Lower House to challenge constitutionality of Judiciary Independence Law

AMMAN — The Lower House on Tuesday agreed to challenge the Judiciary Independence Law before the Constitutional Court upon the request of a majority of MPs.

A group of 72 lawmakers signed a memorandum requesting a constitutional challenge of Article 15 of the Judiciary Independence Law, citing its inconsistency with the Constitution.

The said article grants the Judicial Council the authority to send any judge to retirement upon a recommendation from a committee formed by the five longest-serving judges of the Court of Cassation.

Authors of the memo, a copy of which was seen by The Jordan Times, argued that allowing the termination of judges' services carries a possibility of unconstitutionality as it calls into question guarantees of the independence of the judiciary stipulated in Articles 97 and 98 of the Constitution. 

According to Article 97 of the Constitution, "Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law." Appointment and dismissal of judges of the civil and Sharia courts shall be under a Royal Decree in accordance with the provisions of the law, according to Article 98.

Under Article 60 of the Constitution, only the Council of Ministers, the Senate and the Lower House can challenge laws before the Constitutional Court.

 MPs passed amendments to the Judiciary Independence Law in July 2017.

Under the law, the Judicial Council, the top judicial authority in charge of running the court system, will be composed of a president (appointed by the King), the president of the Supreme Administrative Court (vice president), chief prosecutor at the Court of Cassation, a judge from the Court of Cassation, presidents of the courts of appeal, secretary general of the Ministry of Justice, president of the Amman-based Court of First Instance and two heads of courts of first instance from governorates other than the capital.