expressed their full solidarity and support for the recent decisions of the Federal Court and regarding the illegality of the decisions of the Council of Ministers to transfer funds to the Kurdistan region of Iraq

According to a statement by the House of Representatives office in the holy Karbala, which received the solidarity stand, the sadat, sheikhs and dignitaries of the holy Karbala governorate declared their solidarity and support for the recent decisions of the Federal Court and regarding the illegality of the Council of Ministers' decisions to transfer funds to the Kurdistan region, indicating that the director of the office, the legal advisor, Abbas Fadel Al-Kambar, confirmed that the statement will be made Deliver it to the representatives of Karbala Governorate under the dome of Parliament and to the Presidency of the Council of Representatives

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Parliamentary Finance: The Federal Court's recent decision on the Kurdistan Region obstructed the adoption of the budget

 
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Shafaq News / A member of the Parliamentary Finance Committee, Ikhlas Al-Dulaimi, said on Sunday that the decision of the Federal Supreme Court to unconstitutionally send funds to the Kurdistan Region caused obstruction of the vote on the draft fiscal budget law for the year 2023 by the federal government.

Al-Dulaimi said in a statement to Shafaq News Agency that the main reason for the delay in sending the draft general budget law to the Council of Ministers is that it is based on 246 trillion dinars, with a deficit of 75 trillion dinars.

 

 

He added that this financial deficit contradicts the Financial Management Law, which sets the deficit rate at 3% of the budget, indicating that the government has put a paragraph in the budget law that excludes it from this matter.

Al-Dulaimi also confirmed that the price of one barrel of oil in the budget law was calculated at $ 65.

The member of the parliamentary finance indicated that the Council of Ministers was scheduled to receive the budget law at the end of this month, but this was not done due to the large amount of money in the deficit, and at the same time, the government is looking for a solution to this deficit, the Federal Supreme Court issued its latest decision, which negatively affected the vote on the budget bill.

Al-Dulaimi continued by saying that the government, after addressing one problem now, is facing the challenges of how to pass the budget law in light of the Federal Court's decision on the unconstitutionality of sending funds to the Kurdistan Region.

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.

It is noteworthy that the fiscal budget for the last year 2022 was not approved by the Council of Ministers and the Council of Representatives due to the turmoil that Iraq witnessed following the early elections in October 2021, which escalated to dangerous levels that ended with the events of the Green Zone with armed confrontations between supporters of the Sadrist movement and the security forces, which killed dozens and injured hundreds.

After the crisis ended with the agreement of the political blocs to elect the President of the Republic and give confidence to the government of Prime Minister Mohamed Shia Al-Sudani, the latter pledged that he would submit the draft federal budget law for the year 2023 as soon as possible.

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Al-Sumaria opens the file of sending money to Kurdistan with the President of the Federal Court

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Judge Abboud said in an interview with Alsumaria News Agency, "The Federal Supreme Court represents the interface of the constitutional judiciary in Iraq, externally and internally, and with regard to what was relied upon in its decision No. (170 / Federal / 22) on 1/25/2023, it relied on articles Constitutional and legal, as for its reliance on violating decisions that were ruled invalid, since Article 80 of the Constitution of the Republic of Iraq for the year 2005 stipulated, according to what was stated in the third item thereof (that the Council of Ministers exercises the powers specified for it under the constitution, including issuing regulations, instructions and decisions with the aim of implementation of laws) and therefore any system, instructions or decision contrary to the law loses its constitutional legitimacy.

 

 

He added, “Based on the provisions of Article 93 of the Constitution of the Republic of Iraq, which stipulates that the Federal Supreme Court has jurisdiction to adjudicate cases arising from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority, and the law guarantees the right of each of the Council of Ministers and concerned individuals and others to the right The direct appeal to this court, and in light of that, the Federal Court considered that case in the light of the aforementioned jurisdiction.

 

And he continued, “And since what was stated in the decisions of the Council of Ministers in question is in violation of the provisions of Article 17 on first on b of the Federal Financial Management Law No. 6 of 2019, which stipulates that the advance account may not be used for spending on any purpose unless the necessary allocation is available in the budget. What covers the aforementioned exchange?

 

He explained, “Also, these decisions are in violation of the provisions of Article 27 on Fifth of the Federal Financial Management Law, which stipulates that” the Ministry of Finance shall download the sums resulting from the failure to transfer ministries, the region, or governorates that are not affiliated with the Kurdistan region for oil and gas revenues and other annual funding. 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 federal government and the Kurdistan Region for the years from 2004 to 2020, and for the failure to implement what was stated in Articles 17 on first on b of the Federal Financial Management Law No. 6 of 2016 And Article 27 on Fifth of the same law, i.e. the Federal Financial Management Law, and due to the failure to implement what was stated in Article 11 of the Federal General Budget Law of the Republic of Iraq for the fiscal year 2021, this court has reached a conclusion that the decisions issued by the Council of Ministers are the subject of the case, which ruled that they are not valid. A violation of those articles, and therefore these decisions become, as a result, a violation of the constitution, given that the Council of Ministers is mandated, according to Article 80, to issue regulations, instructions, and decisions with the aim of implementing laws and not with the aim of violating laws.

 

The President of the Federal Supreme Court indicated that "based on the provisions of Article 94 of the Constitution of the Republic of Iraq for the year 2005, the decisions of the Federal Court are final and binding on all authorities."

In response to a question from Alsumaria Agency, which stated, “After the issuance of the decision, what will be the consequences of the Kurdistan region,” Judge Abboud stated, “It is constitutionally known that there is no law for any action or omission by any authorities if that is a constitutional violation, and that constitutional violation is considered a violation.” For the highest legal rule in Iraq and the Constitution of the Republic of Iraq for the year 2005, therefore, this court issues its decisions and the competent executive authorities must commit to implementing its decision in accordance with what was stated in Article 94 of the Constitution. In the event of non-compliance with Article 94 of the Constitution, then there becomes a constitutional violation and a violation of the Constitution

In answer to the question: In the event that the Kurdistan region is not obligated to return what they owe, will the Federal Court intervene again? The President of the Federal Supreme Court stated that “the court exercises its knowledge in the light of the lawsuit that is brought before it and gives its opinion on the decision issued as a result of the lawsuit, and it is not within the competence of this court to give An opinion without the existence of a case pending before it.

