Online exchange of experiences on the structure and functioning of the constitutional court jurisdiction in Jordan and Germany

Jordan

On 23 March 2022, the IRZ, in cooperation with the Constitutional Court of Jordan, organised an online discussion on the structure and functioning of constitutional court jurisdiction in Jordan and in Germany. The event was held within the framework of institutional funding by the Federal Ministry of Justice (BMJ).

The IRZ has been working with the Constitutional Court of Jordan since its establishment in 2012. After the impact of the Covid-19 pandemic cooperation became difficult, activities are anticipated to resume in full this year.

The discussion on the following topics, among others:

  • The establishment of the Constitutional Court of Jordan and its role in protecting freedoms and democracy,
  • the structure, organisation and guidelines of the constitutional court jurisdiction in Germany,
  • procedures and methods of decision-making (including abstract and specific judicial review and the individual constitutional complaint),
  • the role of constitutional jurisdiction in the protection of human rights in Germany.

The seminar was opened by Mr. Sidi M. O. Khairy, Project Manager for the Middle East. He welcomed the participants on behalf of the IRZ and contributed to the discussion with questions and suggestions. On the Jordanian side, the event was co-organised by presentations by Mr Fayez Al-Hamarneh and Dr Akram Al-Masaedah, Judge at the Constitutional Court of Jordan. Prof. Dr Michael Eichberger, former judge of the Federal Constitutional Court, and Prof. Dr Reinhard Gaier, also a former judge of the Federal Constitutional Court, took part in the event on behalf of IRZ.

The similarities and differences in the constitutional court jurisdictions of both countries were explored during the exchanges and the consolidation of the still young Constitutional Court of Jordan and its role in the protection of human rights and democracy were discussed. In his presentation, Judge Dr. Akram Al-Masaedah explained the origins of the Constitutional Court of Jordan, its structure, organisation, guidelines and its role in the protection of civil liberties and democracy. The discussion also raised the question of how the constitutional court jurisdiction should behave if the decisions taken are not implemented by the state authorities. In this context Prof. Dr. Reinhard Gaier addressed the situation in Germany and said that the decisions of the Federal Constitutional Court were generally implemented and that no further measures were necessary. If, for example, a standard or rule is declared null and void, it is established that such standard or rule was invalid from the outset (ex tunc). No specific measure of enforcement is required for the immediate implementation of such a decision; however, the application of the respective standard or rule, in particular by the courts, should be avoided. Moreover, the court can respond in various ways to the legislator's failure to implement a regulatory mandate. The legal basis for this is the power under § 35 of the Federal Constitutional Court Act to regulate the enforcement of its decisions. Accordingly, the Federal Constitutional Court may determine in its decision who shall enforce it and may also regulate the manner of enforcement in individual cases.

The event demonstrated that the topic requires further discussion and some in-depth exchanges of views. The IRZ will therefore continue and deepen its long-standing cooperation with the Jordanian judiciary in the coming months.

Online Seminars on the Topic of "Modern Court Administration”

Graphics: IRZ
Graphics: IRZ
Jordan

In October and December 2021, IRZ, in cooperation with the Jordanian Judicial Council and the Jordanian Judicial Academy, organised two online seminars on the topic of "Modern Judicial and Court Administration" . The events were aimed in particular at court presidents and were financed within the framework of institutional funding by the Federal Ministry of Justice (BMJ). 

The seminars focused on the following key topics, among others:

  • Modern court and judicial administration in Jordan and Germany 
  • Strategies for strengthening the effectiveness, efficiency and qualitative improvement of court work 
  • Change management in court and judicial administration 
  • Recruitment procedures and methods of personnel management 
  • Training opportunities for the judiciary 
  • Fighting corruption in the judiciary and judicial administration 

On the Jordanian side, the seminars were opened by the President of the Court of First Instance of Amman, Ayoub Al-Sawair. In his presentations, he focused on the structures and reform projects in the Jordanian court administration. In particular, the effects of the COVID-19 pandemic have also posed great challenges to the Jordanian courts and revealed new needs. 

From the IRZ side, the events were accompanied by Christian Schmitz-Justen, Vice-President of the Cologne Higher Regional Court, and Gerd Nolden, Leitender Regierungsdirektor of the Cologne Higher Regional Court. 

The aim of the events was to exchange experiences and methods on court and personnel management and to provide the participants with new knowledge and skills in these areas. 

In the coming year, IRZ will continue and deepen its long-standing cooperation with the Jordanian judiciary.

Exchange of experiences on the topic of “International legal foundations of asylum law and international best practice models”

Graphics: IRZ
Graphics: IRZ
Jordan

Jordan hosts more than 750,000 refugees, 80 per cent of whom live outside refugee camps in urban areas. The capital city, Amman, alone is currently home to more than 270,000 refugees. After Lebanon, Jordan has a higher percentage of refugees than any other country in the world, with one in three people living in Jordan a refugee. It is not just the strain on the economy that poses a challenge for the state in dealing with refugees; access to justice for vulnerable groups is also difficult in Jordan. In order to counteract this, numerous civil society organisations are getting involved, offering legal counselling for refugees in order to support them.

In this context, IRZ together with the three Jordanian non-governmental organisations Justice Center for legal aid, Mizan and ARDD organised a first online exchange of experiences on the topic of “International legal foundations of asylum law and international best practice models”, which took place on 1 July 2021. The aim of the event was to identify any shortcomings in dealing with refugees and to share expertise from German practice with the organisations. Another subject of discussion was how representatives from civil society can improve the situation of refugees and offer them support.

Birgit Naujoks, Managing Director of the Refugee Council NRW, and lawyer Jochen Beekes participated in the event on behalf of IRZ. Once Jochen Beekes had presented the developments and resulting shortcomings in German asylum law, Birgit Naujoks explicitly addressed the role of representatives from civil society in migration issues. On the Jordanian side, Hadeel Abdel Aziz (Legal Center) and Suzan Mohareb (ARDD) reported on the work of their organisations and the situation of refugees in Jordan. Following on from the introductions by the experts, the discussions focused on the following topics:

  • Implementation of international conventions in national law: Geneva Refugee Convention and European Convention on Human Rights
  • Asylum law and its practice in Germany: Priorities and reforms since 2015
  • The role of civil society in asylum and migration issues in Germany: Refugee councils in Germany as examples of best practice

The lively discussions and exchanges between the experts and participants reflected the particular relevance of the topic. It also became clear that dealing with refugees poses similar challenges for Jordan and Germany. Creating meaningful and humane foundations for the future is a goal that both countries hope to achieve.

In order to further promote exchange and to help to resolve migration issues in the legal field, IRZ aims to deepen cooperation in this area with representatives from civil society in Jordan.

The event was financed by the German Federal Ministry of Justice and Consumer Protection (BMJV).