Federal Supreme Court of Iraq

Federal Supreme Court of Iraq
  • Arabic: المحكمة الاتحادية العليا
  • Kurdish: دادگای باڵای فێدراڵیی
Established2005
JurisdictionIraq
LocationBaghdad
Authorised byConstitution of Iraq
Websiteiraqfsc.iq
President
CurrentlyJassim Mohamed Aboud Al-Amiri[1]
Since2021
Deputy
CurrentlySamir Abbas Muhammad Antar[1]
Since2021

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] 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'ites, two Sunnis, and two Kurds.

History

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When the Coalition Provisional Authority 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.[4] 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 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.[4] Article 92 of the 2005 constitution stipulated that the Iraqi parliament pass a law by super majority (2/3 of the Council of Representatives) vote, that defines the court’s status.[4] In 2021 after a string of failed attempts to reach a compromise between Iraqi (including Kurdish) political parties, the Council of Representatives nevertheless passed a law (No. 25, 2021) that amended the previous one that defined the FSC (No. 30, 2005), notably, without the required supermajority.

References

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  1. ^ a b "Members of FSC". Federal Supreme Court.
  2. ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
  3. ^ "Federal Supreme Court Law No.25 2021 (Article 6)" (PDF). Ministry of Justice.
  4. ^ a b c Uysal, Selin (December 4, 2023). "Making Sense of Iraq's Politicized Supreme Court Rulings". Washington Institute for Near East Policy.

Notes

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  1. ^ Arabic: المحكمة الاتحادية العليا, Al-Mahkamah al-Ittihādiyah al-‘Ulyā; Kurdish: دادگای باڵای فێدراڵیی
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