Top Iraqi court responds to president’s queries about government authority

15-05-2022
Julian Bechocha @JBechocha
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ERBIL, Kurdistan Region - Iraq's Federal Supreme Court on Sunday responded to President Barham Salih's queries regarding the authority of the caretaker government to enact decisions amid the current political turmoil engulfing the country.

The Iraqi President had submitted a query to the court on behalf of a number of MPs about the legitimacy of the current government in managing daily affairs and the general scope of power it holds in case of government dissolution.

The president inquired about Article 64 of the Iraqi constitution, which states that the President, “when dissolving the House of Representatives, calls for general elections in the country within a maximum period of sixty days from the date of the dissolution, and the Council of Ministers in this case is considered resigned and continues to conduct daily affairs," asking the court to clarify on what matters fall under the term "daily affairs."

In response, the court clarified that "daily affairs" include "taking decisions and measures that will continue the work of public utilities regularly, and the continuation of services to the people," but excludes decisions that have a "significant" impact on the political, economic, and social future of the country. It also rules out the right to appointing senior positions in the state.

Iraq's political future remains mired by instability. The country has failed to elect a government seven months after holding early elections due to boycotts over disagreements in the government formation process.

Following over a month of relative immobility in the government assembly process, the country's largest alliance is once again readying to intensify its efforts to release Iraq from political deadlock.

 

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