Judge Abboud concluded the interview by saying, “This decision is binding on all authorities, and all authorities, according to the constitution, must abide by its implementation and abide by its provisions. Therefore, failure to implement the decision means non-application of Article 94 of the constitution, and we are facing a constitutional violation.”

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Consensus before approving the budget may save the "state administration" from disintegration

 
Despite the positive atmosphere that prevailed in the meetings and meetings between Baghdad and the Kurdistan Region officials, the recent decision of the Federal Court came to put the stick in the wheel of negotiations between the federal government and the Kurdistan Region to resolve the outstanding problems between them, and raise a storm of criticism against cutting the salaries of the employees of the Kurdistan Region.
 
The Federal Court ruled 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), which were related to sending one trillion and three billion dinars (200 billion dinars per month for five months, and 3 billion dinars to compensate those affected by the floods), are incorrect, as they are contrary to the constitution."
 
The Federal Court, based on a lawsuit by MP close to the Coordination Framework for Basra Governorate, Mustafa Sanad, decided to annul all Iraqi government decisions to transfer funds to the Kurdistan Region, related to financing the monthly salaries of employees and workers in the public sector.
 
MP Mustafa Sanad, published on (January 25, 2023) a video clip on his Facebook page, 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", to meet a storm of condemnation from Kurdish and Iraqi parties, as the issue affects the dues of the employees of the Kurdistan Region and other segments waiting for Baghdad to send financial dues, in light of the non-approval of the budget for 2022 as well as its failure to reach the Council Iraqi MPs until the time of preparing this report.
 
President Massoud Barzani called on the Iraqi government and the constituent parties of the State Administration Coalition to show their positions towards the violations of the Federal Court against the interests of Iraq and the Kurdistan Region, noting 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, and 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 President of the Kurdistan Region, Nechirvan Barzani, explained in a statement that the decision "does not target salary recipients and the people of Kurdistan who are Iraqi citizens only, but also targets the entire process and political stability, and the agreement under which the formation of the new Iraqi federal government," stressing that the issuance of the decision at this time "raises doubts and poses many question marks, as well as the issue of urgency in issuing a new law to reconstitute the court as an important and main part of the agreement concluded between the political parties to form the federal government." The new Iraqi."
 
While the second deputy speaker of parliament, Shakhwan Abdullah, launched a severe attack on a political party, which he did not name, and accused it of directing orders to the Federal Court to issue the ruling, as he said in a statement, "The party that directed the Minister of Finance not to implement the decision of the Council of Ministers related to sending 400 billion dinars to the region, is the same one who ordered a deputy to sign a lawsuit against the dues of Kurdistan and submit it in his name without reading its content."
 
Exclusion of the judiciary from political agreements
 
In this regard, Mustafa al-Karawi, a member of the Iraqi parliament for "Ishraqa Canon" and a member of the parliamentary finance committee, told Rudaw Media Network that "the decision of the Federal Court is supposed to be binding on everyone, and the judiciary must be respected away from political disputes and agreements," warning that "if the judiciary is politicized, there will be chaos in the country."
 
Al-Karawi added: "We are with all the Iraqi people taking their dues, whether citizens in the Kurdistan Region, Basra or anywhere else in the country, but there must be respect for the constitution, the law and the judiciary directly," expressing his hope that "political forces do not enter the judiciary in their differences, so that if there are political agreements they must be outside the framework of the judiciary, so that there is no real chaos."
 
A member of the Parliamentary Finance Committee, Mustafa Al-Karawi, explained: "We are in favor of taking everyone his due, but within the controls, laws and the constitution," stressing the need to "achieve social justice for all citizens and segments in all Iraqi provinces within the framework of the constitution."
 
It is noteworthy that Iraq did not vote on the 2022 budget, due to differences between political parties, which followed the parliamentary elections.
 
The Iraqi Council of Representatives is waiting for the arrival of the draft budget law for Iraq for the year 2023 to the parliament hall, and disputes are likely to begin after the bill reaches the Finance Committee, due to the disagreement of political blocs and parties over the confirmation of their demands in the draft state budget law.

 

 

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Member of the Parliamentary Finance Committee Mustafa Al-Karawi
 
The 2023 budget is in the interest of all parties
 
For his part, the Euphrates Movement, led by Iraqi Prime Minister Muhammad Shia al-Sudani, saw that the 2023 budget will achieve the interest of all parties, noting that consensus on the budget will occur within the Council of Ministers, and then consensus within the House of Representatives, with the possibility of some simple observations that the Kurds may disagree on somewhat.
 
Regarding the Federal Court's recent decision on the dues of the Kurdistan Region, a member of the Euphrates Movement and former MP Ali Al-Ghanmi, a member of the Euphrates Movement and former MP Ali Al-Ghanmi, told Rudaw Media Network, "Before approving the budget or submitting it to the House of Representatives, we are witnessing such Kurdish positions and the size of the demands, some of which meet with a kind of rejection or reduction, and thus the endowment is somewhat convulsed."
 
"Understandings are reached when the budget is approved in a formula that does not affect the position of a particular party, and is in line with the requirements of the need, as well as with political conditions and how to develop the political position," al-Ghanmi said.
 
Ali Al-Ghanmi pointed out that "the political blocs that will vote on the budget within the State Administration Alliance, there is no clear opposition bloc that could raise some problems on the budget, and thus consensus will occur within the Council of Ministers, and then consensus will occur within the House of Representatives, except for some simple observations that the Kurds may disagree on somewhat, but they will be finally resolved in a way that does not provoke anyone's anger or that there will be prejudice against a particular party."
 
A member of the Euphrates Movement, stated that "before voting on the general budget for the year 2023, there will be differences in positions, but in the end things will be resolved in a way that achieves the interest of all."
 
It is noteworthy that the Kurdistan Region's share of the general financial budget in Iraq for the year 2021 was set at 11 trillion, 482 billion and 394 million dinars, which included 8 trillion and 161 billion dinars as operating expenses, 3 trillion and 271 billion dinars for investment, and 923 billion and 434 million dinars as governing expenditures.
 
The size of the Iraqi federal budget for the year 2021 was more than 101 trillion dinars, and the price of oil was estimated at $ 45 per barrel, but the price of oil later rose to almost double that price.

