Exchange of experiences in Amman on harmonisation of legislation with international human rights standards with participants from the Jordanian Ministry of Justice. Jordan
As part of the institutional funding of the Federal Ministry of Justice, IRZ, in cooperation with the Jordanian Ministry of Justice, organised an exchange of experiences on 8 May, 2023 on the topic of “Harmonisation of legislation with international human rights standards”.
The exchange of experiences focused on the implementation process of international human rights obligations in national legislation and on the control mechanisms to ensure compliance with such obligations.
Hana Hamdan Saeed Al Khab, Head of the Department of Human Rights at the Jordanian Ministry of Justice, first provided an insight into how international human rights are implemented in Jordanian legislation.
Dr. Michael Erwin Fuchs, former Senior Ministerial Counsellor and lecturer, outlined the German design of the implementation process of international human rights conventions. He first described the difference between the monistic and dualistic theory which is implemented by Germany. International conventions are negotiated by the Federal President or the Foreign Minister. The signed conventions are then adopted into natural law by a transformation act with the consent or participation of the Bundestag (German Parliament) and Bundesrat (Federal Council) to then be applied in Germany. There are three safeguards in Germany to monitor national compliance with international human rights: the courts, parliament and politicians. In addition, civil society monitors the implementation of rights and reprimands the government if these are not sufficiently guaranteed. Most recently, the human rights report by Amnesty International named violations of freedom of expression and freedom of the press within Germany.
Finally, Hana Hamdan Saeed Al Khab explained the control mechanisms in Jordan. Similar to Germany, several regional, international and national reports are issued every year with recommendations on how to improve the protection of human rights. She emphasised in particular that Jordan must follow these recommendations, as they are often linked to the continuation of development aid.
IRZ would like to thank the experts and the participants for the lively exchange, which was convivial and goal-oriented, and is looking forward to further events in cooperation with the Jordanian Ministry of Justice.
Presentation by the former President of the Regional Constitutional Court of Saxony-Anhalt, Winfried Schubert (2nd from left). Jordan
As part of the institutional funding of the Federal Ministry of Justice, the IRZ and the Jordanian Constitutional Court, organised an exchange of experiences on the subject of the constitutional interpretation of laws and the effect of constitutional court decisions in Jordan and Germany.
The Jordanian Constitutional Court started work in this area in 2012; it had previously been the task of the ordinary courts to interpret the Jordanian Constitution of 1952. The IRZ is continuing its cooperative consultations to eliminate any uncertainties and questions still outstanding. The event forms part of these activities.
Similarities in the interpretation of the law in Germany and Jordan
As part of the event, on 8 March 2023, Prof. Dr. Mayssa Baydoun, Judge at the Jordanian Constitutional Court, gave a detailed overview of the different mechanisms of the constitutional interpretation of the law in the country. It became clear that there were many similarities in the interpretation of the law in Germany. The judges essentially apply the teleological, historical, grammatical and systematic methods of interpretation.
Winfried Schubert, former President of the Regional Constitutional Court of Saxony-Anhalt, gave a detailed presentation of the constitutional interpretation of the law in detail. Reference was made in particular to Article 1, paragraph 3 of the Basic Law (Grundgesetz), which binds the legislature, the executive power and the judiciary to the constitution. He reiterated the fact that the constitution should be considered as a living legal text and one that is constantly evolving in accordance with current developments in case law. He also gave an insight into the court's various options for reviewing the laws and the legal consequences if a law is declared void or partially void.
The second part of the seminar day focused on the effects of constitutional court judgements. Dr. Akram Mosaada, also a judge at the Jordanian Constitutional Court, highlighted the problem of the enforceability of constitutional court judgements in fiscal matters. Particular challenges arise, for example, when a relevant law, for example in the area of tax law, is declared null and void as part of a judgement and claims for repayment arise therefrom.
The exchange of experiences ended with another talk by Winfried Schubert on the effects of constitutional court judgements in Germany. In this context, he emphasised the importance of the unity of the legal system and the tasks of the Federal Constitutional Court as a supervisory authority.
The IRZ thanks the experts and the participants of the Jordanian Constitutional Court for the vibrant, cooperative and goal-oriented exchange and looks forward to further events organised with the Jordanian Constitutional Court.
Two-day exchange of experiences and expert talks on transparency in criminal proceedings with the participants of the Jordanian Judicial Council. Jordan
Jordan is pursuing a strategic plan up to 2026 which, among others, aims to reform the judiciary to make criminal justice processes more transparent and efficient. In this context, a seminar on increasing transparency in criminal proceedings was held on 6th and 7th March 2023 as part of the project to increase efficiency in criminal proceedings, which the IRZ is implementing in cooperation with the Jordanian Ministry of Justice and the Jordanian Judicial Council. The event is part of the project funded by the Federal Foreign Office entitled “Promotion of Legal Certainty: Support for Criminal Law Reforms in Jordan (2020-2023)”.
Judge Ali Al-Muslimi, Secretary General of the Judicial Council, kicked the seminar off by highlighting the great interest shown by the Jordanian partners and the importance of a close working relationship.
The focus of the first day of the seminar was to inform the public about criminal proceedings and public access to the main hearing. Attorney General for Tax Law, Judge Abdullah Abu Al Ghanem, addressed the basic principle of publicity in Jordanian criminal proceedings and Fernando Sanchez-Hermosilla, Presiding Judge at the Regional Court of Karlsruhe, presented the corresponding basic principle in German law. The speakers pointed out the similarities between the implementation in Germany and in Jordan. The focus of the subsequent discussion was on video interrogations, which is an issue of particularly high relevance for the Jordanian partners, as a corresponding change in the law is currently being drafted to implement questioning via video of persons who are particularly vulnerable and who require protection. Other major topics were the principle of attendance in criminal proceedings and the online questioning of witnesses by the Public Prosecutor's Office. Johannes Mocken, Public Prosecutor at the Cologne Higher Regional Court rounded off the first day of the seminar with his presentation on the role of the press spokesperson to inform the public about criminal proceedings.
The second day of the seminar highlighted more of the differences between the two legal systems. The focus was on the accused's right to legal counsel and to inspect files, and on the form of cooperation between the police and the Public Prosecutor's Office. In Jordanian criminal proceedings, a public defender may only be appointed and present throughout the proceedings if the accused faces a prison sentence of at least ten years or the death penalty. For crimes that carry a prison sentence of less than ten years, the accused can submit an application to appoint a public defender, provided that the accused has a monthly income of less than 400 JOD (equivalent to 524.86 EUR). The background for this ruling is, among others, the lack of financial resources available to criminal procedure in Jordan.
The two-day seminar ended with a contribution by Jürgen Marten, Criminal Director and Head of Department of the State Criminal Police Office of North Rhine-Westphalia, on the effective organisation of cooperation between the police and the Public Prosecutor's Office.
Further measures will follow on from the event over the year, including a “training course for trainers” on the subject of ascertaining facts in court and techniques for examining witnesses, and a seminar on increasing the efficiency of criminal proceedings.
The IRZ would like to thank the experts and participants of the Jordanian Judicial Council for the efficient exchange of experiences and the successful cooperation, and is looking forward to further events.
