Shafaq News..Iraq’s Supreme Court validates cabinet dismissal power

Shafaq News- Baghdad

Iraq’s Federal Supreme Court has ruled that
the government can remove directors general deemed unfit for their posts, while
parliament must approve the removal of officials holding special grades.

The court issued the ruling on Aug. 24 and
published it on Thursday after Prime Minister Ali al-Zaidi asked it to
interpret Article 80 of the Constitution, which defines the powers of the
Council of Ministers.

In ruling No. 227/Federal/2026, the court
found that the cabinet can dismiss directors general whose lack of competence
or suitability for their positions has been established. It also ruled that
Legislative Decision No. 880 of 1988 does not prevent the cabinet from
exercising that power, except in cases covered by the legislation.

The court stressed that the government’s
power to dismiss officials remains subject to legal safeguards for public
employees. Dismissals must comply with the law and serve the public interest
and the proper functioning of state institutions.

The ruling also bars the use of dismissal
procedures to bypass legal protections or required procedures. It requires
authorities to avoid creating duplicate positions or imposing financial costs
on the public treasury without a legal basis.

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