This month we have a packed Law Update focusing on a sector that is a vital pillar for the region as it continues to push its economies to diversify. Education.
The Education sector has experienced, and overcome, its fair share of challenges. Today, across the region, it serves as an educational hub for nationals, residents, and a growing number of inbound international students.
The advances being made in the Education Sector are a result of Government initiatives being put in place to propel the sector to a global standard. This has piqued private sector interest and we are seeing more public private and international partnerships.
With Education being vital to the progress the region is making, we have a created an edition of Law Update that provides insights, commentary, and updates on the most pertinent developments within the sector. The articles come from a number of jurisdictions across the region and highlight key considerations and the latest legal trends taking shape.Read the full edition
On 15/02/2022, the Federal Supreme Court issued, based on case No. (59/Federal/2021) which is attached with the case (110/Federal/2019), a decision ruling that Oil & Gas Law of Kurdistan Region Government No. (22) of (2007) is unconstitutional for violating the provisions of the in force Iraqi constitution of 2005. The decision included obligating Kurdistan Region Government to hand over all oil production of oil fields in Kurdistan Region and other areas, from which the Ministry of Natural Resources in Kurdistan Region has extracted oil, to the Federal Government and enable to use its authority regarding oil exploration and extraction. The decision granted the right to the Federal Ministry of Oil to follow up the invalidity of the concluded oil contracts by Kurdistan Region Government with foreign parties, countries and companies regarding oil exploration, extraction, export, and sale. Finally, the decision obligated Kurdistan Region Government to enable the Federal Government (Ministry of Oil) and (Federal Board of Supreme Audit Editorial) to review all the concluded oil contracts with Kurdistan Region Government regarding oil & gas exportation and selling for the purpose of auditing and determining the financial rights owed by the Region Government.
The decision of the Federal Supreme Court, in accordance with the provisions of the Constitution and the Federal Supreme Court Law No. (30) of (2005), is considered final and binding on all governmental bodies and authorities. The Federal Supreme Court constitutes one of the pillars of the independent judicial authority in the structure of the Iraqi state. It has specific powers stipulated in Article (4) of the Court Law including oversight on the constitutionality of the enforced laws and regulations.
According to the decision of the Federal Supreme Court above:
Our Iraq litigation team sits within the largest and broadest full service litigation practice in the Middle East and North Africa (‘MENA’). Our lawyers have rights of audience before the local courts of all our operational jurisdictions. Please feel free to reach out to us should you have any enquiries following this update.