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Rullings of the Court

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2022
2021
2020
2019
2018
2017
2016
2015
2014
2013
2. Judgment No. (02) of 2022

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1.Judgment No. (1) of 2022

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05.Judgment No. (05) of 2021

Challenge No.: 05 of 2021

Motion Subject-matter: motion No. (2021/t/6) upon which the constitutional challenge to paragraph (d) of Article 6 of Regulations on Inclusion in Insurances of Social Security Corporation No. 14 of 2015.

Decision summary: the constitutional challenge to paragraph (d) of Article 6 of Regulations on Inclusion in Insurances of Social Security Corporation.

Publication Date: 16/09/2021

Official Gazette No.: 5743

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04.Judgment No. (04) of 2021

Challenge No.: 04 of 2021

Motion Subject-matter: On the constitutional challenge to Article 137 of the Labor Law No. 8 of 1996, as amended.

Decision summary: dismiss the challenge of constitutional challenge to Article 137 of the Labor Law No. (8) of 1996, as amended.

Official Gazette No.: 5736

Publication Date: 19/08/2021

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03.Judgment No. (03) of 2021

Challenge No.: 03 of 2021

Motion Subject-matter: On the constitutional challenge to Article 126 of the Personal Status Law No. 15 of 2019.

Decision summary: dismiss the challenge of constitutional challenge to Article 126 of the Personal Status Law No. 15 of 2019.

Official Gazette No.: 5729

Publication Date: 15/07/2021

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02.Judgment No. (02) of 2021

Challenge No.: 02 of 2021

Motion Subject-matter: On the constitutional challenge to Article 9 of the Regulations on Income Tax Exemption for Profits of Goods and Service Exports No. 106 of 2016.

Decision summary: the Constitutional Court decides that Article 9 of the Regulations on Income Tax Exemption for Profits of Goods and Service Exports is unconstitutional.

Official Gazette No.: 5724

Publication Date: 16/06/2021

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01.Judgment No. (01) of 2021

Summary:

Subject-matter: On the constitutional challenge to Article 20 of the Execution Law No. 25 of 2007, as amended by the Law No. 29 of 2017.

Motion No.: 6/t/2020

Official Gazette No.: 5696

Publication Date: 01/02/2021

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02.Judgment No. (02) of 2020

Summary:

Subject-matter: unconstitutionality of item (2) of paragraph (b) of Article (9) of the Economic Crimes Law No. (11) of 1993, as amended.

Motion No.: 3/t/2020

Official Gazette No.: 5640

Publication Date: 11/05/2020

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01.Judgment No. (01) of 2020

Challenge No.: 01 of 2020

Challenge Subject-matter: On the constitutional challenge to Article 9/b/2 of the Economic Crimes Law No. (11) of 1993.

Decision summary: dismiss the challenge.

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03.Judgment No. (03) of 2019

Challenge No.: 03 of 2019

Motion Subject-matter: constitutional challenge to Regulations on People with Disabilities Centers No. 40 of 2014, and article 12 thereof in its entirety.

Decision summary: dismiss the challenge.

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02.Judgment No. (02) of 2019

Challenge No.: 02 of 2019

Judgement No. (2) of 2019 constitutional challenge to paragraph (5) of Article 170 and paragraph (2) of Article 178 of the applicable Civil Procedure Code No. (24) of 1988, as amended.

Challenge Subject-matter: constitutional challenge to paragraph (5) of Article 170 and paragraph (2) of Article 178 of the applicable Civil Procedure Code No. (24) of 1988, as amended.

Decision summary: dismiss the challenge.

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01.Judgment No. (01) of 2019

Challenge No.: 01 of 2019

Challenge Subject-matter: On the constitutional challenge to paragraph (a) of Article 11 of the Expropriation Law No. 12 of 1987, as amended.

Decision summary: dismiss the challenge.

Official Gazette No.: 5586

Publication Date: 07/07/2019

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07.Judgment No. (07) of 2018 on the constitutional challenge to the last part of Article 72 of the Income Tax Law No. 34 of 2014 which provides that “the correction procedures shall not be subject to challenge”

Judgment No.: 07 of 2018

Challenge No.: 07 of 2018

Motion Subject-matter: On the constitutional challenge to the last part of Article 72 of the Income Tax Law No. 34 of 2014   which provides that “the correction procedures shall not be subject to challenge”

Decision summary: Hence, the court rules that last part of Article 72 of the Income Tax Law No. 34 of 2014 is unconstitutional and orders repayment of the fees collected from the challenging party as the challenge is true.

