دراسة قانونية في الفقرة (ب) من المادة 11 من نظام التعيين على الوظائف القيادية رقم 34 لسنة 2021م

Abstract

This research examines the validity of article 11, paragraph b, of the Recruitment Regulation for Leadership Positions N.34 – 2021, which grants the Council of Ministers the right to appoint any leadership position by direct decision in specified instances. The research is significant since this paragraph emptied the Regulation of its content, as there is no practical utility to the degree that The Regulation has been granted such power in such absolute form. Furthermore, it violated various fundamental laws, notably Article 6 of the Jordanian Constitution and its modifications concerning the idea of citizens' equal rights and obligations and the assumption of public office. This necessitates a study of the language of this paragraph and its amendment or deletion.

The research thus intended to conduct an analytical investigation in order to determine the unconstitutionality of the paragraph in question. The researcher addressed the notions of the "principle of equality of citizens" and the principle of equality in the first statement. In general, and the most significant basis for these concepts Before the researcher of a second statement begins to list the most serious violations of the clause in issue of the Jordanian Constitution of 1952, The research ended with conclusions and proposals for legislative action to alter the recruiting Regulation for leadership posts, notably article 11, paragraph b.