Jordan – Judicial Systems – en

NATIONAL JUDICIAL SYSTEMS

The Member State judicial systems are very diverse, reflecting differences in national judicial traditions.

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Judicial Systems In Member States – Jordan

This section provides you with an overview of the national judiciary system and court system in Jordan .

Jurisdictions

The Constitution of the Hashemite Kingdom of Jordan established the principle of the independence of judiciary and established rules that maintained the same immune from interference in the affairs thereof, as it states that judges are subject to no authority over them except for the law, and the Judicial Council alone may appoint regular judges and manage all their affairs as per the provisions of the Law on the Independence of Judiciary. The Constitution also guarantees the right to litigation for everyone, by stating that courts are open to all.

Types of courts as per the provisions of the Constitution; regular, religious and special courts. The regular courts, the administrative judiciary, the public prosecution, and some special courts fall under the umbrella of the Judicial Council.

Judiciary

Regular Courts

All types of courts, their degrees, divisions, and jurisdictions, and how they are administered, shall be determined by a special law as per the provisions of the Constitution. Regular courts may eliminate all persons in civil and criminal matters, including lawsuits filed by the government or instituted thereagainst, with the exception of articles wherein the right of adjudication may be delegated to religious courts or special courts under the provisions of the Constitution or any other applicable legislation. The Courts are divided as follows:

Court of Cassation: It is the highest of the judicial hierarchy and is not considered a degree of litigation. It is the court of law except in cases of Grand Criminal Court, State Security Court and Police Court cases.

The Court of Cassation has a technical office that undertakes preparation of legal studies of appeals submitted to the court in human rights, criminal and financial cases (tax and customs), in addition to providing the judges with the necessary legislative provisions and precedents issued by the Court of Cassation related to the cases subject of appeal, in avoidance of any discrepancies between judgements.

Court of Cassation

Courts of Second Instance: These are the courts of appeal, which are represented by:

Courts of Appeal: These are the three courts of appeal in Amman, Irbid and Maan, in addition to the Tax Court of Appeal and the Customs Court of Appeal. These courts have jurisdiction over the appeals received against judgments issued by the courts of first instance affiliated therewith. These courts also consider any appeal filed therebefore under any other law.

Courts of First Instance are in their appellate capacity: they are competent under Article (8) of Magistrate Courts Law No. (23) of 2017 to hear the appeals received against all the judgments issued by the Magistrate Courts affiliated therewith.

Courts of First Instance: namely:

Court of First Instance: They are formed in the governorates, districts, or any other place pursuant to a law whereby the spatial jurisdiction is determined for each court. They are concerned with hearing and settling cases that do not fall within the jurisdiction of another court under any other law and in urgent requests.

Magistrate Courts: They are formed in the governorates, districts, or any other place pursuant to a law whereby the spatial jurisdiction is determined for each court. They are subordinate to the court of first instance that falls within of the spatial jurisdiction thereof. Magistrate Courts’ competencies are determined according to Articles (2, 3, and 6) of Magistrate Courts Law No. (23) of 2017.

Economic Chamber: A central economic chamber was established in the Amman Court of First Instance and an economic chamber at Amman Court of Appeal, as per the provisions of the amended Regular Courts Formation Law No. (30) of 2017, in addition to allocating a judicial panel at the Court of Cassation. Its competencies are determined pursuant to Articles (4.d) and (6.c) of Regular Courts Formation Law.

Public Prosecution

Public Prosecution Office Members shall be entrusted with instituting criminal proceedings, initiating and following up thereon as per the provisions set forth in the Code of Criminal Procedure and other laws. It consists of:

  1. Head of Public Prosecution: He is a judge who performs the function of Public Prosecution before the Court of Cassation, and he has a number of assistants who exercise his same powers.

  2. Attorney General: He is a judge who performs the function of Public Prosecution before the Court of Appeal whereat he is assigned, and he has a number of assistants who exercise all the powers specified for the Public Prosecutor under the Code of Criminal Procedure and other laws. There are three public representatives who perform these tasks in Amman, Irbid and Maan, in addition to the Grand Criminal Court Public Prosecutor, who exercises the same powers before the Grand Criminal Court.

  3. Public Prosecutor: He is a judge who performs the function of Public Prosecution before the Courts of First Instance or is appointed thereat within his competence and within the Grand Criminal Court’s jurisdiction. A Public Prosecutor may also be appointed at any Magistrate Court.

Under the provisions of Income Tax Law No. (38) of 2018, the tax public prosecution office was attached to the regular judiciary, so the tax public prosecutor and whoever presides thereover, including assistants and tax public prosecutors, became administratively subordinate to the Head of Public Prosecution.

 

Administrative Judiciary

The Hashemite Kingdom of Jordan Constitutional Amendments of 2011 included providing in Article (100) for establishing an administrative judiciary at two levels instead of what was previously in place through the High Court of Justice as a single level. In implementation thereof, and as per the provisions of Article (3) of Administrative Judiciary Law No. 27 of 2014, the Administrative Judiciary was established. It consists of the Administrative Court as a court of first instance, and the Supreme Administrative Court.

