التنظيم القانوني لتكوين الأقاليم في العراق في ظل دستور سنة 2005

Abstract EN

The federalism approved by the Iraqi constitution in 2005 As well as the Law of Administration for the State of Iraq for the Transitional Period in 2004, It differs from other federation experiences and it is distinguished from it in terms of its residence, Which is generally based on the existence of a prior ( advance) agreement between the two parties or several parties It regulates the relationship between the government and the federal government and the government of the constituent parties to the federation, This is what did not happen when the federation was established in Iraq by the various Iraqi components Rather, it was based on its inception on a unilateral initiative, as a result of the existence of one semi-independent region, which is the Kurdistan Region This is what gave this federation a unique character.

Although the Iraqi federal constitution of 2005 gave the right to governorates that are not organized in a region to establish new regions at the federal level.

But, he did not specify a maximum number of governorates that a region could consist of.

As well as leaving the procedures for the formation of regions to ordinary law.

Here, several questions have been raised in this context regarding the possibility of the governorate to withdraw from the region that it formed with other governorates، And back to the form of governorate Or to form a region independent of the region with which it was formed As well as the possibility of joining two or more regions to each other in case there are several regions to form a new unified region, or the possibility of canceling the region and ending its existence as a federal unit and returning it to the governorate level.

In this study, we tried to answer these questions Under the Federal Constitution as well as the Law on Executive Procedures for the Formation of Regions No.

13 of 2008, Based on the comparative analysis method, And We concluded the research with the most important conclusions and suggestions that we reached during our study of this subject.