ERBIL, Kurdistan Region of Iraq - Iraq’s Federal Supreme Court on Monday dissolved the current Iraqi parliament and shifted the federal government to caretaker status, following last week’s parliamentary elections.
The ruling came shortly after an article by Supreme Judicial Council President Faiq Zidan stressed the need to follow constitutional deadlines for forming a new government.
The decision ends the mandate of the fifth parliament and the full powers of the sitting government. However, President Abdul Latif Rashid will continue performing his constitutional duties until the new parliament convenes.
In its statement, the court said any government activity beyond the constitutional timeline has “no basis in the constitution or the law” and is considered invalid. It noted that voters grant lawmakers a limited mandate of four calendar years, and that mandate ends on the day of the general election for a new parliament.
The ruling means the outgoing Council of Representatives no longer has the authority to pass laws or oversee the executive branch. The Council of Ministers now only has limited caretaker powers, restricted to urgent, non-deferrable decisions needed to keep state institutions functioning.
The court clarified that these limited powers do not include signing international agreements, concluding major contracts, proposing draft laws, securing loans, or making appointments or dismissals in senior state positions. They also do not include restructuring ministries or government agencies.
Regarding the presidency, the court said the president remains in office beyond the election until the new parliament meets, in line with Article 72 of Iraq’s 2005 constitution.
The ruling was unanimous, final, and binding on all authorities, issued under Articles 93 and 94 of the constitution and the amended Federal Supreme Court Law No. 30 of 2005.