The Administrative Court shall have jurisdiction to hear all appeals related to final administrative decisions, as per the provisions stipulated in Article (5) of Administrative Judiciary Law, and its decisions are subject to appeal before the Supreme Administrative Court.

The Supreme Administrative Court shall have jurisdiction to hear the appeals brought therebefore in all the final judgments issued by the Administrative Court, from both the substantive and legal points of view.

The persons of the public administration shall be represented, before the administrative judiciary in all the procedures of the administrative case and for the last stage, by an administrative public prosecution formed of a president and his assistants.

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Last Updated March 10, 2024

Jordan – MEMBER STATES

Member States

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Jordan

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Jordan | National Judicial Training Institute/School

المعهد القضائي الأردني

المعهد القضائي الأردني

The Judicial Institute of Jordan

Contacts:
Nearby 8th roundabout, Masoud bin Saad St.,
Amman, Jordan.
Open: Sunday-Thursday (8:00am-3:00pm)
P.O.BoX: 925987 Amman/ 11110 Jordan
Phone: +962-6-5512507/8/9
Fax: +962-6-5512505
Email: Info.jij@moj.gov.jo
Website: www.jij.gov.jo

About The Judicial Institute of Jordan

The Judicial Institute of Jordan

JIJ was established in 1988 and was charged with the following tasks: 1. Qualifying candidates for judicial posts and any legal jobs needed by ministries, government departments, as well as official and public institutions. 2. Raising the capacity of judges and employees in the Ministry of Justice through continuous training courses. 3. Exchanging experiences and strengthening cooperation with similar institutes in Arab and foreign countries in the fields of judicial work. – The Law of 2019 on the Independence of the Judiciary was amended, and JIJ thereby became linked to the President of the Judicial Council, in order to affirm the principle of the independence of the judiciary and simulate the laws applicable in developed countries. Accordingly, JIJ Regulation No. 49 of 2020 was issued.

JIJ New Building By the end of 2019, JIJ’s march was culminated in the opening of the New Building by His Majesty King Abdullah II bin Al Hussein, which was built with a grant awarded by the European Union (EU) as per the latest specifications and standards.

  • The design idea is to separate the administrative building from the training building by providing a green space between both buildings.

  • A main theater equipped with lighting, audio, video, and modern translation systems and a display, in addition to two (2) seminar rooms equipped with sound, lighting and translation systems, equipment and displays.

  • A library that contains 17,000 of the most important legal and juristic books.

  • A museum for the purposes of documenting the memory and the march of the Judicial Institute of Jordan and the Jordanian judiciary.

    Performance Excellence

  • Modernizing JIJ’s organizational structure to suit JIJ’s main tasks.

  • Developing plans and indicators and updating work manuals and procedures.

  • In 2016, JIJ received the Seal of Excellence in the King Abdullah II Award for Excellence in Governmental Performance and Transparency.

  • In 2018, JIJ received the Bronze Award in the King Abdullah II Award for Excellence in Governmental Performance and Transparency.

JIJ Diploma A non-academic qualification program for holders of undergraduate degree in law that lasts for a period of no less than two (2) years. Who passes the program successfully will be awarded a JIJ diploma, which qualifies them to practice the judiciary. Enrollment Qualifications of JIJ Diploma: 1. JIJ Diploma shall have delegates be accepted pursuant to the provisions of the Scholarships law in the Ministry of Justice (Future Judges Program); 2. Ministry of Justice Legal employees; 3. Lawyers Professors; 4. Top law students in the official Jordanian universities; and 5. Non-Jordanian delegates are accepted within the conditions determined by JIJ Board of Directors. – Since JIJ’s inception and until 2019, nineteen (19) graduating batches have graduated, and the number of Jordanian graduates has reached (825 graduates); 599 males and 226 females. – The number of graduates from the sisterly Arab countries is 37 graduates from Palestine, Yemen and Oman. – JIJ provided the judicial corps with 77.2%.

Continuous and Specialized Training

  • The continuous and specialized training for judges is carried out through an annual training plan and in continuous coordination with the Judicial Council based on internationally agreed scientific and academic foundations, so that this plan simulates national and international legal and judicial developments such as commercial and economic issues, mediation and insolvency.

  • Applying training evaluation methodology to measure its impact on recipients like judges and to control the quality of their procedures.

  • Building the capacities of competent judge-trainers through TOT programs given by international experts.

  • Holding training courses to build and develop the capacity of the supportive administrative bodies in the Ministry of Justice in collaboration with the ministries to implement the Ministry’s training plans.

  • Holding specialized training courses for public and private sector employees and delegates from external and international bodies.

JIJ has adopted the latest practical technical methods in judicial training to keep pace with the continuous technological development by launching the distance learning (e-Learning) platform in 2018, and a number of electronic training rooms have been equipped in the capital and some regions.

