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NATIONAL JUDICIAL SYSTEMS

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

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.

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.

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 September 21, 2021
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