A member of the Federal Court withdraws from it in protest against the decisions issued against Kurdistan
Shafaq News / Judge Abdul Rahman Zebari, a member of the Iraqi Federal Court, announced today, Tuesday, his withdrawal from the court, which is the highest judicial authority in the country, in protest against the recent decisions issued against the Kurdistan Region.
Judge Zebari, who held his position as a representative in the Federal Court for the region, said in a press conference held in Erbil attended by a Shafaq News Agency correspondent, “I found myself in a position where my efforts, and my academic and professional capabilities, were unable to achieve their goal in defending the interests of the Kurdistan Region as a recognized constitutional region.” It is included in many articles of the Federal Constitution.
The judge attributed the reason for his withdrawal to “what he sensed of a tendency in successive court decisions towards a gradual return to the foundations of the central system of government, and moving away little by little from the foundations and principles of the federal system by expanding the scope of the exclusive powers of the federal authorities.”
He added, “The constitutional courts in all political systems that adopt the federal system are a guarantee for protecting and consolidating this system, preserving the balance between the federal authorities and the authorities of the states or regions, and preventing each level of government from overstepping the powers of the other level.”
Judge Zebari also pointed out that “the logic of things requires that the concern of the Constitutional Court in any country to protect the authorities of the regions or states be greater than its concern for the federal authorities because the latter, by their nature and the nature of their powers, are in a stronger position than the regional authorities. However, what I observed is the opposite.” This is as I mentioned earlier.”
He stressed that “the Iraqi Constitution of 2005 is considered one of the rigid constitutions whose amendment was keen to be subjected to complex procedures to protect the agreed upon constitutional principles, and the rights of all parties and components and all levels of government,” adding, “However, what I observed in the directions and decisions of the court The Supreme Federalism and its interpretations of the provisions of the Constitution in many cases is the trend towards a broad interpretation out of context, which may reach the level of constitutional amendment.”
Judge Zebari went on to say, “Given the failure to enact and legislate a new law for the Federal Supreme Court in accordance with what Article (92) of the Constitution requires, the articles and texts of the amended Federal Supreme Court Law No. (30) of 2005, which was enacted before the entry into force of the 2005 Constitution, related to the formation of the court.” And the mechanism of voting in it during the issuance of rulings and decisions, which are mostly by majority, made the representatives of the Kurdistan Region (two judges among the total number of nine members of the court) numerically unable to avoid issuing decisions and rulings that are considered in their view to harm the rights of the region and its constitutional entity, which made their representation of the region irrelevant. A real and effective value from a practical standpoint, and the most that can be done is to confirm the opinion that is contrary to the opinion of the majority.”
He stressed, “We personally have affirmed our opposing and opposing constitutional and legal position in many rulings and decisions, but as I mentioned before, to no real benefit because decisions may be issued by majority and not unanimously for all of these reasons.”
Judge Zebari concluded his conference by saying, “Based on my feeling of responsibility before the people of the Kurdistan Region with all its components and before its institutions and constitutional entity, I announce my withdrawal from membership in the Federal Supreme Court after the facts I mentioned above made it impossible to achieve the goals for which I held the position and to change the directions of the court for which I held the position.” I mentioned it earlier.”
Shafaq.com