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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