The Federal Court Resignation Crisis: Between Quorum and Institutional Disagreement

Dr. Youssef Mohammed Sadiq

The Federal Supreme Court in Iraq is at a very sensitive juncture, in light of rumors that six of its original members and three reserve members have submitted their resignations. This move places the highest constitutional institution in a complex legal crisis, requiring the Chief Justice of the Federal Court to accept the resignations if none of the members withdraw them. He will then refer the names to the President of the Republic to issue retirement decrees, in accordance with applicable legal procedures.

Under Article (3/Second) of the Federal Supreme Court Law No. (30) of 2005, as amended, the task of selecting replacements is transferred to a four-member committee composed of the President of the Supreme Judicial Council, the President of the Federal Supreme Court, the Head of the Public Prosecution Service, and the Head of the Judicial Oversight Service.

However, this process is not without complex problems. In addition to the procedural ambiguity surrounding the committee’s decision-making process regarding the selection of judges, there is also a clear tension in the relationship between some of its members, particularly between the President of the Supreme Judicial Council and the President of the Federal Supreme Court.

In this context, pressing questions arise, most notably: Will the Chief Justice delay accepting the resignations? And for how long? This will affect the court’s quorum, and the absence of a quorum could disrupt its role in considering vital issues, including the ratification of the upcoming parliamentary elections.

Any delay in addressing this issue could lead to institutional paralysis and a constitutional vacuum that threatens the upcoming electoral process. Therefore, there is an urgent need to activate judicial and constitutional mechanisms to fill vacancies with the utmost transparency and consensus, and to neutralize institutional disputes that could hinder this extremely sensitive national task.