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06.Judgment No. (06) of 2018 on the constitutional challenge to the temporary General Electricity Law No. 64 of 2002.

Judgment No.: 06 of 2018

Challenge No.: 06 of 2018

Motion Subject-matter: On the constitutional challenge to the temporary General Electricity Law No. 64 of 2002.

Decision summary: The temporary General Electricity Law No. 64 of 2002 is constitutional and the challenge in its entirety is dismissed in substance.

Official Gazette No.: 5534

Publication Date: 27/09/2018

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05.Judgment No. (05) of 2018 the temporary General Electricity Law No. 64 of 2002.

Judgment No.: 05 of 2018

Challenge No.: 05 of 2018

Motion Subject-matter: The constitutional challenge to Article 28/a of the Interim General Electricity Law No. 64 of 2002.

Decision summary: Based on the above, the court decides to dismiss the constitutional challenge to Article 35 in form and to Article 28/a in substance.

Official Gazette No.: 5531

Publication Date: 17/09/2018

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04.Judgment No. (04) of 2018 the Income Tax Law No. 34 of 2014 (effective as of 1/1/2015)

04 of 2018

Challenge No.: 04 of 2018

Motion Subject-matter: On the constitutional challenge to paragraph (c) of Article 66 of the Income Tax Law No. 34 of 2014 (effective as of 1/1/2015).

Decision summary: We rule by majority that Article 66/c of the Income Tax Law No. 34 of 2014 is constitutional and to dismiss the appeal in substance.

Official Gazette No.: 5527

Publication Date: 13/08/2018

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03.Judgment No. (03) of 2018 On the constitutional challenge to article 57 of the General Sales Tax Law No. 29 of 2009

 

Judgement No.: 03 of 2018

Challenge No.: 03 of 2018

Motion Subject-matter: On the constitutional challenge to item 2 of paragraph (f) of article 57 of the General Sales Tax Law No. 29 of 2009 under which the General Sales Tax Law No. 6 of 1994 was amended.

Decision summary: The court declares the said article constitutional and decides to dismiss the challenge on merits.

Official Gazette No.: 5523

Publication Date: 01/07/2018

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02.Judgment No. (02) of 2018 the Independence of the Judiciary Law No. 29 of 2014.

Challenge No.: 02 of 2018

Motion Subject-matter: Breaches of Article (15) of the Independence of the Judiciary Law No. (29) of (2014) the provisions of Articles (97, 98/1, 128/1) of the Constitution.

Decision summary: That the phrase “or dismiss him if he has not completed service period required for suspension or retirement” of the last part of paragraph (c) of Article 15 of the Independence of Judiciary Law No. 29 of 2014 is unconstitutional, and to dismiss the challenge to the remaining paragraphs of article 15 above.

Official Gazette No.: 5514

Publication Date: 16/05/2018

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01.Judgment No. (01) of 2018 item 4 of paragraph (c) and paragraph (d) of article 3 of the Unfair Competition Law.

Judgement No.: 01 of 2018

Challenge No.: 01 of 2018

Motion Subject-matter: On the constitutional challenge to item 4 of paragraph (c) and paragraph (d) of article 3 of the Unfair Competition and Trade Secrets Law No. 15 of 2000.

Decision summary: The court decides to dismiss the challenge on merits.

Official Gazette No.: 5509

Publication Date: 01/04/2018

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06.Judgment No. (06) of 2017: On the constitutional challenge to the regulations amending the Special Sales Tax Regulations No. 97 of 2016

Judgement No.: 06/2017

Motion Subject-matter: On the constitutional challenge to the regulations amending the Special Sales Tax Regulations No. 97 of 2016

Decision summary: This challenge may not be reconsidered and it is dismissed in form since it was finally decided on its merits.