 

 

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Member of the Euphrates Movement and former MP Ali Al-Ghanimi
 
Fixing the agreement in the budget
 
In addition, a member of the Iraqi Council of Representatives, Muthanna Amin, stressed the need to confirm what was agreed upon when forming the Iraqi government in the general budget 2023, stressing the need not to transfer the problems between the federal government and the Kurdistan Region and to escape from them and confront them with an open mind that depends on the interests of the people and not the interests of the companies controlling oil.
 
MP Muthanna Amin told Rudaw Media Network that "what happened (the recent Federal Court decision on the dues of the Kurdistan Region) was expected, as politicians in the federal government and the Kurdistan Region bet on avoiding the real problems related to the budget and imports and transferring them to another period through some political deals and agreements."
 
MP Muthanna Amin pointed out that "it is wrong to bet on these agreements and deals to solve the problem of the budget and imports from the federal government and the Kurdistan Regional Government," adding: "I think that if the government is to continue, there must be calm and go to understandings in this regard, especially since the date of submitting the budget to the House of Representatives is near."
 
Amin explained that "what was agreed upon in the political framework when forming the government must be proven in the budget if the parties to this political agreement are serious about solving this problem and are serious about fulfilling the requirements of that political agreement on which the State Administration Coalition was formed."
 
MP Muthanna Amin predicted that "there will be no further escalation in the near future, but certainly with the budget, the debates with this issue will intensify," stressing the need "not to deport these problems and escape from them and confront them with an open mind that depends on the interests of the people, not the interests of the companies that control oil."

 

 

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Member of the Iraqi Council of Representatives Muthanna Amin
 
The Federal Court's decision raises fears that the KDP could withdraw from the "State Administration" alliance, which consists of about 140 deputies distributed among various Shiite, Sunni and Kurdish political blocs, and is led by the Shiite Coordination Framework forces.
 
It is noteworthy that the Kurdish and Sunni blocs had set a number of conditions in exchange for their entry into the "State Administration" alliance that were included in the ministerial curriculum that was later voted on by the parliament, while Iraqi Prime Minister Muhammad Shia al-Sudani sent a letter to all ministries of his government cabinet, in which he stressed his full commitment to the political agreement between the Kurdistan Region and Baghdad.
 
It is noteworthy that the fiscal year covered by the General Budget Law ends on December 31 of the same year, and the Financial Management Law, which stipulates the disbursement of one part of twelve parts of the actual expenditure in the previous year, is in force until the issuance of the new General Budget Law.
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ERBIL, Kurdistan Region - A court in Baghdad on Sunday issued a summons order for the second deputy speaker of the Iraqi parliament, Shakhawan Abdullah, following a statement he made criticizing the decision from Iraq’s top court to not pay the Kurdistan Region’s financial entitlements.

The Iraqi Federal Supreme Court on Wednesday ruled against the payment of the Kurdistan Region’s financial entitlements by Baghdad, claiming it violates the 2021 Iraqi Budget Law.

The decision was criticized by top Kurdish officials, including Abdullah, who accused “a party within the Running the State coalition” of directing the Federal Court to issue the recent decision against the Kurdistan Region, ordering the court to deem the Region’s oil and gas law “unconstitutional” last year, and being responsible for the fluctuation of the Iraqi dinar’s exchange rate with foreign currencies in recent months.

“Rest assured that there will be an end to the overstepping by the Federal Court,” said Abdullah in his statement.

The Iraqi Federal Supreme Court on Sunday said that Abdullah was being summoned for his “infringement of the judiciary authority’s independence, and his interference in the work of the Federal Supreme Court, his transgression of it, and the violation of the sanctity of its decisions contrary to the constitution and the law.”

The decision to summon Abdullah is in accordance with Article 229 of the Iraqi Penal Code which stipulates a detention period not exceeding three years plus a fine for anyone who insults a judge, court, or any body carrying out a legal function.

The 2021 Iraqi budget law was passed after months of contention over the Kurdistan Region’s share of the federal budget. 

Unable to reach a final agreement over the Kurdistan Region’s share of the budget and independent oil sales at the time, an agreement was made between both governments, where Baghdad would send 200 billion dinars ($125 million) monthly to the Kurdistan Region. 

The newly-formed Iraqi cabinet, headed by Mohammed Shia’ al-Sudani, recently approved the payment of 400 billion dinars ($250 million) to the Region for the months of November and December the last year, however the federal court decision forbids that from happening.

 
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Patriotic Union of Kurdistan ( PUK) leader Ghiath Al-Surji revealed on Sunday that the representative of the Kurdistan Democratic Party (KDP) in the Federal Court approved the decision to cut off monthly grants, calling on Baghdad and Erbil to open urgent dialogue to end the crisis.
Al-Surji said in a press statement, "The decision of the Federal Supreme Court is respected and cannot be bypassed, especially with the vote of representatives of the Union and the Kurdistan Democratic Party in the court on the decision."
He added that "the government ofBaghdad used to support the delivery of the region's monthly salaries in the amount of 200 billion dinars in order to pay them on time, but cutting them means that the regional government is unable to pay salaries again on time, and monthly salaries may be reduced every 45 days, which means 10 salaries per year or less.
Al-Sorji explained, "The simple employee is already suffering from a chronic economic crisis as a result of raising the dollar and reducing his salaries in the past period for several years, and that the delay in payment constitutes a knot in his life," noting that "it was more appropriate for the federation to wait for the end of the negotiations between Erbil and Baghdad in order to solve the crises instead Whoever pre-empted it with a decision that disturbed the budget negotiations.
The Federal Supreme Court had ruled last week to cancel the decisions of the Council of Ministers to send financial shares to the Kurdistan region.

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Parliamentarian on the framework: The decision of the Federal Court disturbed the atmosphere between Baghdad and Erbil
 

Baghdad - people  

The Parliamentary Finance Committee considered the reason for the government’s delay in approving the 2023 draft budget to Prime Minister Muhammad al-Sudani’s desire for the federal budget to match the government program, especially on the investment side, while he indicated that the recent Federal Court decision disturbed the atmosphere between Erbil and Baghdad.  

  

 

  

  

Mueen Al-Kazemi, a member of the committee representing the coordination framework, said in a statement to the official newspaper, followed by “Nass” (January 30, 2023), that “the Ministries of Finance and Planning completed the budget a month ago from now, but the delay in referring it to Parliament came with the Prime Minister’s directive for his desire that the budget be In line with his government program to meet actual needs, especially the investment aspect in projects implemented by the governorates and ministries.  

