All Eyes on Federal Court as Kurdistan Salary Crisis Reaches Critical Juncture

Reports 04:08 PM - 2025-06-22

Iraqi Federal Supreme Court.

All attention is currently focused on Iraq’s Supreme Federal Court, as it prepares to issue a writ of injunction requiring the federal government in Baghdad to resume salary payments to public employees in the Kurdistan Region, following a suspension of these payments.

Reports indicate that members of the Federal Court had reached a consensus on issuing the injunction prior to the resignation of six full-time and three reserve judges. Key questions now revolve around whether the court remains capable of issuing such an order and how swiftly the resignations can be addressed.

Composition of the Federal Court

The Federal Court is composed of nine members: the President, the Vice President, and seven full-time judges. Legal expert Ali Al-Tamimi told PUKMEDIA that court sessions must be attended by all nine members.

He explained that, in addition to the full members, four reserve judges are available to fill in during absences, according to the Court's internal regulations.

Injunction Requires Full Participation

Tamimi noted that under the Iraqi Code of Civil Procedure, an injunction is an emergency, provisional measure issued to prevent immediate harm while a primary lawsuit is under consideration.

He clarified that such a decision must be made collectively during a formal court session and cannot be issued solely by the Chief Justice. An absolute majority—defined as half the members plus one—is required for approval.

Judicial Signatures Essential

Tamimi added that if a decision is to be enacted, it must bear the signatures of all participating judges. If the Chief Justice receives a fully signed order, he can proceed with issuing the injunction. Mere consultation, he said, is insufficient—signatures are mandatory for the injunction to carry legal weight.

“If the judges merely consulted without signing the order, it cannot be considered valid,” he said.

Urgency to Restore Court Function

Tamimi warned that the current paralysis of the Federal Court cannot continue indefinitely. “There are critical cases pending before the court, including ratification of parliamentary election results. If the court cannot ratify the results, Parliament cannot convene. I believe the issue must be resolved; the court cannot remain incapacitated.”

Appointment of New Judges

Should the resignations be formally accepted, Al-Tamimi explained, the Supreme Judicial Council would nominate replacements. These nominations would then be forwarded to the President of the Republic, who would formalise them through a presidential decree.

The selection process is handled by a joint committee comprising the President of the Supreme Judicial Council, the President of the Federal Court, the Head of the Public Prosecution Authority, and the Head of Judicial Supervision.

Written Opinions Submitted

Another legal expert, who declined to be named, told PUKMEDIA that all Federal Court judges had already submitted their written opinions on the injunction to the Chief Justice. 

“There is no need for the court to reconvene,” the expert said. “The case is now entirely in the hands of the Chief Justice, as the withdrawn judges have already expressed their positions in writing.”

Background to the Dispute

Tensions over salary payments escalated after Iraq’s Finance Minister announced last month that the federal government would cease allocating funds for the Kurdistan Region’s public sector salaries. The minister claimed that the Region had already received its full share of the national budget for 2023, 2024, and 2025, as approved by Parliament.

In response, on 1 June 2025, public sector employees from the Kurdistan Region filed a lawsuit with the Federal Supreme Court, calling for enforcement of previous rulings mandating the nationalisation (Tawtin) of salary payments by both federal and regional governments. The Court has pledged to issue a prompt decision.

This legal battle is the latest episode in a decade-long financial dispute between Erbil and Baghdad, in which Kurdistan Region’s public employees have frequently borne the brunt of political and budgetary deadlock. The anticipated injunction from the Federal Court is seen as a potential turning point in efforts to resolve this prolonged and deeply contentious issue.



PUKMEDIA