Baghdad: Legal expert and consultant Salem Hawas emphasized that any decisions involving appointments, assignments, or the granting of senior positions during periods when the government and parliament are operating as caretaker authorities violate constitutional provisions. “The Supreme Federal Court, in its decision No. (53/Federal/2010), has established a binding framework for what constitutes a ‘caretaker government,'” Hawas stated. This framework limits the executive authority’s powers to only routine and necessary procedures, ensuring the continuity of public services without extending to decisions that create permanent legal positions.

According to National Iraqi News Agency, Hawas highlighted that this constitutional trend was further reinforced by the Federal Supreme Court’s subsequent decision No. (121/Federal/2022). This decision explicitly stipulated that post-parliamentary session or after the dissolution of the House of Representatives, the government transitions into a caretaker role focused on daily affairs. Concurrently, the House of Representatives becomes a legislative body with restricted powers, aligning with Article (64/Second) of the Constitution. This article mandates that the Prime Minister and ministers handle daily affairs without engaging in appointments, assignments, or introducing new financial burdens.

Hawas further elaborated that the Federal Supreme Court reiterated this principle in its most recent decision, No. (213/Federal/2025), issued on November 17, 2025. This ruling declared that the mandate of the House of Representatives concludes with the initiation of general elections, automatically transforming the government into a caretaker entity with limited powers. This transformation excludes any appointments, the granting of special ranks, the creation of positions, or the incurrence of long-term financial obligations.

In conclusion, Hawas warned that any actions contravening these decisions are deemed unconstitutional and are subject to appeal and annulment. Such actions undermine the principles of legality, the separation of powers, and the protection of public funds.