  

Al-Kazemi added, "Parliament is completing the election of a speaker, first and second deputy for many of its committees, including the Finance Committee, which will assume responsibility for reviewing the draft law and submitting it for the first and second reading, amending and approving it during the second month," noting that "the previous eternal disputes between the Kurdistan region and the federal government centered on the export of Oil is outside the system of the Federal Ministry of Oil, and without the control and supervision of the SOMO company responsible for oil marketing, in addition to the revenues of border crossings and taxes.  

  

He continued, "There are continuous dialogues that led to good results between the Kurdistan Region and the federal government, but the Federal Court's decision disturbed the atmosphere between the Kurdistan Region and Baghdad somewhat."  

  

 Regarding the government's measures regarding the rise in dollar prices, Al-Kazemi called on the Central Bank to "take measures regarding bank transfers outside Iraq for the benefit of importing merchants, in a way that contributes to putting them in a streamlined and simple manner."  

  

The representative of the Finance Committee saw "the possibility of easing the tax on merchants and customs to encourage them to enter the currency window and obtain what they need away from the parallel prices on the black market that lead to a rise in the exchange rate," noting that "there are some obstacles by the US Federal Bank that does not release Transfers are only after being audited, which led to the rejection of some transfers and their return to the central, which contributed to the scarcity of the dollar in the Iraqi market and the rise in its prices as a result of the rising demand for hard currency.  

  

Earlier, the President of the Federal Supreme Court, Jassem Abboud, said 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, followed by "NAS" (January 28, 2023), that "our decision regarding transferring funds to the Kurdistan region aims to build the state and prevent violating 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 salaries." Territory employees.    

  

He stressed that "the Council of Ministers cannot take decisions contrary to the Public Budget Law. Asking the court to delay the settlement of the case or to settle it in violation of the constitution and the law represents a violation of all judicial principles," noting that "fighting corruption requires real political intention and strategic plans."    

  

Abboud affirmed, "The prime minister has 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."    

  

He stressed that "our goal is to preserve the proper application of the constitution and not to prejudice the supreme interest of the country."    

  

The head of the Kurdistan Democratic bloc in the Iraqi parliament, Vian Sabri, said earlier that two parties, one local and the other regional, are pressuring the Federal Court to issue decisions against the Kurdistan region.  

  

Sabri stated in televised statements to her party’s media, followed by “Nass” (January 27, 2023), that “the Asa’ib Movement is the party that welcomed the court’s decision against the dues of the employees of the Kurdistan Region publicly and clearly, and sometimes these steps are considered a victory for the Shiite framework over the region.” Behind the movement, there is a regional party affected by the exchange rate in Iraq that uses its influence in Iraq.    

  

The head of the Democratic Bloc added, "The case filer, Mustafa Sanad, considers himself independent, but we are aware that most of the independents in Parliament owe allegiance to certain political parties and axes, and this is clear and unequivocal."    

  

Sabri indicated that "the timing of the decision is bad, and it came only two months after the formation of the new government."    

  

Earlier, the head of the Kurdistan Democratic Party, Massoud Barzani, commented on the Federal Court's decision to annul the cabinet's decisions regarding sending funds to the Kurdistan region.  

  

Barzani said in a message commenting on the court’s decision, a copy of which “NAS” received, (January 25, 2023), “The intent is not the amount of money, but rather that the main problem is the violation of rights and principles,” noting that “the Federal Court’s decision today, before it was against Kurdistan Region, it violates the political process, against the Iraqi government, and against the program of the State Administration Coalition itself.”      

  

He called on the Iraqi government and all parties participating in the state administration coalition to "express their position on this breach and hostility."      

  

The following is the text of the message:  

  

In The Name of Allah Most Gracious Most Merciful      

  

It is unfortunate that the Iraqi Federal Court once again showed another hostile stance against the Kurdistan Region, and prevented the transfer of the money to the region that was to be sent from the federal government to the Kurdistan Region.      

  

 Hence, the intent is not the amount of money, but rather that the main problem is the violation of rights and principles. Everyone knows that our participation in the coalition to administer the state and form the new Iraqi government was based on a clear and detailed program that was agreed upon by all parties.      

  

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

  

Surprisingly, whenever a positive atmosphere prevails between the region and Baghdad and an opportunity arises to address problems, the Federal Court immediately destabilizes this opportunity and aborts the opportunity by issuing a hostile decision, which has become a reason for complicating disputes, and it seems that it is implementing a suspicious agenda and replacing the Revolutionary Court in the previous regime.      

  

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

  

And the Federal Supreme Court, earlier, issued a ruling in case No. 170 / Federal / 2022, regarding the transfer of funds to the Kurdistan region.  

  

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

  

Click here to see the details of the ruling:  

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Sources: A new decision of the Federal Court against the action of the Kurdish authorities
 

Baghdad - people  

Media close to the President of the Kurdistan Region reported on judicial sources in Baghdad, the judges of the Federal Court directed towards considering the law extending the mandate of the Kurdistan Parliament, the presidency and the regional government with it for a year (12/2022), "unconstitutional."  

  

  

  

According to the Kurdish report that "NAS" followed (January 30, 2023), the judges of the Federal Court expressed their fear in the side deliberations that approving the extension of the Kurdistan Parliament would be a basis and argument in the future for similar efforts to extend the mandate of the Federal Parliament and parliamentary sessions, which would jeopardize political life. Iraqi democracy is in serious danger.  

  

On the other hand, the Kurdish "Pay" Institute Observatory, which monitors the activities of the Kurdistan Parliament, quoted its sources as saying that the Presidency of the Kurdistan Parliament decided yesterday to boycott the sessions of the Federal Supreme Court for tomorrow, Tuesday, as a protest against the court's recent decision against sending money to the Kurdistan Region. The Observatory stated that the Parliament Presidency was convinced that the decision would be issued in their presence or absence.   

  

Earlier, the Federal Supreme Court decided to postpone resolving the fate of the Kurdistan Parliament after it extended itself for a year and hold a session to decide on appeals against the decision on January 31, 2023 to decide on the legality of extending the mandate of the Kurdistan Parliament after the end of the session.    

