| Federal Supreme Court of Iraq | |
|---|---|
| المحكمة الاتحادية العليا (Arabic) دادگای باڵای فێدراڵیی (Kurdish) | |
 | |
| Established | 2005 |
| Location | Baghdad |
| Authorized by | Iraqi Constitution |
| Website | www.iraqfsc.iq |
| Chief Justice of Iraq | |
| Currently | Fa'iq Zaydan |
| Since | 2017 |
The Federal Supreme Court of Iraq (FSC) (Arabic: المحكمة الاتحادية العليا, Al-Mahkamah al-Ittihādiyah al-‘Ulyā; Kurdish: دادگای باڵای فێدراڵیی) is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes among or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.[1] Comprising nine judges; five Shi'ites, two Sunnis, and two Kurds.[2]
History
When the United States-led coalition established the Federal Supreme Court (FSC) in 2003, it was intended to serve as the top line of defense for the rule of law in post-Saddam Iraq.[3] Two years later—just before the new constitution was adopted—the Law of the Federal Supreme Court (Law No. 30) was passed granting the FSC extensive powers to determine the constitutionality of legislative and regulatory acts, arbitrate disputes between Baghdad and the governorates, validate parliamentary election results, and assert exclusive jurisdiction over prosecutions against top government authorities. The court was also given several guarantees of independence, including at the administrative and financial levels.[3] Article 92 of the 2005 constitution ordered the Iraqi parliament to pass a law by super majority (2/3 of the Council of Representatives) vote, defining the court’s status.[3] In February 2013, the De-Ba'athification Commission decided to remove Chief Justice Medhat al-Mahmoud. Al-Mahmoud then filed a successful appeal to the cassation panel, which on 19 February 2013 failed to find any strong evidence of ties to Saddam Hussein's regime and rejected al-Mahmoud's dismissal.[4] In 2021 after a string of failed attempts to reach a compromise between Iraqi (including Kurdish) political parties, the Council of Representatives passed a law (No. 25, 2021) that amended the previous law that defined the FSC (No. 30, 2005), without the required supermajority.
References
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
- ^ Menmy, Dana Taib (7 December 2023). "Is Iraq's top court a pro-Iran political tool?". The New Arab.
- ^ a b c Uysal, Selin (December 4, 2023). "Making Sense of Iraq's Politicized Supreme Court Rulings". Washington Institute for Near East Policy.
- ^ Sinan Salaheddin. "Iraq Panel Clears Senior Judge Over Saddam Ties". Associated Press. Retrieved 19 February 2013.
External links
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This page was last edited on 9 April 2024, at 13:03