Official Gazette No.: 5484

Publication Date: 16/10/2017

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05.Judgment No. (05) of 2017: On the constitutional challenge to the regulations amending the Special Sales Tax Regulations No. 97 of 2016, published in the Official Gazette number (5413), dated 1.8.2016.

Judgment No. (05) of 2017

 

Referred from: Constitutional Court

on challenge No. (3) of 2017

Challenge Subject-matter: On the constitutional challenge to the regulations amending the Special Sales Tax Regulations No. 97 of 2016, published in the Official Gazette number (5413), dated 1.8.2016.

Law: Special Sales Tax Regulations No. 97 of 2016.

Decision summary:

  1. Declare the phrase at the end of article 1 of Special Tax Regulations No. 97 of 2016 (they shall come into force as of 21.6.2016) unconstitutional.
  2. Dismiss the challenge to any further provisions.
  3. Enforce the judgment from the date of its issuance.

Official Gazette No.: 5479

Publication Date: 30/08/2017

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04.Judgment No. (04) of 2017 - Bar Association Law No. 11 of 1972, as amended

Referred from: Constitutional Court

Motion No.: 02/2017

Motion Subject-matter: On the constitutional challenge to paragraph 2 of article 46 and all paragraphs of article 52 of the Bar Association Law No. 11 of 1972, as amended.

Law: Bar Association Law No. 11 of 1972, as amended.

Number of contested articles: Articles (46) and (52) and all paragraphs of article 52 of the Bar Association Law No. 11 of 1972.

Decision summary: dismiss the challenge.

Official Gazette No.: 5474

Publication Date: 01/08/2017

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03.Judgment No. (03) of 2017: On the constitutional challenge to article 59 of the City, Village and Building Planning Interim Law

Judgment No.: 03 of 2017

Challenge No.: 01 of 2017

Motion Subject-matter: On the constitutional challenge to article 59 of the City, Village and Building Planning Interim Law.

Decision summary: The court decides to dismiss the challenge on merits.

Official Gazette No.: 5455

Publication Date: 16/04/2017

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02.Judgment No. (02) of 2017: On the challenge No. (3) of 2016 on the constitutional appeal to Articles 9, 10 and 13 of the Stamp Duties Law No. 20 of 2001.

Judgment No.: 02 of 2017

Challenge No.: 03 of 2016

Motion Subject-matter: On the constitutional appeal to Articles 9, 10 and 13 of the Stamp Duties Law No. 20 of 2001.

Decision summary: Based on the above, the court decides to dismiss the challenge in form as to Article 9 of the Stamp Duties Law No. 20 of 2001, and in substance as to Articles 10 and 13 of the above-mentioned law.

Official Gazette No.: 5447

Publication Date: 01/03/2017

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01.Judgment No. (01) of 2017- On the challenge No. (2) of 2016 Regulations No. 44 of 2015 on Provident Fund for Judges and Ministry of Justice Staff.

Judgment No.: 01 of 2017

Challenge No.: 02 of 2016

Motion Subject-matter: On the constitutional challenge to the Regulations No. 44 of 2015 on Provident Fund for Judges and Ministry of Justice Staff.

Decision summary: Hence, we decide to dismiss the challenge.

Official Gazette No.: 5447

Publication Date: 01/03/2017

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01.Judgment No. (01) of 2016 - On the constitutional challenge to the Regulations on Vegetables and Fruit Wholesale Markets No. 50 of 2009.

Motion No.: 01/2016

Motion Subject-matter: On the constitutional challenge to the Regulations on Vegetables and Fruit Wholesale Markets No. 50 of 2009.

Decision summary: Whereas the Constitutional Court has, in accordance with Article 1 of 59 of the Constitution, the competence of oversight on the constitutionality of the applicable laws and regulations; This court does not have jurisdiction over the challenge filed in this case, and the said challenge is accordingly dismissed in form.

Official Gazette No.: 5391

Publication Date: 01/01/2016

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03.Judgment No. (03) of 2015 – Stamp Duties Law No. 20 of 2001.

Motion No.: 03/2015

Motion Subject-matter: On the constitutional appeal to Articles 9, 10 and 13 of the Stamp Duties Law No. 20 of 2001.

Decision summary: dismiss the constitutional challenge in form.