  

Youssef Muhammad, who held the position of deputy in the previous session of Parliament also said in a statement that “NAS” received a copy of, (November 7, 2022): After the publication of the law for the continuation of the fifth session of the Parliament of Kurdistan - Iraq No. 12 of 2022, in the “Kurdistan Facts” newspaper. "We filed a lawsuit with the Federal Supreme Court in Baghdad No. 248 / Federal / 2022 to challenge the constitutionality of the law and the illegality of the extension of the current session."     

  

Muhammad mentioned in the statement, "We have indicated several times that the elections are like a contract between the voter and the elected official, conditioned on the time allotted for them and the promises made by the elected official to the voter and he must fulfill them during that period. Therefore, after the end of the legal period, the elected positions lose their legitimacy, and extending them is considered illegal." legitimate and contrary to the principles of democracy.    

  

And the former president of the Kurdistan Parliament stressed that the region's authorities have lost their legitimacy since yesterday, November 6, "In our constitutional petition, and thanks to the help of a number of lawyers, we discussed in detail the contradiction of the legislation of this law with the principles of democracy and the articles of the Iraqi constitution, which was also approved by the Kurdish people in 2005."    

  

Earlier, the Federal Supreme Court published its decision regarding a lawsuit filed against the legitimacy of the Kurdistan Parliament after the extension for itself, which included a request by the former Speaker of the Kurdistan Parliament to stop his work according to a state order until the case is decided.  

  

In the text of the decision, the court included a request to suspend the work of the Presidency of the House of Representatives until the final decision of the court regarding the lawsuit filed regarding the unconstitutionality of extending the House of Representatives.        

The court justified its refusal to issue the state order that the matter is not urgent and is interpreted as a preliminary decision on the main issue, which is the unconstitutionality of the law to extend the mandate of the Kurdistan Parliament, which was challenged by the former deputy of the House of Representatives and the former speaker of the Kurdistan Parliament, Youssef Muhammad Sadiq.        

  

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Iraq.. A judicial decision to withhold the salaries of employees of the Kurdistan Region

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The Iraqi Federal Court orders withholding the salaries of employees of the Kurdistan region |#SkyReporters|#Sky _ Iraq

Sky News Arabia

 

351 views Jan 30, 2023  
The Kurdish leader, Massoud Barzani, described the decision of the Federal Supreme Court in Iraq to withhold the salaries of employees of the Kurdistan Region as unfair. Barzani said that the decision contradicts what was agreed upon between the political forces that formed the government of "Muhammad Shia'a Al-Sawadni."

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Sources: The Federal Court postponed consideration of the legitimacy of the Kurdistan Parliament and government 
 

Baghdad - people  

The Federal Court postponed its scheduled session on extending the mandate of Parliament and the Kurdistan Regional Government, due to bad weather, according to Kurdish sources quoted by circles in the corridors of the court.   

  

  

The sources that "NAS" followed (January 31, 2023) stated that the Iraqi Federal Court postponed today's session to discuss the issue of extending the current session of the Kurdistan Parliament indefinitely. The source attributed the reason for the postponement of the session to the bad weather that prevented a number of complainants and members of the defense from attending. to the session.   

  

Earlier, media close to the President of the Kurdistan Region reported on judicial sources in Baghdad that the Federal Court judges decided to consider the law extending the mandate of the Kurdistan Parliament, the presidency and the regional government with it for a year (12/2022), as "unconstitutional."  

  

According to the Kurdish report that "NAS" followed (January 30, 2023), the judges of the Federal Court expressed their fear in the side deliberations that approving the extension of the Kurdistan Parliament would be a basis and argument in the future for similar efforts to extend the mandate of the Federal Parliament and parliamentary sessions, which would jeopardize political life. Iraqi democracy is in serious danger.    

  

On the other hand, the Kurdish "Pay" Institute Observatory, which monitors the activities of the Kurdistan Parliament, quoted its sources as saying that the Presidency of the Kurdistan Parliament decided yesterday to boycott the sessions of the Federal Supreme Court for tomorrow, Tuesday, as a protest against the court's recent decision against sending money to the Kurdistan Region. The Observatory stated that the parliament presidency was convinced that the decision would be issued in their presence or absence.     

  

Earlier, the Federal Supreme Court decided to postpone resolving the fate of the Kurdistan Parliament after it extended itself for a year and hold a session to decide on appeals against the decision on January 31, 2023 to decide on the legality of extending the mandate of the Kurdistan Parliament after the end of the session.      

  

Youssef Muhammad, who held the position of deputy in the previous session of Parliament also said in a statement that “NAS” received a copy of, (November 7, 2022): After the publication of the law for the continuation of the fifth session of the Parliament of Kurdistan - Iraq No. 12 of 2022, in the “Kurdistan Facts” newspaper. "We filed a lawsuit with the Federal Supreme Court in Baghdad No. 248 / Federal / 2022 to challenge the constitutionality of the law and the illegality of the extension of the current session."       

  

Muhammad stated in the statement, "We have indicated several times that the elections are like a contract between the voter and the elected official, conditioned on the time allotted for them and the promises made by the elected official to the voter and he must fulfill them during that period. Therefore, after the expiry of the legal period, the elected positions lose their legitimacy, and extending them is considered illegal." legitimate and contrary to the principles of democracy.      

  

And the former president of the Kurdistan Parliament stressed that the region's authorities have lost their legitimacy since yesterday, November 6, "In our constitutional petition, and thanks to the help of a number of lawyers, we discussed in detail the contradiction of the legislation of this law with the principles of democracy and the articles of the Iraqi constitution, which was also approved by the Kurdish people in 2005."      

  

Earlier, the Federal Supreme Court published its decision regarding a lawsuit filed against the legitimacy of the Kurdistan Parliament after the extension for itself, which included a request by the former Speaker of the Kurdistan Parliament to stop his work according to a state order until the case is decided.  

  

In the text of the decision, the court included a request to suspend the work of the Presidency of the House of Representatives until the final decision of the court regarding the lawsuit filed regarding the unconstitutionality of extending the House of Representatives.  

  

The court justified its refusal to issue the state order that the matter is not urgent and is interpreted as a preliminary decision on the main issue, which is the unconstitutionality of the law to extend the mandate of the Kurdistan Parliament, which was challenged by the former deputy of the House of Representatives and the former speaker of the Kurdistan Parliament, Youssef Muhammad Sadiq.          

