| Jordan: Integrity Scorecard Report > Sub-Category: Executive Accountability | ||
| Indicators | Score | |
| 23 | In law, can citizens sue the government for infringement of their civil rights? | 100 |
| 24 | Can the chief executive be held accountable for his/her actions? | 69 |
| 25 | Is the executive leadership subject to criminal proceedings? | 50 |
| 26 | Are there regulations governing conflicts of interest by the executive branch? | 13 |
| 27 | Can citizens access the asset disclosure records of the heads of state and government? | 0 |
| 28 | In practice, official government functions are kept separate and distinct from the functions of the ruling political party. | 100 |
Indicator and sub-Indicator Details
| 23 | In law, can citizens sue the government for infringement of their civil rights? | |||||||
| 23: In law, can citizens sue the government for infringement of their civil rights? | ||||||||
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Comments: References: Article 17 of the Constitution states Jordanians are entitled to address the public authorities on any personal matters affecting them, or on any matter relative to public affairs, in such a manner and under such conditions as may be prescribed by law.
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| 24 | Can the chief executive be held accountable for his/her actions? | |||||||
| 24a: In practice, the chief executive gives reasons for his/her policy decisions. | ||||||||
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Comments: References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007
Peer Review Comments: Ministers do not always give explanations for their decisions in a timely or complete manner.
Peer Review Comments: Yes, but not all the time. There are always efforts to activate this policy, especially in cases where decisions concerns public interest and the stability of the country.
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| 24b: In law, the judiciary can review the actions of the executive. | ||||||||
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Comments: The higher court of Justice can review the actions of the executive. References: Constitution Ch 4, Article 38 [ LINK ]
Peer Review Comments: Ch. 4, art. 38 refers to the king's pardon power. The courts are authorized to hear cases brought by or against the government, (ch. 6, art. 102 of the constitution posted on King Hussein's Web Site). I think the courts can pass on the legality, if not the constitutionality, of specific government actions.
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| 24c: In practice, when necessary, the judiciary reviews the actions of the executive. | ||||||||
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Comments: The judiciary can review the actions of the executive when there is a court case against the executive. The Higher Court of Justice is the arbitrator in this regard between citizens and the executive. It is not evident that the Higher Court of Justice would initiate a review without someone filing a case. References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007
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| 24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices. | ||||||||
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Comments: References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007
Peer Review Comments: Yes, but nowadays they think many times before making such decisions, due to the increased levels of awareness and knowledge.
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| 25 | Is the executive leadership subject to criminal proceedings? | |||||||
| 25a: In law, the heads of state and government can be prosecuted for crimes they commit. | ||||||||
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Comments: References: Constitution Chapter 4, Article 30 [ LINK ]
Peer Review Comments: Only the king is immune. All others are subject to criminal proceedings.
Peer Review Comments: The heads of government are subject to criminal proceedings but the king has immunity.
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| 25b: In law, ministerial-level officials can be prosecuted for crimes they commit. | ||||||||
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Comments: References: Constitution Chapter 4, Article 58 [ LINK ]
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| 26 | Are there regulations governing conflicts of interest by the executive branch? | |||||||
| 26a: In law, the heads of state and government are required to file a regular asset disclosure form. | ||||||||
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Comments: References: The Constitution has no such provisions.
Peer Review Comments: The king is not required to file a regular asset disclosure form, but the head of government is required to do so pursuant the Financial Disclosure Law.
Peer Review Comments: The heads of government are required by law to file asset disclosure forms while in office. The king is not bound by the same requirement.
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| 26b: In law, ministerial-level officials are required to file a regular asset disclosure form. | ||||||||
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Comments: References: The Constitution has no such requirement.
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| 26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch. | ||||||||
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Comments: Article 171 a. of the Civil Service Statute No. (30) At 2007, issued in accordance with article No. (120) of the constitution: it stipulates that an employee will be fired if he or she received a court ruling convicting him of a criminal act such as bribery, or theft, or forging, or misuse of authority... [ LINK ] References: [ LINK ]
Peer Review Comments: The Civil Service Law governs this matter.
Peer Review Comments: There are laws regulating gifts and hospitality offered to members of the executive branch of the government.
Peer Review Comments: There is no such regulation.
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| 26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government). | ||||||||
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Comments: References: No such provisions exist in Chapter 4 of the Constitution.
Peer Review Comments: Except for the king, all others are bound by the Financial Disclosure Law.
Peer Review Comments: Only the king is absolved from this requirement.
Peer Review Comments: There is a law that requires the clarification of the financial status of all public citizens. The law also applies to ministers and others working in sensitive positions.
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| 26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government. | ||||||||
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Comments: References: No such provisions exist in Chapter 4 of the Constitution.
Peer Review Comments: There are no such restrictions, and therefore heads of state and government and ministers enter the private sector after leaving office.
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| 26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective. | ||||||||
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Comments: References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007
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| 26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective. | ||||||||
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Comments: References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007
Peer Review Comments: It is not common for all members of the executive branch to be involved in such matters.
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| 26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited. | ||||||||
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Comments: These records are not regularly audited. However, they are subject to auditing if a court asks for that action. References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007
Peer Review Comments: Asset disclosures are sometimes audited.
Peer Review Comments: These are sometimes audited.
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| 27 | Can citizens access the asset disclosure records of the heads of state and government? | |||||||
| 27a: In law, citizens can access the asset disclosure records of the heads of state and government. | ||||||||
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Comments: References: No such provisions exist in Chapter 4 of the Constitution.
Peer Review Comments: There is no such law.
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| 27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period. | ||||||||
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Comments: This information cannot be accessed by citizens. References: Dr. Nazim Aref, head of the Financial Disclosure Department
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| 27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost. | ||||||||
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Comments: This information cannot be accessed by citizens. References: Dr. Nazim Aref, head of the Financial Disclosure Department
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| 28 | In practice, official government functions are kept separate and distinct from the functions of the ruling political party. | |||||||
| 28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party. | ||||||||
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Comments: References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007
Peer Review Comments: It is hard to think of Jordan as having a ruling political party. The political party system is very weak. The Islamic Action Front, the closest thing to a political party in Jordan, is a distinct minority in Parliament.
Peer Review Comments: This is not applicable, since governments in Jordan are not established on political partiy basis.
Peer Review Comments: This does not apply to Jordanian governments.
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