MPs endorse amendments on constitutional court

Continuing their deliberations over the proposed changes to the Constitution, the Lower House on Monday endorsed five amendment related to the establishment of a constitutional court and the trial of ministers. With these amendments, the number of changes endorsed by the Chamber of Deputies so far has risen to 19 out of the 41 amendments suggested by the Royal Committee on Constitutional Review. During yesterday’s morning session, two-thirds of the deputies present voted for approving amendments to Article 55 of the Constitution as phrased by the House Legal Committee, rejecting changes made by the government. In the government’s version, Article 55 stipulates: “Ministers shall be tried for crimes attributed to them resulting from the performance of their duties before the Court of Appeal in the capital. These cases will be heard by a panel of five judges appointed by the Judicial Council. Decisions of the court shall be taken by a majority vote.” But the Lower House amended the article to stipulate that ministers will be tried by “regular courts in accordance with provisions of the law”. In addition, a majority of deputies approved an amendment to article 56 of the Constitution made by the Legal Committee, under which the House can refer ministers to the attorney general upon a decision taken by a majority of MPs and not a majority of two-thirds as the government proposed. Moreover, they voted in favour of amendments to Article 57 of the Constitution as phrased by the government and approved by the Legal Committee to read as: “A minister who is accused by the attorney general shall not be suspended from office until a final ruling is issued. His/her resignation shall not prevent the institution of criminal proceedings against him/her, or the continuance of the trial.” During the afternoon session, two-thirds of MPs voted in favour of amendments to paragraph A of Article 58 of the Constitution concerning the establishment of a constitutional court proposed by Deputy Abdul Karim Dughmi (Mafraq, 1st District). Under the article: “A constitutional court shall be established by a law and based in Amman as an independent and separate judicial body, consisting of at least nine members, including the president, appointed by the King.” In the government’s version, paragraph A stipulated that “the quorum of court’s sessions will be achieved when at least seven of its members, including the president… or his deputy, are present. The rulings and decisions of the court are issued by the majority of at least six members”. Dughmi explained that other issues related to the court such as the required majority to issue rulings and decisions will be decided in its law. In addition, 93 MPs voted in favour of a proposal presented by several deputies and blocs related to paragraph B of Article 58, setting membership in the constitutional court at a non-renewable six-year term and not a four-year renewable term as suggested by the government. Paragraph B now reads: “Membership in the constitutional court is a non-renewable six-year term. Its members shall not be dismissed during their tenure.” Moreover, a majority of deputies voted for approving amendments to paragraphs A and B of Article 59 of the Constitution concerning the duties of the constitutional court, as revised by the government. Paragraph A reads: “The Constitutional Court shall monitor the constitutionality of laws and regulations in force and issue its judgments in the name of the King. Its rulings are final and binding on all authorities. Its rulings will take effect immediately unless another date is specified by the ruling. The constitutional court’s rulings will be published in the Official Gazette within 15 days from the date of issuance.” Paragraph B reads: “The constitutional court has the right to interpret the provisions of the Constitution if requested, either by virtue of a decision of the Council of Ministers or by a resolution taken by the Senate or the Chamber of Deputies passed by an absolute majority. Such interpretations shall be effective upon publication in the Official Gazette.” However, some deputies demanded that the court be authorised to look into the constitutionality of laws and regulations at any time and not only upon the request of the above-mentioned entities. In response, Minister of Justice Ibrahim Omoush and Dughmi explained that it is a legal doctrine that courts examine cases upon request. MPs are scheduled to continue their deliberations in morning and afternoon sessions today.