Alaa Al-Hamdani-Iraqi researcher
The decision of the federal court, which ruled on the twenty-sixth of January 2023 that (6) decisions of the previous government headed by Mustafa al-Kazemi (2020-2022) were invalid, sparked a wide political controversy after this decision ruled that the transfer of funds to the Kurdistan region was invalid.
The new decision, which came at a time when discussions on the approval of the state budget reached its peak, was widely rejected by Kurdistan region officials and their politicians who attacked the federal court, demanding the rights of the region stipulated by the Constitution, while politicians and political parties challenged the defense of the Supreme Constitutional Court in the country, usually it will not take sides without another party.
The repercussions of the federal court’s decision are not limited to the war of statements and statements that has erupted in recent days, in light of expectations of a possible rift in the coalition of State Administration, which includes Kurdish forces opposed to the decision, as well as other political parties that have declared their absolute support for the federal court and its decisions.
An old crisis is renewed
The decision of the federal court on the funds transferred by the previous government to the Kurdistan region caused the renewal of an old crisis that had been in a state of decline since the formation of the coalition of State Administration forces, which included Shia, Kurdish and Sunni parties, on the basis of which the current government headed by Mohammed Shiaa al-Sudani was formed.
The parties of this alliance were continuing their dialogues to complete the entitlements of the next stage before the federal court’s decision came, which angered the Kurdish forces that went outside the framework of political and diplomatic contexts through convulsive statements attacking the decision and the court that issued it.
The federal court said in its statement in this regard that it “decided to rule the invalidity of the decisions issued by the Council of ministers, on 15/6/2021 and beyond,” noting that the ruling “is binding on all authorities, based on the provisions of articles (93/ III and 94) of the Constitution of the Republic of Iraq for 2005 and articles (4/ III and 5/ II) of the Federal Supreme Court Law No. 30 of 2005 amended by Law No. 25 of 2021 and I understand publicly”.
This decision was based on a lawsuit filed last year by the deputy of the Parliamentary Finance Committee Mustafa Jabbar Sanad before the federal government against the decisions of the previous government to transfer funds to the Kurdistan region.
MP Mustafa Jabbar Sanad said at a press conference held after the verdict was issued that “the judicial decision was issued based on the lawsuit filed by the federal court, which ruled that (6) decisions of the previous government to transfer funds to the region in 2022 were invalid, which are contrary to the internal order, the Constitution and the laws of the general budget and financial management”.
What happened is a continuation of the old crisis episodes between the center and the region regarding Kurdistan’s financial dues, as well as the funds owed to the region due to the export of oil.