  • Modern technology such as smart screens and e-Learning rooms are used to enrich the training process.

  • Training courses for judges and jurists in neighboring Arab countries are designed to suit their needs and are in line with their judicial laws. In coordination with the Judicial Council, trainers are selected from among the qualified and experienced judges to provide these training courses.

  • During the past ten (10) years, cooperation has been made with several Arab countries (Iraq, Oman, Palestine, Saudi Arabia, Kuwait, Bahrain) to provide courses that included 515 participants.

Digitalization

  •  JIJ has kept pace with the information revolution since its inception, and introduced modern technologies in the design, implementation and evaluation of its training and qualification courses. Currently, there are computer laboratories in JIJ dedicated to several purposes, the most important of which is the activation of e-learning, in addition to allocating e-learning rooms in several courts.

  • Providing an electronic platform on which to list recorded training courses that enable the judge and students to refer to it whenever and wherever they are.

  • Computerizing the procedures for measuring judges’ training needs by providing e-questionnaires and publishing them on JIJ’s website to be filled out by the judges.

  • Underway is building an e-Library that includes a large number of legal and judicial references and general knowledge, both Arab and foreign, in addition to hosting a database of international libraries and centers.

    International Cooperation

  • JIJ made and entered into several memoranda of understanding (MOUs) with Arab judicial institutes as well as regional and international institutions centered on judicial training, strengthening the rule of law, building the capacities of those working in the legal and judicial fields, sharing experiences and exchanging knowledge. In this regard, the following has been made:

  • Signing (13) bilateral MOUs with judicial institutions and institutes in the Arab countries (Egypt, Morocco, Oman, Tunisia, Kuwait, Palestine, Libya, Yemen, Syria).

  • Signing (12) MOUs with international institutions.

  • Signing (3) MOUs with local institutions (Banks Association, Public Security, Military Judiciary).

  • Activating the cultural exchange between students in JIJ and École nationale de la magistrature (ENM) in France, where JIJ received (9) students from ENM and sent (9) JIJ Diploma students.

    JIJ is the seat of the Permanent Secretariat of the Euro-Arab Judicial Training Network (EAJTN) (it has 13 member countries) of which there are (7) Arab countries: (Jordan, Palestine, Morocco, Tunisia, Algeria, Kuwait, and UAE), and (6) European countries: (Belgium, France, Italy, Spain, Romania, the Netherlands).

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Jordan | National Official Representative(s) to EAJTN

H.E. Judge

Dr. Jamal Hosni Darwish Haroun

Place and date of birth: Amman (1966)

Academic Qualifications:
1- Bachelor of Law from the University of Jordan with a grade of very good in 1988
2- Master’s degree in private law from the University of Jordan with a grade of very good in 1993
3- Ph.D. in (Intellectual Property) from Amman Arab University, with distinction in 2003

Practical experiences:
1- A practicing lawyer and a member of the Jordanian Bar Association from 1990 to 2001
2- A judge in the judiciary since November 27, 2001 to date
3- Part-time lecturer at Amman Arab University for Graduate Studies
4- Lecturer at the Jordanian Judicial Institute
5- Lecturer at the Arab Union Arbitration Center for the Protection of Property Rights
6- Lecturer at Talal Abu-Ghazaleh Intellectual Property Organization

Judicial Functions:
1- Assistant to the civil attorney general in Amman from 2001- 2003.
2- A magistrate at the Amman Court of First Instance from 2003-2004
3- A judge of first instance at the Amman Court of First Instance from 2005-2014
4- Appeal judge at the Amman Court of Appeal from 2014-2017
5- President of the Madaba Court of First Instance from 30/7/2017 to 31/7/2018
6- President of the South Amman Court and its subsidiary courts from 1/8/2018 to 1/9/2019
7- A full-time judge at the Judicial Institute from 1/9/2019 to 30/8/2020
8- A judge at the Amman Court of Appeal from 1/9/2020 to 30/8/2022
9- Director General of the Judicial Institute from 1/9/2022 to date.

Membership:
1- Member of the special committees for implementing the recommendations of the Royal Committee for the Development of the Judiciary and Strengthening the Rule of Law
2- Member of the strategic plan committees of the Judicial Council for the years (2017-2021).
3- Member of the disciplinary board at the Judicial Institute
4- Member of the Committee for the Modernization and Development of Legal Lawsuits Procedures and the Execution of Judgments
5- Member of the Committee of Scientific Missions for Judges
6- Member of the Council of the Faculty of Law at the University of Jordan

Courses and Seminars:
1- Participant in many local and international Arab and foreign judicial seminars and courses
2- Member of a discussion committee in many legal researches at the Jordanian Bar Association
3- Supervisor and discussion member for many legal researches at the Judicial Institute
4- Supervisor of many master’s theses submitted to Jordanian universities

Brief About National Judicial Systems in Member States: Jordan – All Countries

Last Updated March 10, 2024