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The federal government sets a date to decide on the legitimacy of extending the session of the Kurdistan Parliament 
 

Baghdad - people  

On Tuesday, the Federal Supreme Court held its third session to decide on the unconstitutionality of extending the mandate of the Kurdistan Parliament, along with the presidency of the region and the government cabinet in Erbil.   

  

  

  

The plaintiff, Dr. Yusef Muhammad Sadiq, the former deputy and former president of the Kurdistan Parliament, told "NAS" (January 31, 2023) that the defendants' representatives did not attend the session, claiming bad weather, so the Federal Supreme Court set February 7, 2023 to hold a public hearing in the case.   

  

Sadiq added: We will continue to oppose the violation of the rights and freedoms of the Kurdish people and defend holding elections free from fraud and theft and away from armed intervention in resolving political disputes in the region.  

  

Earlier, the media close to the President of the Kurdistan Region reported on judicial sources in Baghdad that the Federal Court judges decided to consider the decision to extend the mandate of the Kurdistan Parliament, the presidency and the regional government with it for a year (Law 12/2022), as an unconstitutional step.   

  

According to the leaks of Kurdish sources that "NAS" followed up on (January 30, 2023), the judges of the Federal Court expressed their fear in the side deliberations that approving the extension of the Kurdistan Parliament would be a basis and argument in the future for similar efforts to extend the mandate of the Federal Parliament and parliamentary sessions, which endangers life. Iraqi democratic politics is in serious danger.   

  

On the other hand, the Kurdish "Pay" Institute Observatory, which monitors the activities of the Kurdistan Parliament, quoted its sources as saying that the Presidency of the Kurdistan Parliament decided to boycott the sessions of the Federal Supreme Court on Tuesday as a protest against the court's recent decision against sending money to the Kurdistan Region.  

  

Earlier, the Federal Supreme Court decided to postpone resolving the fate of the Kurdistan Parliament after it extended itself for a year and held a hearing to decide the case until January 31, 2023.   

  

And the Federal Supreme Court published its decision (248/2022) regarding a lawsuit filed against the legitimacy of the Kurdistan Parliament after the extension for itself, which included a request to stop the parliament’s work according to a state order until the case is decided.  

  

In the text of the decision, the court included a request to suspend the work of the Presidency of the House of Representatives until the final decision of the court regarding the lawsuit filed regarding the unconstitutionality of extending the House of Representatives.   

  

The court justified its refusal to issue the state order by saying that the matter is not urgent and is interpreted as a preliminary decision on the main issue, which is the unconstitutionality of the law to extend the mandate of the Kurdistan Parliament, which was contested by the former deputy of the Parliament and the former speaker of the Kurdistan Parliament, Youssef Muhammad Sadiq.   

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Postponement of the Federal Court session on extending the session of the Kurdistan Parliament

 
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2023-01-31 01:39
 

 

Shafaq News/ A judicial source said, on Tuesday, that the Federal Court session on extending the Kurdistan Parliament session has been postponed.

The source told Shafaq News agency, that the decision came "due to the bad weather."

 

 

 

The New Generation Movement filed a lawsuit with the Federal Court to cancel the law issued by the Presidency of the Parliament of Kurdistan, which was directed to extend the term of Parliament for an additional year due to the failure to hold elections in the region.

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The Federal Court postponed the decision on the claim of the continuation of the fifth session of the Parliament of Kurdistan
  
{Politics: Al-Furat News} The Federal Supreme Court postponed, today, Tuesday, the date for hearing the appeal against the constitutionality of the continuation of the fifth session of the Kurdistan Parliament, to the seventh of next February.
 

And it came in a statement, which {Euphrates News} received a copy of, that: “In the appeal against unconstitutionality: (extending the work of the Kurdistan region for one year due to the expiry of its term), the Federal Supreme Court decided today, Tuesday, the constitutional case with the number (233 - Federal - 2022) and its units, Filed by the plaintiff, Sarwa Abdul Wahid Qadir and her group, the two defendants, the Speaker of the Parliament of the Kurdistan Region and the President of the Kurdistan Region, in addition to their jobs, to appeal after the constitutionality of Law No. (12) of 2022 (the law for the continuation of the fifth session of the Parliament of Kurdistan) postpone the date of the pleading.

The Federal Court attributed the reasons for this to "the non-attendance of the defendant's agents, the Speaker of the Parliament of the Kurdistan Region, in addition to his job due to bad weather and for the purpose of completing audits."

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The first  01/31/2023
...
 

 

 Baghdad: Muhannad Abdel Wahhab

 

Reactions are still ongoing regarding the decision of the Federal Supreme Court regarding the illegality of financial transfers from the former and current federal government to the Kurdistan region, due to the latter's failure to send 250,000 barrels of oil per day to Baghdad, while members of the House of Representatives stressed that the court's decisions are above political agreements and must Commitment to it, others called for the need to expedite the completion of the oil and gas law to stave off differences between the center and the region, at a time when the Kurdistan Democratic Party criticized what it described as "the lack of commitment of the political forces" to the document signed by them when announcing the "state administration coalition" leading to the formation of the current government.

 

A member of the Sanad Parliamentary Bloc, Representative Faleh Khazali, said in an interview with "Al-Sabah": "The decisions of the Federal Court are binding on all parties," explaining that "the ministerial platform of the government of Prime Minister Muhammad Shia' al-Sudani included resolving disputes with a timetable with the Kurdistan region."

And he indicated that "the problem is related to the oil supplied from the region, about which it was confirmed in official letters received by us through the (SOMO) company that some of it is destined for Israel, and this is contrary to the Iraqi laws in force and deserves criminalization, as well as the border crossings in the region and its revenues from which nothing has reached the government." Iraqi.

 

He stressed that "all these issues must be presented to the discussion table and resolved with the Kurdistan region as federal issues." He added, "We are on the verge of the 2023 budget, which must clearly and explicitly include resolving differences with the region, giving rights and achieving social justice for all Iraqi people."

 

He pointed out that "the decisions of the Federal Court are above political agreements, and they are binding decisions, and the Kurdistan region did not abide by all the decisions and anything related to the court's decisions and the budget law, and we have 20 border outlets in the region that we did not receive anything from its revenues."

