Exchange of experiences in Amman on the subject of Administrative Procedures and their Decision-Making Processes with the judges of the Jordanian Administrative Court. Jordan
IRZ organised an exchange of experiences on the subject of “Administrative Procedures and their Decision-Making Processes” in cooperation with the Jordanian Judicial Council and the Jordanian Judicial Academy on 11 May 2023 in Amman. The Federal Ministry of Justice financed the event, which was aimed at high-ranking Jordanian judges in the area of the Administrative Court jurisdiction. The common objective of the exchange of experiences was to contribute to an improvement in the quality of the administration of justice in Jordan.
Dr. Hisham Mufdi Salem Al-Majali, Judge of the Administrative Court, reported on the types, structure and design of the administrative procedure.
On behalf of IRZ, Mr. Stefan Schulte, Judge at the Administrative Court in Arnsberg, provided some insights into the German structure of the administrative procedure. He outlined the basic principles of German procedural law, the types of administration and the structure of the general (non-public) administrative procedure.
In the second part of the event, Mr. Schulte explained the decision in the administrative procedure. He not only explained the administrative act and its legal consequences, but also the issuance of general decrees, i.e. an administrative act that is aimed at a group of people who are or can be determined based on their general characteristics within the meaning of § 35 sentence 2 VwVfG (Administrative Procedure Act). This form of administrative act played a particularly important role during the pandemic.
The President of the Jordanian Administrative Court, Dr. Ali Rashid Hamid Abu Hajila rounded off the exchange of experiences with an insight into the Jordanian design of the administrative act and Jordanian administrative court procedure law.
The Jordanian participants used the specialist lectures for lively discussions and an intensive exchange of experiences. IRZ thanked the experts and participants for the successful event and is looking forward to continuing the excellent cooperation with the Jordanian Judicial Academy and the Judicial Council.
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.
