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2008 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	8
33	Are there regulations governing conflicts of interest by members of the national legislature?	14
34	Can citizens access the asset disclosure records of members of the national legislature?	0
35	Can citizens access legislative processes and documents?	92

Indicator and sub-Indicator Details

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

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: Various parties and journalists demanded the establishment a constitutional court that would pass judgments on the legality or constitutionality of laws passed by the legislature, but the court has not been established yet.

References: Constitution Chapter 6, [ LINK ] doesn't state anybody have the right to review laws passed by legislature.

Peer Review Comments: There are cases where there have been objections before the court of justice, but I affirm that there is much need for a constitutional court.

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The judiciary does not review the legislation. In order to investigate a law's constitutionality, legislature might pass it to the Supreme Council (Constitution article #122), which is not part of the judiciary. The government usually passes draft laws to the Legislation Bureau for review before these drafts are sent to parliament. This bureau also is not part of the judiciary.

References: The Jordan Nation Integrity System 2008 Report, Malik alamaireh, Good Life Studies Center, [ LINK ].

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: The constitution does not exclude the members of the national legislature from criminal court proceedings. Minsters of Parliament (MP) enjoy immunity only during the parliamentary sessions. The official parliamentary session is three months a year unless the King decides to extend it, and usually, the parliament positively responds to judiciary requests for MP immunity lifting. Despite this, the fact that Parliament controls the lifting of immunity qualifies the answer as a NO score here, based on the scoring criteria.

References: Constitution Chapter 6, [ LINK ].

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

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

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

33b: 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: No such provision exists in the Constitution.

References: Constitution Chapter 6, [ LINK ].

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: There are regulations regarding bribes, yes, but gifts, no. The vague civil service regulations governing this issue do not apply to members of the legislature.

References: Constitution Chapter 6, [ LINK ].

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..."

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

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

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

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: Not applicable.

References: Constitution Chapter 6, [ LINK ].

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: There are no such regulations. The vague civil service regulations on this issue do not apply to members of the legislature.

References: Constitution Chapter 6, [ LINK ].

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

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

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

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

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

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

34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: This is not allowed in the legislation.

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

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: This is not allowed in the legislation.

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

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: The Right to Obtain Information Law #47/2007 Articles 4, 8, [ LINK ].

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Legislature official records that include debates and votes are kept in the parliament. Every citizen has the right to access these records. This might take some time and effort only because of the bureaucracy, which allows personal relations to play some role in providing access. In the worst case scenario, applicants have to go and request the records and it may take some hours to obtain them.

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

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: Citizens only have to pay the cost of copying the documents.

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