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2007 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	58
30	Are there regulations governing conflicts of interest by members of the national legislature?	39
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	67

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Chapter 6 of the Constitution makes no such provision.

Peer Review Comments: The judiciary may interpret the law, not review it.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The Legislation Bureau has the authority to review all legislations and suggest opinions about them, especially when there is a contradiction or ambiguity. Then the government can send an amendment (to the legislation) to the Parliament for consideration. The Legislation Bureau is not a judicial body, but its members are seasoned judges and lawyers who have served in the judiciary for a long time.

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

Peer Review Comments: The researcher is absolutely correct about the role and the quality of the Legislation Bureau and its members. However, the Bureau is not a part of the judiciary; it can only suggest revisions of draft laws.

Peer Review Comments: The judiciary may interpret the law, not review it.

Peer Review Comments: This does not take place on a regular basis in Jordan.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: Chapter 5 of the Constitution makes no provision limiting prosecution of members of the legislature.

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Financial Disclosure Law, Article 2 B, requires speakers and members of two houses of Parliament to disclose their financial assets.

Peer Review Comments: Yes.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: No such provision exists in Chapter 5 of the Constitution.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: The Financial Disclosure Law article 2 B requires speakers and members of two houses of parliament to disclose their financial assets. A more informal ethics code for members of the National Assembly loosely prohibits gifts and hospitality.

Though not directly related to this indicator, the Criminal Procedures Code of 1961, states that in case of any person convicted by corruption by a final judgment he shall not hold any future governmental position related to Parliament or judiciary or in the council of ministers.

References: [ LINK ]

Peer Review Comments: The Judicial Independence Law covers these matters.

Peer Review Comments: This matter is addressed under Jordanian laws.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: No such provision exists in Chapter 5 of the Constitution.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: The regulations are rather informal and not universally applied.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: Auditing these files takes place if there is a court order to do so.

References: Financial Disclosure Law # 54 of 2006, Article 2 B, requires speakers and members of two houses of Parliament to disclose their financial assets.

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: No such provision exists in Chapter 5 of the Constitution.

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Dr. Nazim Aref, head of the Financial Disclosure Department

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: Dr. Nazim Aref, head of the Financial Disclosure Department

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: Experience with obtaining information from Parliament suggests that it easy and straightforward.

References: The Right to Obtain Information Law #47 of 2007 obliges public institutions to make information available to people.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: Generally, it does not take more than two weeks to obtain such records.

Peer Review Comments: Citizens can access these records within a reasonable time.

Peer Review Comments: The process can take a long time, due to bureaucracy and lack of information.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: There is very little cost to access legislative processes and documents. For example, researchers are not required to pay any amount to use the archives of the house or its documents. The cost entailed is limited to transportation to get there or the cost of the internet if the documents are available on line.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007 Interview with Adel Hawatmeh, a researcher and former employee of the house of representatives.

Peer Review Comments: The cost is reasonable.