 

While a member of the Finance Committee, Jamal Cougar, explained in an interview with “Al-Sabah” that “our political problems are very many and we should focus on urgent issues, including the issue of the dollar price and the issue of sending the budget, as well as the political agreements included between the forces (the State Administration Coalition) are also urgent.” Including the Oil and Gas Law and Article 140 as well.

 

He pointed out that "if there are issues related to amending the constitution, we can proceed with them, and amending the constitution requires a popular referendum," adding that "the defect is not in the constitution but in its implementation, as we have 52 articles in the constitution that were not regulated by law, and there are many Among the issues that we see that the government is not serious about resolving, foremost of which is the legislation of the oil and gas law.

 

The representative of the Kurdistan Democratic Party bloc, Majid Shankali, stated in an interview with "Al-Sabah" that "the oil and gas law is one of the provisions of the political agreement and the ministerial platform between the political blocs, especially those that form the (state administration coalition), and it must be worked on, proceeded with and legislated within six months." He added, however, that the law is mature so that we do not go back to amending it again and that it serves the Iraqi people from Zakho to Al-Faw.

He added, "The statement of Prime Minister Muhammad Shia' al-Sudani when he visited France was very positive, when he announced that he would work to solve the problem of financial transfers to the region in the budget, and also his confirmation of working on the legislation of the oil and gas law," considering that "these are positive signs to support stability in Baghdad and the region." ".

 

The representative of the Kurdistan Democratic Bloc, Sharif Suleiman, agrees with the speech of Representative Shankali, as he says: “All the political blocs participating in the political process signed the political document and stressed the necessity of approving the Federal Court and oil and gas laws, given that the current stage is the stage of agreement and rapprochement between the government Federal and Kurdistan region. 

He added, "The political parties did not abide by the political document that was signed when forming (the State Administration Coalition) and contributed to the formation of the current government," pointing out that "the document provides for the approval of the Federal Court Law and the resolution of disputes between the federal and regional governments." 

 

On the other hand, the independent Kurdish politician, Saber Ismail, said: "The recent decision of the Federal Supreme Court is based on the Iraqi constitution in the supreme interest of Iraq, because this court wants the governments of Baghdad and Erbil to fully adhere to the constitution to guarantee the rights of its citizens and not in the interest of the parties that formed the two governments," calling on the government The region to "comply with the decisions of the Federal Court."

 

 Edited by: Muhammad Al-Ansari

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Barzani: The Federal Court is used to torpedo any agreement with Baghdad and our delegation will visit the latter

  •  Time : 2023/02/01 14:58:56
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  •  Reading : 143 times
Barzani: The Federal Court is used to torpedo any agreement with Baghdad and our delegation will visit the latter
  
Today, Wednesday, the Council of Ministers of the Kurdistan Region held its regular weekly meeting under the chairmanship of Council Speaker Masrour Barzani, and discussed a number of topics on its agenda.

{Political: Euphrates News} At the beginning of the meeting, and on the occasion of the anniversary of the anniversary of the first of February, Barzani recalled with reverence and gratitude the anniversary of the tragedy of the first of February, and said: "We commemorate, on behalf of the Council of Ministers, the memory of our immortal martyrs with all honor, appreciation and reverence, and renew our commitment to move forward in confronting terrorism, terrorists and extremist ideology."

In the first paragraph of the meeting's agenda, the head and members of the region's delegation presented the negotiating program of the Kurdistan Regional Government with the federal government for approval by the Council of Ministers. The negotiating delegation was also directed to visit Baghdad and resume meetings in light of the program.

Barzani reiterated the Kurdistan Region's keenness to reach a radical solution to the problems on the basis of the constitution, the political agreement that resulted in the formation of the government, and the ministerial curriculum of the Iraqi government.

He pointed out that the Kurdistan Region and its negotiating delegation have done their part to reach an agreement, and waiting for the federal government to commit to implementing the agreements, adding: "Unfortunately, the Federal Supreme Court is used to torpedo and undermine any agreement to resolve problems with the federal government."

Barzani also expressed his hope that the draft federal budget law for the year 2023 will be approved as soon as possible, and that the constitutional rights and entitlements of the Kurdistan Region will be secured.

In the second paragraph of the agenda, the Council of Ministers discussed the issue of banknotes in the Kurdistan Region, and directed the Ministries of Finance and Economy, Industry and Trade, Martyrs and Anfal Affairs, and the Coordination and Follow-up Department, to prepare a report containing their observations and recommendations to take the necessary decision in this regard at the Cabinet meeting.
In the third and last paragraph of the agenda, the Council of Ministers discussed the solution to the problem of (bank guarantee letter) with regard to the stalled projects of the Kurdistan Regional Government, and in this regard proposals and recommendations were submitted to address the problem and were approved after enriching the necessary discussions.

 
 
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Exposing a "mistake" made by the Federal Court in its decision against the Kurdistan Region

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2023-02-01 07:32
 

 

Shafaq News / The Kurdish academic, Judge Latif Sheikh Mustafa revealed, on Wednesday, a mistake made by the Federal Court (the highest judicial authority in Iraq) by taking a decision to prevent the federal government from sending an amount of "200 billion dinars" as salaries to Kurdistan Region employees.

 

Latif stated, during a press conference held at the University of Human Development in Sulaymaniyah, which was attended by Shafaq News Agency, that "the Federal Court, based on the invitation submitted by Representative Mustafa Sanad, who indicated that the decision to send the amounts in violation of Financial Management Law No. (6) of 2019, Article (17 and 18), as well as a violation of the Federal Budget Law for the year 2021, Articles (10 and 11) of the law.

 

 

 

He added, "The cabinet is the one who decided to send these amounts in the years 2021 and 2022, as an advance that will be returned after settling it from the final accounts, and that giving salaries comes to solve the crisis and the functioning of public facilities."

 

Latif indicated, "The Federal Court relied in its decision on Article (93) of the Iraqi Constitution, Paragraph (Third), which stipulates that one of the duties of the Federal Court is to adjudicate cases that arise from the application of federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law entitles the Council of Ministers, concerned individuals and others to directly appeal to the court.

