BAGHDAD — Only a few days after ending the political crisis between Kurdish parties in the Kurdistan Region of Iraq after a break that lasted several months, the door to a new crisis opened for it, which seems to be much wider, after the Federal Supreme Court on Tuesday issued a decision on Tuesday that the extension of the regional parliament was unconstitutional and null and void all its decisions.

The court's decision was based on a lawsuit filed by Yusuf Mohamed, former speaker of the regional parliament (2014-2015) and a former member of the federal parliament, against the current speaker of parliament for extending the term of parliament, followed by the New Generation Alliance on a similar claim.

The lawsuit included a demand to rule the unconstitutionality of the law on the continuation of the fifth session of the Iraqi Kurdistan Parliament, due to its violation of 6 articles of the region's constitution, as well as the end of its term on the sixth of last November.

On February 24, 2022, KRG President Nechirvan Barzani signed an executive order, setting the first of October last year as the date for the elections for the sixth session of the Kurdistan Parliament, but it was postponed after the region's parliament voted last October to extend its legislative life and postpone the elections for only one year.

The Federal Supreme Court of Iraq issued a decision on the unconstitutionality of the extension of the Kurdistan Regional Parliament (Getty Images)

Position of the law

According to legal expert Ali al-Tamimi, the Kurdistan government will be a caretaker government, in addition to the fact that the life of the regional parliament has ended according to articles "1" and "6" of the federal constitution, and therefore it is not entitled to continue its work, because the people's mandate to him has expired and the people are the source of powers.

Al-Tamimi stressed that the life of the Kurdistan Commission also ended according to the law, and therefore it is not entitled to hold elections, explaining that holding the region's elections will be one of the tasks of the Independent High Electoral Commission in Baghdad, according to the law of the Federal Electoral Commission, and not the Kurdistan Election Commission.

The mandate of the Kurdistan Commission was extended at a session of the KRG parliament on May 22, which saw sharp fistfights between members of the KDP and PUK blocs.

According to al-Tamimi, if the region refuses to comply with the decision of the Federal Court, Kurdistan will expose itself to legal consequences and penalties for violating Article 13 of the Iraqi constitution, in addition to the fact that Article 94 of the federal constitution stipulates that the decisions of the Federal Court are binding on all authorities, and are not subject to appeal, cassation and appeal.

Over the past months, the Kurdistan region of Iraq has been subjected to sharp internal and international criticism for postponing the elections.

The presidency of the region set another date for holding elections on November 18, after negotiations sponsored by the United Nations mission in Baghdad and Erbil.

The region has so far held 5 parliamentary elections, the first in 1992 and the last in 2018.

The Kurdistan Region of Iraq held 5 parliamentary elections, the first in 1992 and the last in 2018. (Getty Images)

What is the position of the commissioners of Baghdad and Erbil?

Al Jazeera Net did not receive a response from the spokesman of the Kurdistan Government regarding the government's position on the decision of the Federal Court and what are its options? Will the region accept Baghdad's supervision of the elections or not?

An official source in the Kurdistan presidency – who spoke on condition of anonymity because he was not authorized to make a statement – confirmed that the date set for the region's elections at the end of this year will be canceled after the decision of the Federal Court.

The source said in an interview with Al Jazeera Net, that the new date will be determined in coordination between the presidency of the region and the Iraqi parliament or the Iraqi Electoral Commission, expecting at the same time that the new date will be the beginning of next year.

For his part, Sherwan Zarrar, spokesman for the Independent High Electoral Commission in Iraqi Kurdistan, said that the commission will wait for the position and decision of the president of the region, whose exclusive prerogative is to determine the date of holding elections within 15 days after the court's decision, and decide whether the supervision of the elections will be by the Federal Commission alone or in cooperation with the Kurdistan Commission.

Speaking to Al Jazeera Net, Zarar indicates that the Kurdistan Commission will announce its position on supervising the region's elections alongside the Federal Commission, after knowing the position and decision of the president of the region.

Regarding the position of the Federal Commission on supervising the Kurdistan elections or holding them with the local provincial council elections at the end of this year, the Commission confirmed that holding the regional elections with provincial council elections is not technically possible, during its hosting by the Legal Committee in the Iraqi Council of Representatives on Wednesday.

Joumana Ghalai, a spokeswoman for UNHCR, said no official letter has yet reached the commission on the subject.

Speaking to Al Jazeera Net, Ghalay pointed out that the decision to supervise the elections or not is in the hands of the Chairman and members of the Board of the Commission, after studying the preparations, capabilities, logistical, technical and procedural aspects and the requirements of the electoral process for supervising the elections, explaining that holding any elections in the country requires at least 6 months of preparation.

Saman Noah: The region as a constitutional political entity is declining in size, influence and even role in operating inside Kurdistan (Al Jazeera)

Loser and winner

Kurdish journalist Saman Noah said what happened reveals the magnitude of the crisis of legitimacy and constitutionality of institutions in Kurdistan and the accumulated legal and political problems in the region.

Noah asserts that the region, as a constitutional political entity, is declining in size, influence, and even role in operating inside Kurdistan, allowing the federal government to intervene more in the management of some aspects of internal work.

Speaking to Al Jazeera Net, Noah said that it is unclear from the forces that will benefit electorally from the decision of the Federal Court, adding that "holding elections by the previous law and the number of seats previously specified, is in the interest of the Democratic Party, while the supervision of the Iraqi Commission on the elections will be in the interest of the National Union, as the number of voters is different in the lists of the two commissions."

According to Noah, both parties are affected by the decline of their political role in Iraq and even the administrative role inside Kurdistan, and the region's entity, image and sovereignty over its decisions and institutions have been significantly damaged.