توزيع الاختصاصات في الدولة الفيدرالية : العراق إنموذجا : دراسة تحليلية

الملخص EN

The federal system in Iraq was adopted in the permanent constitution of the year 2005, as the first article of this constitution stated that ( The Republic of Iraq is a single federal, independent and fully sovereign state in which the system of government is republican, representative, parliamentary, and democratic, and this Constitution is a guarantor of the unity of Iraq.), also the article (116) of this constitution stipulated ( The federal system in the Republic of Iraq is made up of a decentralized capital, regions, and governorates, as well as local administration), and in the Article (117) of this constitution the Kurdistan Region and its existing authorities acknowledged as a federal region.

As for the issue of the distribution of competencies between the federal authorities and the authorities of the regions and provinces are not regular in the region, the Iraqi constitution dealt with it in the fourth and fifth sections, where the Constitution specified the competencies of the federal authority exclusively, and specified some common competencies between the federal authorities and regions and governorates and left others of the remaining competencies for the regions authorities and governorates authorities that are not regular in a region, and thus the Iraqi Constitution made the powers of the provinces and governorates with the original competencies, and the federal authorities made them special powers.

In addition, the Iraqi Constitution gave priority to the law of the region and the governorates in case of disagreement between him and the federal law.

However, the process of implementing the constitutional articles related to the distribution of competencies between the federal authorities and the authorities of the regions and governorates accompanied by the problems and conflict between these parties, especially those related to the common competencies between the federal authorities and the authorities of the regions and governorates in addition to the failure of the Iraqi parliament to enact the laws stipulated by the Constitution to regulate the distribution competencies between the federal authorities and regions authorities and governorates authorities that are not regular in a province.