تأملات في نظام قانوني أردني ينظم مخاصمة القاضي مدنيا : دراسة مقارنة

Abstract EN

The Judge already knows that he is not infallible while performing his job tasks.

Nevertheless, he does not like to be prosecuted and impeached regarding the damages he mny cause to others.

The judge claims that putting him in such a situation (impeachment) prevents him from performing his job, and that this may make him hesitant when it comes to making judgments.

This may also affect the judge's position, as he does not favor defending himself concerning an action unless he personally benefits from it.

In response to the Jordanian legislator's passiveness upon the issuance of the Independence of Courts Law, and the Civil Procedures Rules Law, regarding civilly prosecuting the judge.

And thus, we wish that the legislator regulate this issue by putting forth certain procedures for this prosecution, and being strict in the cases regarding which the judge shall be questioned, so that the judge shall not be hesitant when it comes to making judgments.

Furthecmore, the judge can perform his job in the best possible way, being in safety regarding some people's doubts since they use this issue as a pretext to defame and dispraise the judge.

Our purpose, when we point out to the significance of taking this argument into consideration, is to show that we all are subject to the rule of law, as none of us is void of responsibility.

The judge when performing his job, for instance, is doing a duty he is held responsible for; though, he does not enjoy rights or privileges given to him by the law.

The Civil Procedures Rules Law stipulates that the court shall not postpone a trial to a period that exceeds (15) days, nor shall it postpone a trial more than once due to the same reason concerning one of the disputing parties.

The court is not also entitled to suspend a case for judgment more than (30) days.

Yet, the obvious question to be raised in this respect is "what is the penalty that shall be imposed on the judge once he violates these provisions of law?" The Independence of Courts Law stipulates that the judge's negligence in his job tasks, or behavior in a way that reflects lack of honor, dignity, or tactfulness is a misdeed that entails a disciplinary action.

be imposed upon the judge, too, if he delays making a judgment, discriminates between the disputing parties, or reveals the secrets of negotiations.