Power Struggle Between Iraq's Top Courts May Have Implications for Kurdistan and Political System
A power struggle is unfolding between two of Iraq's highest courts: the Court of Cassation and the Federal Court.
The The Court of Cassation claims the Federal Court has overstepped its authority; and that, as the Supreme Judicial Council, it oversees all courts, including the Federal Court.
In a 5-page ruling, the Court of Cassation attempted to define the Federal Court's authority, addressing controversial past decisions for the first time, despite the Federal Court's stance that its rulings are "binding and final" for all.
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The current power struggle might be connected to previously reported tensions between the head of the Federal Court, Jassim Abboud, and the head of the Supreme Judicial Council, Fa'iq Zaydan.
The clash between these two courts may have severe consequences for Iraq's entire political system and it will likely have implications for the Federal Court's recent controversial rulings concerning the Kurdistan Region.
The background story:
The story began when Judge Ali Binyan Kahit of the Shirqat Investigation Court requested President of the Supreme Judicial Council, Faiq Zaidan, to approve his retirement with 80% of his last salary, per Article 35, Fourth A4 of the Unified Retirement Law.
Zaidan refused, as the article requires 30 years of judicial service, and Kahit's 14 years in the legal profession didn't count towards the 30-year requirement. Kahit then filed a lawsuit against Zaidan with the Judicial Affairs Committee, citing a Federal Supreme Court decision from April 15, 2024, which ruled Article 35, Fourth A4 unconstitutional in a similar case involving a Federal Court judge from Kurdistan.
The Committee rejected Kahit's lawsuit, so he appealed to the Court of Cassation. The Court of Cassation upheld the Committee's decision and Zaidan's position, stating that Kahit must complete 30 years as a judge, not a combination of judicial and legal service. The Court also deemed the Federal Supreme Court's decision unconstitutional, as it overstepped its authority by amending a legal text, which falls under the exclusive jurisdiction of the legislative branch (House of Representatives).
This ruling by the Court of Cassation raises questions about the validity of many Federal Supreme Court decisions, particularly those amending or canceling provisions in the Kurdistan Elections Law and other legislation.