Baghdad: Legal expert and consultant Salem Hawas has elucidated that Article 121/Second of the Iraqi Constitution grants regions the authority to amend federal laws within their jurisdiction, provided these amendments do not infringe on exclusive federal prerogatives outlined in Article 109. This provision underscores a fundamental aspect of Iraq's federal system.
According to National Iraqi News Agency, Consultant Hawas clarified that the amendment right allows regions to adapt federal laws to suit local circumstances without repealing them entirely. This adjustment is permissible as long as it does not relate to exclusive federal domains such as defense, foreign policy, currency, and citizenship, aligning with the principles of decentralized governance.
Hawas cited notable instances where regions have exercised this right, including modifications to civil registry laws, personal status laws, investment and tax regulations, and certain administrative procedures related to internal security and policing. These areas fall outside the scope of Article 109, thereby permitting regional amendments and enforcement.
Further, Hawas explained that regional executive departments like traffic, police, justice, and planning operate under legislation issued by the regional parliament based on Article 121. This grants them full autonomy in exercising their powers, independent of federal oversight, except in areas explicitly covered by Article 109.
Hawas emphasized that Article 121/Second clearly states regions are not compelled to apply federal law in cases of conflict, as long as the issue does not lie within the exclusive jurisdiction of federal authorities. This provision grants regional authorities significant legislative powers, ensuring their constitutional independence and safeguarding against federal overreach or administrative interference.