“Jordanian Masarat ” discusses the outputs of the Royal Committee related to the immunity of deputies and ministers
The Jordanian Masarat for Development and progress held, on Monday, at its headquarters in the capital Amman, an open dialogue session with a group of experts in legal and constitutional affairs, under the title “Constitutional Amendments… Immunity of the Deputy and Minister, Restriction or Reform?”
The session came to discuss the constitutional amendments recommended by the Royal Committee for the Modernization of the Political System, specifically with regard to Articles (55, 56, 57, 68, 87) of the Constitution, the legislative objectives behind them, and the relationship between immunity and the reform project in Jordan
The former minister, Dr. Novan Al-Ajarma, expressed his rejection of these amendments, because they have nothing to do with reform, pointing out that there is no longer a distinction between the administrative error and the crime committed by the minister outside the framework of his work and the affairs of his ministry, which has “palyzed” the state in recent years.
Al-Ajarma stated that the principle of the rule of law can only be achieved with the presence of 3 authorities independent of each other, both organically and functionally, with the need for a real balance among them, surprisinglying why the committee was subjected to the immunity of the deputy and the minister, despite the fact that these constitutionally established texts since 1955 have contributed to the production of a successful and creative Jordanian administration.
He pointed out that the exposure to the immunity of the deputy and minister in this way was not valid or wise.
The most prominent proposed amendments issued by the Constitutional Amendments Committee emanating from the Royal Committee for the Modernization of the Political System included, “the referral of ministers by the House of Representatives to the working ministers; in order to limit the immunization of former ministers and the need to try them before the judiciary like any person”
The amendments also stipulated “the limitation of parliamentary immunity by arrest without trial; in order to devote to the principle of the rule of law and not to disrupt litigation procedures, while maintaining the necessary and sufficient immunity for members of the National Assembly to carry out their legislative and supervisory role.”
In the same context, the former MP, Dr. Mustafa Yaghi, said that the distortion of the texts in the constitutional amendments is what happened recently, and each legislation was supposed to “enlarge in our imagination how the matter will be in the future,” pointing to his reservation on these amendments and not allowing enough time to discuss them among the members of the Public Royal Committee
Yaghi explained that the Jordanian constitution is one of rigid constitutions and not flexible; therefore, it requires keeping pace with the times and modernity without compromising its essence, calling for defining a clear philosophy to hold the minister accountable for the mistakes he commits, especially since “absolute authority is absolute spoiled,” but he expressed his support for the amendment related to the immunity of the deputy, so that immunity is in the field of arrest only; so that the deputy can perform his job
For his part, the MP, Dr. Ghazi Al-Dhanibat, pointed out that those who reject immunity see it as a violation of the constitutional principle that states that citizens before the law are equal, and that it is a disruption of legal procedures.
The two statements explained that the immunity came to the deputy to express the will of the nation, and therefore the immunity, especially objectivity, is related to the words and actions of the deputy under the dome, and the rules of procedure of the council set controls for immunity ratione, but the margin of the deputies' talk is governed by several things; including politics, public freedoms and human rights in the country
He described the committee’s amendments as mere outer crusts and fondling of texts, and the treatment of immunity was too lackluster.
As for the member of the Royal Committee for the Modernization of the Political System, Engineer Abdul Hadi Al-Falahat, he said that the constitutional amendments came to improve an existing reality after examining it through the practices that took place on the ground.
The peasants explained that the amendments to the minister's immunity came to activate the rule of law; because the former minister became a citizen, and the amendments related to deputies, do not prevent them from doing their legislative role
The session was attended by the Chairman of the Board of Trustees of the Jordanian Pathways for Development and Development Foundation, former Minister of Social Development, Reem Abu Hassan, Vice Chairman of the Board of Trustees who moderated the seminar, MP and political analyst Omar Al-Ayasra
The list of keynote speakers in the symposium included: the former minister, Dr. Novan Al-Ajarma, the former deputy, Dr. Mustafa Yagi, the deputy, Dr. Ghazi Al-Tanibat, and a member of the Royal Committee for the Modernization of the Political System, Engineer Abdul Hadi Al-Falahat, in addition to a number of young women and men interested in political affairs
“Jordanian Masarat for Development and progress ” will issue a position paper on the dialogue session within the coming days.