الأمر الولائي الصادر من المحكمة الاتحادية العليا : دراسة تحليلية في ضوء قرارها المتعلق باستفتاء انفصال إقليم كردستان العراق

Abstract EN

The state order is one of the measures taken by the judiciary in specific matters that require urgent intervention from that authority, and this procedure is through an application submitted to the judiciary that includes the reasons justifying its submission, so that the role of the court comes to accept it or not accept it according to its conviction, and this state order is not limited to the judiciary Ordinary, it is possible to submit it to the constitutional judiciary, and the best proof of this is that the Iraqi Federal Supreme Court has accepted the request submitted by the former Prime Minister to issue a state order to stop the implementation of the order issued by the Kurdistan Regional Authority No.

(106) which includes the referendum on the independence of the region As well as some disputed areas, such as the Kirkuk governorate, and indeed that court issued its decision to accept the request and suspend the referendum, because it poses a clear threat to the unity and independence of the state and has risks to social peace, in addition to being contrary to the 2005 constitution.The state order is not new in its applications in the Iraqi judiciary arena.