Unconstitutionality of Kurdistan Parliament Extension: a Difficult Decision with Tough Consequences

Mohammed Shaath

On Tuesday, the Federal Supreme Court issued a ruling declaring the extension of the Kurdistan Regional Parliament’s term unconstitutional. Chief Justice Jasim Mohammed Aboud stated during the court session regarding the extension of the regional parliament’s term: “Kurdistan is a federal region according to the provisions of the constitution, and the continuation of the fifth session of the Kurdistan Parliament for more than 4 years after the extension contradicts its provisions.” The court decided the unconstitutionality of extending the term of the Kurdistan Regional Parliament and considered its fifth session as expired, deeming anything issued after the extension constitutionally invalid, according to the Iraqi News Agency.

Expected Decision

Iraqi Kurdish political analyst Yasin Aziz stated in exclusive remarks to “The Reference” that the Federal Supreme Court’s decision regarding the extension of the fifth session of the Kurdistan Regional Parliament was expected. This is one of the reasons for not reacting emotionally to the decision. Everyone, especially the parties participating in the regional government, was somewhat waiting for a judicial ruling, so we see a rational and objective approach to dealing with the decision.

Aziz explained that there are efforts to contain the crisis, indicating that the President of the region has immediately taken legal steps and contacted the President of the Independent High Electoral Commission in Iraq to study the possibility of holding elections for the regional parliament and agree on a date that the commission can fulfill. He pointed out that the Iraqi Electoral Commission has clarified its inability to organize two electoral events in a short period, referring to giving priority to the provincial council elections scheduled to be held at the end of this year.

Regarding the consequences of the decision, the Iraqi Kurdish political analyst pointed out that its direct impact was on the functioning of the parliament and its priority at this stage, which is to create a suitable atmosphere for holding elections in the region and activate the work of the Independent Electoral Commission in the region. He noted that the decision had an effect, although less significant, on the regional government, which will act in the coming period as a caretaker government without full authority.

Aziz concluded his statements by saying, “I imagine that the region’s leaders, including political parties, will deal wisely and astutely with the upcoming phase and will prepare for holding elections after resolving the budget crisis with the Iraqi political parties.”

Party Movements

As part of the party movements to contain the crisis and confront the possible repercussions of the decision, the Kurdistan Democratic Party called in a statement for “all parties and citizens in Kurdistan to cooperate and facilitate fair elections” and urged the government and relevant institutions to take necessary steps.

The Federal Supreme Court’s decision comes in response to a lawsuit filed by opposition deputies in the regional parliament, resulting in the recognition that the duration of the fifth session of the Kurdistan Regional Parliament in Iraq has ended with the expiration of its legal period. Moreover, everything issued by the Kurdistan Regional Parliament after that legal period is considered constitutionally void.

The regional parliament, consisting of 111 seats, had extended its term for an additional year in October of last year, postponing the elections that were supposed to be held in the same month. This came against the backdrop of political disputes between the two major parties, the Kurdistan Democratic Party and the Patriotic Union of Kurdistan, regarding the division of electoral districts. Finally, the elections were scheduled for November 18, 2023.