Shafaq News / The Supreme Federal Court, on Wednesday, declared the invalidity of instructions issued during the daily caretaker period by the previous government led by Mustafa al-Kadhimi.

In an official statement, the court addressed case number (235/Federal/2023), which challenged the validity of the formations and functions instructions for the General Secretariat of the Council of Ministers, number 2 of 2022, issued during the caretaker period of the previous government.

The court ruled the invalidity of instructions number 2 of 2022, issued by the defendant, the Prime Minister, along with his role published in the Iraqi Official Gazette number 4694 on 17/10/2022, during the caretaker period of the former government under Mustafa al-Kadhimi's premiership, which is binding and compulsory for all authorities.

The decision outlined several principles:

-The instructions altered the structure of the General Secretariat of the Council of Ministers contrary to the Prime Minister's powers during the caretaker period, violating Articles 61/Eighth/D and 64/Second of the Constitution, thus deemed invalid.

-The application of Article 32 of the Internal Regulations of the Council of Ministers number 2 of 2019 indicates that the new government, represented by the Council of Ministers and the new Prime Minister, holds full authority, not the caretaker government.

-Altering the General Secretariat's structure during the caretaker government creates financial burdens for the incoming government, resulting in administrative inefficiency and encroachment on the authorities of different administrative bodies, negatively affecting the new executive authority post-caretaker period.

-Issuing instructions during the caretaker period post the dissolution of Parliament and before the formation of the new government, as stipulated by the Parliament's resolution number 32 of 2021 (1/9/D.R/S.3/32) on 31/3/2021, contradicts the Constitution and the Internal Regulations, hence invalidated.

-The instructions, issued by an entity not constitutionally empowered to issue them, exceed the powers of the new executive authority represented by the Council of Ministers and the new Prime Minister, violating Articles 61/Eighth/D and 64/Second of the Constitution and Article 32 of the Internal Regulations, warranting their invalidation in favor of adopting previous instructions number 4 of 2017.

-The instructions issued by the defendant, the Prime Minister, published in the Official Gazette number 4694 on 17/10/2022, during the caretaker period following the dissolution of the Iraqi Parliament on 7/10/2021, violate Constitutional Articles 61/Eighth/D and 64/Second, along with Article 32 of the Internal Regulations, thereby rendered invalid by the court ruling number (235/Federal/2023) on 19/11/2023.