Global Integrity Report

Jordan Home

Facts

Timeline

Notebook

Integrity Scorecard

2008 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
26	Can citizens sue the government for infringement of their civil rights?	100
27	Can the chief executive be held accountable for his/her actions?	63
28	Is the executive leadership subject to criminal proceedings?	50
29	Are there regulations governing conflicts of interest by the executive branch?	25
30	Can citizens access the asset disclosure records of the heads of state and government?	0
31	Official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

Can citizens sue the government for infringement of their civil rights?

26: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: Constitution Article 17: Jordanians are entitled to address 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.

Supreme Court of Justice #12/1992 Article 9a: the Court's exclusive jurisdiction is to hear appeals from stakeholders and for the following matters: a-7: Appeals by any aggrieved party who requests the suspension of the provisions of any temporary law that is unconstitutional or any bylaw contrary to the law or the Constitution; a-10: Appeal against any final administrative decision even if it was supported by the law on which it was based.

References: Constitution article 17, [ LINK ].

Supreme Court of Justice Law #12/1992 Article #9a: [ LINK ].

Can the chief executive be held accountable for his/her actions?

27a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: Chief executives do not always justify their policy decisions. However, there are efforts to set this policy in motion.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

27b: In law, the judiciary can review the actions of the executive.

Score:

YES

References: Constitution article 102: [ LINK ].

Supreme Court of Justice Law #12/1992 Article #9a: [ LINK ].

27c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The law of the Supreme Court of Justice stipulates that persons who are directly affected by administrative actions can appeal to the courts.

References: Supreme Court of Justice Law #12/1992 Article #9c-2, [ LINK ].

27d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

Is the executive leadership subject to criminal proceedings?

28a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: The King is the Head of the State and is immune from any liability and responsibility. In principle, the Prime minister may be prosecuted for crimes in the High Tribunal. The High Tribunal consists of the Speaker of the Senate as President and eight members, three of whom shall be senators selected via ballot by the Senate. Five members are to be selected from among the judges of the highest Civil Court in order of seniority. If necessary, any vacant position shall be filled by presidents of the lower courts, also in order of seniority.

References: Malik Alamaireh, The 2007 Jordan National Integrity System Report, p 16-18, [ LINK ]. Constitution: Articles 30,55-58, [ LINK ].

28b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: The procedure for prosecution of ministers, including former ministers, as stated in the Constitution, makes it practically impossible to prosecute any ministers for crimes that they commit. Thus, no minister has ever been prosecuted in the history of Jordan, in spite of the many claims of corruption and trials where ministers were sued for corruption.

References: Malik Alamaireh, The 2007 Jordan National Integrity System Report, p. 16-18, [ LINK ]. Constitution: Articles 55-58, [ LINK ].

Are there regulations governing conflicts of interest by the executive branch?

29a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: The King is not required to file a regular asset disclosure form. In contrast, the Prime minister is required to do so.

References: Asset Disclosure Law #54/2006 Article #2, [ LINK ].

29b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Asset Disclosure Law #54/2006 Article #2, [ LINK ].

29c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: This bylaw (adopted by the government) neither specifies discrete borders between prohibited gifts and those within accepted standards, nor between bribes and gifts. The administrative penalty mentioned here is not decided by a court and thus may be poorly enforced.

References: Civil Service Bylaw #30/2007, [ LINK ] Article #68 states that a public officer is prohibited to engage in any of the following activities subject to disciplinary penalties:

d- To abuse his/her job for a personal advantage or for the benefit of a third party who has no right to same; or to receive or request any gifts, in kind or in specie gratuities during his/her service from any person that has relation, connection, or interest with the department but within the usual accepted standards of respect and appreciation.

Peer Review Comments: Article 68 paragraph d of the Civil Service regulations states that an employee, under the liability of punitive penalty, is prohibited from doing any of the following: ... d) use his position for personal gain or third party gain who has no right to receive such gain; or to accept or request any financial or in kind tips from any concerned party or related to the department or has an interest with the department during his appointment, unless it was within accepted normal criteria known for respect and appreciation..."

29d: 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).

Score:

YES

Comments: There are no requirements for the independent auditing of the King's property. In contrast, there are such requirements for the head of ministers.

References: Asset Disclosure Law #54/2006 Article #2, [ LINK ].

29e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: Constitution Chapter 4, [ LINK ].

Peer Review Comments: There are so many cases where ministers entered the private sector after leaving office and then went back to being ministers.

29f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are no regulations that restrict post-government private sector employment for heads of state and government and ministers.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

29g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: The regulations governing gifts and hospitality to members of the executive branch are vague, not very restrictive, and are routinely ignored and unenforced.

References: Interview with Dr. Suhaib Momany, lawyer and consultant, Amman, Jan. 10, 2009.

29h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: These disclosures are audited by a judicial council only upon request of a court that is pursuing an active case. Such a request had never been made since the law of Disclosure of Assets was adopted.

References: Phone interview with Hussein Alkhlayleh, authorized officer of the Asset Disclosure Department, Jan 7, 2009.

Asset Disclosure Law #54/2006 Article #5, 7, [ LINK ].

Can citizens access the asset disclosure records of the heads of state and government?

30a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: These disclosures are audited by a judicial council only upon request of a court that is pursuing an active case. Such a request had not been made since the law of Disclosure of Assets was adopted.

References: Asset Disclosure Law #54/2006 Article #7, [ LINK ].

30b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: This is not stated in the legislation.

References: Asset Disclosure Law #54/2006 Article #7, [ LINK ].

30c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments:

References: Asset Disclosure Law #54/2006 Article #7, [ LINK ].

Official government functions are kept separate and distinct from the functions of the ruling political party.

31: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: Parties do not rule in Jordan.

References: Parties do not rule in Jordan.