The Federal Supreme Court of Iraq[a] (FSC) 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.[2]
| Federal Supreme Court of Iraq | |
|---|---|
 | |
| Established | 2005 |
| Jurisdiction | Iraq |
| Location | Baghdad |
| Authorised by | Constitution of Iraq |
| Website | iraqfsc.iq |
| Chief Justice | |
| Currently | Jassim Mohamed Aboud Al-Umayri[1] |
| Since | 12 April 2021 |
The Supreme Court is composed of a president, a deputy, and seven primary members. Federal law stipulates that proportional representation of the components of Iraqi society must be guaranteed in its composition.[3] In practice, this has meant that it is composed of five Shi'ies, two Sunnis, and two Kurds.
History
editIn 2005, the Prime Minister of the Interim Iraqi Government, Ayad Allawi, issued a decree legislating the Law of the Federal Supreme Court (Law No. 30 of 2005), granting the FSC extensive powers to determine the constitutionality of legislative and regulatory acts, arbitrate disputes between Baghdad and the regions and 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. Due to the fact that the Supreme Court at the time was established by a decree before the adoption of the new Iraqi constitution and the subsequent formation of the Council of Representatives, a separate law passed by the Council (by supermajority) that formally defines the court’s status was required to be passed, per Article 92 of the Constitution of Iraq.[4] However, in June 2021, after a string of failed attempts to reach a compromise between Iraqi political parties representing different components of the society, the Council of Representatives nevertheless passed a law (No. 25, 2021) that amended the previous one that defined the FSC, notably, without the required supermajority. The new law gives the Heads of the Supreme Judicial Council, Federal Supreme Court, Public Prosecutor’s Office, and Judicial Oversight Commission together complete autonomy in selecting and designating the Court’s members by including a clause that permits bypassing the President in case the presidential decree for the selected members is not issued regardless of the reason.[5]
References
edit- ^ "Members of FSC". Federal Supreme Court.
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
- ^ "Federal Supreme Court Law No.25 2021 (Article 6)" (PDF). Ministry of Justice.
- ^ ”The Federal Supreme Court shall be made up of a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number, the method of their selection, and the work of the Court shall be determined by a law enacted by a two-thirds majority of the members of the Council of Representatives.” (Constitution of Iraq, Article 92)
- ^ FSC law No. 25 of 2021, Article 5
See also
editNotes
editExternal links
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