The independence of the Iraqi Bar Association's work and methods of monitoring it

Abstract

This research examines the independence of the Iraqi Bar Association and the methods of supervision exercised over its activities, as one of the significant legal issues related to the status of professional associations within the Iraqi legal system. The Iraqi Bar Association performs a dual role that combines the protection of its members’ interests with the promotion of justice and the rule of law. The study addresses the following research question: Does the Iraqi Bar Association enjoy genuine independence in managing its professional, financial, and administrative affairs, or does its subjection to legal and judicial oversight limit such independence?

The research is based on the hypothesis that the Iraqi Bar Association enjoys relative legal and professional independence; however, this independence is not absolute. Rather, it is subject to legal and judicial supervision aimed at ensuring legality and preventing arbitrariness or abuse of professional authority. The study adopts the analytical method through examining the legal provisions governing the Association, particularly the Iraqi Advocacy Law No. (173) of 1965, as amended, in addition to analyzing its legal nature and its regulatory, disciplinary, and supervisory powers.

The study concludes that the Iraqi Bar Association is a professional body of a special legal nature. It is neither a purely private association nor a governmental institution subordinate to the executive authority. Instead, it constitutes an independent professional public utility possessing legal personality as well as administrative and financial autonomy, while exercising certain public authority powers within the limits prescribed by law. The study further finds that judicial review of the Association’s decisions does not undermine its independence; rather, it serves as a safeguard for the proper exercise of its powers, the protection of lawyers’ rights, and the reinforcement of the principle of legality.