Advice on the reform of coercive execution law in the Kurdistan Region of Iraq

Representatives of the delegation from the Kurdistan Region of Iraq with the experts Wolfram Eberhard (left), former judge at the Local Court of Berlin-Tiergarten, and Karl Peter Puszkajler (right), former judge at the Higher Regional Court of Munich, and the IRZ Head of Section for North Africa and the Middle East, Patrick Schneider (third from right).

Representatives of the delegation from the Kurdistan Region of Iraq with the experts Wolfram Eberhard (left), former judge at the Local Court of Berlin-Tiergarten, and Karl Peter Puszkajler (right), former judge at the Higher Regional Court of Munich, and the IRZ Head of Section for North Africa and the Middle East, Patrick Schneider (third from right).

From 19 to 29 January 2015 the final consultations on the reform of the Kurdish Coercive Execution Act took place in Berlin. Apart from a delegation of seven members from the Kurdistan Region of Iraq, two experts from the IRZ, Wolfram Eberhard, former judge at the Local Court of Berlin-Tiergarten, and Karl Peter Puszkajler, former judge at the Higher Regional Court of Munich, participated in these consultations. The Kurdish delegation consisted of high-ranking representatives of the Kurdish administration of justice, the parliament and the so-called Shura Council, a second parliamentary chamber.

The project for the reform of the law on coercive execution started at the end of 2012 upon the initiative of the Kurdish government and the German Foreign Office. It was continued in 2013 with 10-day consultations in the capital of the Kurdistan Region of Iraq, Erbil. A complete redraft of the original Act has now been completed in Berlin.

A well-functioning coercive execution system is not only of great importance for the economic development of the Kurdistan Region. It also provides a reliable framework for the conclusion of legal transactions because in the case of a later non-performance by one of the parties, it is guaranteed that the claims can be coercively enforced with the assistance of the state if necessary. The lack or poor enforcement of such a guarantee is a considerable investment obstacle. For the economically growing Kurdistan Region this new legal framework is of utmost importance. This also applies to the family law part of the Coercive Execution Act as the changing social conditions require new legal regulations (e.g. in the case of divorce). The completed draft will now enter the parliamentary proceedings in the Kurdistan Region of Iraq. The IRZ will remain in contact with the Kurdish Ministry of Justice and the Parliament of the Kurdistan Region of Iraq to provide further support.