Iraq's Supreme Judicial Council rules against suspending laws before official publication
In a statement following its fourth session, held both in-person and online and chaired by Chief Justice Faiq Zidan, the council addressed a recent ruling by the Federal Supreme Court that temporarily halted the implementation of three laws passed by parliament on January 21, 2025: the Amnesty Law, Resitution Law, and Persona Status Law.
The council stated that, under Articles 93 and 129 of Iraq's 2005 Constitution, laws must be published in the official gazette before they can be challenged for unconstitutionality. It referenced past rulings by the Federal Supreme Court, including decisions from 2016 and 2018, affirming this principle.
"Therefore, it is impermissible to suspend the implementation of a law passed by parliament before its publication," the council said. It noted that the Supreme Court's order specifically halted procedures related to amendments to the laws of Personal Status and Restitution, even though neither law has yet been published in the official gazette.
The council argued that the court's ruling lacked legal grounds, as it targeted non-enforceable laws. It also questioned the legal basis for issuing urgent injunctions in constitutional cases, stating that such measures are not addressed in the Federal Supreme Court Law or its internal regulations but rather fall under civil procedural law.
Additionally, the council emphasized that Iraqi courts are obligated to implement the amended General Amnesty Law passed by parliament, as 'Article 129 of the Constitution prohibits suspending laws unless a final ruling deems them unconstitutional.' The council reiterated that 'injunctive orders are temporary measures and do not carry the binding authority of final judicial rulings.'
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