Federal Supreme Court Rejects Appeals and Revokes Suspension of 3 Controversial Laws

Shafaq News

Federal Supreme Court's Session.

On Tuesday 11th February 2025, the Federal Supreme Court ruled to reject the appeals filed against the general amnesty, personal status, and real estate return laws, and to annul the state order that had suspended the implementation of these laws.

Judge Jassim Abboud Al-Amiri, President of the Federal Court, highlighted the role of the Constitution in defining the framework of government, the powers and limitations of authorities, and the protection of rights and freedoms. He explained that the Iraqi parliament, elected by direct vote, represents the people and has the authority to legislate and make decisions. Al-Amiri also referenced Article 37 of the parliament’s internal regulations, which states that a new agenda item cannot be discussed until the previous one is concluded. He emphasised that no law may contradict the Constitution, which is the supreme law of Iraq according to Article 13 of the 2005 Constitution.

Judge Al-Amiri also emphasised that "Article 61 of the Constitution outlines the powers of Parliament, particularly its authority to vote on legislative laws." He clarified that the Federal Court had decided to annul the federal order that had suspended the implementation of the general amnesty, personal status, and real estate return laws, and to reject the appeals against these laws.

On 4th February 2025, the Federal Supreme Court issued a state order halting the enforcement of the general amnesty, personal status, and property restitution laws until the constitutionality of the three laws and their compatibility with the permanent Iraqi Constitution were determined. 

On 21st January, the Iraqi parliament voted on three laws: a proposal to amend Personal Status Law No. 188 of 1959, Articles 2 and 10, a draft law to return property to its rightful owners affected by decisions of the dissolved Revolutionary Command Council, and a draft law to amend the General Amnesty Law No. 27 of 2016. 

During the parliamentary session, several representatives raised objections, accusing Parliament Speaker Mahmoud Al-Mashhadani of violations in the voting process, with some claiming that the vote was conducted without following official procedures, such as raising hands. These objections led to the filing of five lawsuits challenging the passage of the laws, resulting in the Federal Supreme Court issuing an order to suspend their implementation. Today, the court resolved the issue by rejecting the appeals and revoking its previous order.




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