 

After reviewing the legal case in the decision, the Kurdish academic pointed out that "the decision of the Council of Ministers is in violation of the Financial Management Law and the Budget Law, but deciding on this issue is not the prerogative of the Federal Court, but rather the prerogative of the Administrative Court, since the Federal Court has matched the decisions and instructions of the Council of Ministers." Regarding the disbursement of the amount by Law No. (6) and the Federal Budget Law for the year 2021, this is not permissible.

 

Last week (January 25, 2023), the Federal 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 President of the Kurdistan Region, Nechirvan Barzani, considered the Federal Court's decision that it is illegal for the Iraqi government to send the salaries of the region's employees, unfair, 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" 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 is on a quiet fire.. An Iranian threat to invade and a decision from Baghdad may change the future of Erbil

 

policy |Today, 11:19 |

    
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Baghdad today - Kurdistan region

The political and popular circles in the Kurdistan region are cautiously awaiting the movement of the Federal Court to decide on a lawsuit about the "constitutionality of extending the parliamentary session of the Kurdistan Parliament", which puts the future of the constitutional entity in front of a more complex stage, especially as the Kurdish house is going through internal dispersion due to the escalation and the sharpness of the differences between the parties of power as well as Accusations made by the Iranian government against Kurdish factions hostile to it inside the region of being behind the attacks on the defense facility in Isfahan, central Iran.


According to information reported by the Iranian media, groups, by order of a foreign security apparatus, after receiving parts of the drones and explosive materials, brought them into Iran from one of the inaccessible roads in the northwest of the country, and handed them over to one of the infiltrators with them in one of the border cities of Iran.


The Iranian sources indicated that the continuation of the activities of these groups against Iran reflects the inability of the Iraqi government to fully fulfill its legal responsibilities in this regard.
Many observers believe that the Kurdistan region may face another wave of attacks and missile strikes from the Revolutionary Guards.


Politically, dialogues are taking place between political parties to reach a comprehensive consensus to hold legislative elections, which is the last card to restore legitimacy to governmental and parliamentary institutions after those elections were postponed due to the depth of differences and problems between the main political parties and forces, which are related to activating the High Commission, updating voter records, and the election law and mechanism.


On the other hand, sources within the PUK indicate that the voter registers in the Kurdistan region contain 700,000 votes in addition to the voter register in Iraq, and they also contain 900,000 repeated, displaced, forged, and deceased votes. Therefore, a political party has used these votes to change the parliamentary and governmental equation in its favour. .


Joan Ihsan, a member of the political bureau of the Patriotic Union, confirmed in a press statement that her party believes in elections as one of the pillars of the democratic process, and that it has not and will not be an obstacle and believes in the peaceful exchange of power. However, the Patriotic Union has legitimate demands regarding the Kurdistan Parliament elections, the most prominent of which are revising voter records, activating the Electoral Commission, and amending the election law in a comprehensive manner. Ensures transparent elections.

Struggle for survival

For its part, the Change Movement, "one of the parties in the ruling coalition in the region," revealed a significant increase and irony in the voter records in the Kurdistan region compared to the statistics of the Central Government's High Commission, especially in the governorates of Erbil and Dohuk, which are under the authority of the Kurdistan Democratic Party.


Juman Muhammad, Coordinator of the Legal Chamber in the Change Movement, said in a statement to him (Baghdad Today), that there is a big difference between the voter records of the region and the statistics of the central government in the governorates of Erbil and Dohuk, and that the difference exceeds scientific and logical estimates, as it is approximately 677 thousand voters in the records in the region. The two governorates alone, stressing that the KDP had insisted during its meetings with Kurdish political parties and forces to follow the multi-constituency system to organize the legislative elections. As for the voter records in the governorates of Sulaymaniyah and Halabja, the difference is very small, as he put it.

Muhammad explained that the main political parties, especially the National Union, the Change Movement and the Islamic currents, should work hard and make efforts to update and clean the voter records in the governorates of Erbil and Dohuk. For Erbil and Dohuk at the expense of the provinces of Sulaymaniyah and Halabja in advance.


The Change Movement, which was founded in 2009 by Nawshirwan Mustafa, "the architect of the Kurdish uprising," which sparked in Sulaymaniyah in 1991, and the movement adopted the opposition's policy. Elections took place between the years 2009-2013, but since the departure of its leader in 2017, the movement has been experiencing a major leadership crisis. It has also lost all its seats and positions in the recent elections, due to defections within its ranks and the lack of a clear vision for it in its policies, according to many observers, in addition to the enrollment of a large number of its cadres and leaders to political parties. Authority, as well as most of its deputies in the Iraqi and Kurdistan parliaments left the ranks of the movement after their retirement and reaping exorbitant wealth at the expense of the movement's voters.


 On the other hand, the Change Movement filed a lawsuit against Mulla Bakhtiar, a prominent leader in the National Union, after the latter accused her of participating in corruption and stealing public money.
Farman Hassan, the legal representative of the movement, told (Baghdad Today) that the movement filed a legal case in the Sulaymaniyah court against Mulla Bakhtiar, a member of the Supreme Council for Politics and Interests in the National Union Party, after the latter accused the movement of participating in and appropriating part of the revenues from the border crossings. 


Hassan added that the movement is calling on Mulla Bakhtiar to submit documents proving the validity of his claim before the judiciary, since the case is a matter of public opinion, noting that although Mulla Bakhtiar in previous periods made statements against the leaders of the movement, the movement did not resort to the judiciary because the cases were partisan. Today, it is completely different because it is related to the right of the people, so the movement insisted on registering the lawsuit, and showing the people the position of the movement on those allegations.

Calls for normalization

 Meanwhile, Hakim Qadir Hama al-Jan, a member of the Supreme Council for Policy and Interest of the Patriotic Union of Kurdistan, warned of the critical situation and the current conditions that the Kurdistan region is going through.

Al-Jan told (Baghdad Today) that there is a need for all political parties to unite and work to normalize the situation in the Kurdistan region, especially since the current stage requires unity and unification of discourse. Otherwise, everyone should wait for other decisions against the Kurdish people, so action, reaction and more are against each other. Some are useless and will cause great harm.
Hama al-Jan indicated that the Patriotic Union adheres to the principle of peace and peaceful coexistence, so that national and national issues and the citizens' living life are a reason to strengthen the discourse and the political process in the Kurdistan region in order to improve and provide a decent life for citizens to guarantee rights and freedoms and provide good governance.

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