Official Gazette No.: 5356

Publication Date: 01/09/2015

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02.Judgment No. (02) of 2015 – Arbitration Law

Motion No.: 02/2015

Motion Subject-matter: On the constitutional challenge to Articles 52 and 54 of the Arbitration Law No. 31 of 2001.

Decision summary: Dismiss the challenge to article 52 of the Aberration Law No. 31 of 2001 in substance.

Official Gazette No.: 5348

Publication Date: 14/07/2015

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01.Judgment No. (01) of 2015 – Article 21 of the Jordan Valley Development Law No. 19 of 1988.

Motion No.: 01/2015

Motion Subject-matter: On the constitutional challenge to article 21 of the Jordan Valley Development Law No. 19 of 1988.

Decision summary: dismiss the challenge on merits with respect to the admissible part of it in form.

Official Gazette No.: 5340

Publication Date: 11/05/2015

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05.Judgment No. (05) of 2014 - Landlord-Tenant Law

Motion No.: 05/2014

Motion Subject-matter: unconstitutionality of Article (5) of the Landlords and Tenants Law No. 22 of 2011.

Decision summary: In view of the foregoing, the court decides to:

  • Dismiss the constitutional challenge to paragraphs (a and c) of article 5 of the Landlord-Tenant Law in form, and
  • Dismiss the constitutional challenge to paragraph (b) of article 5 of the Landlord-Tenant Law in substance. 

Official Gazette No.: 5325

Publication Date: 01/02/2015

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04.Judgment No. (04) of 2014 – Article 14 paragraph (b) of the Jordan News Agency Personnel Regulations

Motion No.: 04/2014

Motion Subject-matter: On the constitutional challenge to Article 14/b of the Jordan News Agency Personnel Regulations No. (147/2014) note that what is apparently intended is Regulation No. (17) of 2010.

Decision summary: Paragraph (b) of Article 14 of the Jordan News Agency Personnel Regulations is unconstitutional and invalid.

Official Gazette No.: 5301

Publication Date: 16/09/2014

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03.Judgment No. (03) of 2014 – Article (131/a) of the Civil Service Regulations No. 30 of 2007

Motion No.: 03/2014

Motion Subject-matter: On the constitutional challenge to Article 131/a/1 of the Civil Service Regulations No. 30 of 2007.

Decision summary: By majority, dismiss the challenge

Official Gazette No.: 5294

Publication Date: 16/07/2014

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02.Judgment No. (02) of 2014 –item (1) and (2) of Article (5) of Landlord-Tenant Law

Motion No.: 02/2014

Motion Subject-matter: Article (5) of Landlord-Tenant Law No. 22 of 2011

Decision summary: By majority, the challenge is dismissed in form.

Official Gazette No.: 5287

Publication Date: 26/05/2014

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01.Judgment No. (01) of 2014 – Parliamentary Election Law No. 25 of 2012.

Motion No.: 01/2014

Motion Subject-matter: the unconstitutionality of the Election Law, the results of the parliamentary by-election in the first constituency of the Capital Governorate (2013) (Election Law No. 25 of 2012).

Decision summary: dismiss the constitutional challenge in form, within limits of referral.

Official Gazette No.: 5287

Publication Date: 26/05/2014

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07.Judgment No. (07) of 2013 - Trade Names Law

Motion No.: 07/2013

Motion Subject-matter: paragraph (c) of Article 11 of the Trade Names Law No. 9 of 2006 is unconstitutional.

Decision summary: paragraph (c) of Article 11 of the Trade Names Law is unconstitutional and it is declared void as of the date of this decision.

Official Gazette No.: 5257

Publication Date: 01/12/2013

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06.Judgment No. (06) of 2013 - Municipalities Law No. 13 of 2011

Motion No.: 06/2013

Motion Subject-matter: challenge in Municipalities Law No. 13 of 2011 Articles (2, 3, 5, 8, 26, 33, 46)

Decision summary: dismiss the application in form.

Official Gazette No.: 5233

Publication Date: 01/08/2013

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05.Judgment No. (05) of 2013 - Election Law No. 25 of 2012

Motion No.: 05/2013

Motion Subject-matter: challenging validity of the by-election results

Decision summary: By majority, the challenge is therefore dismissed and rejected in terms of form.

Official Gazette No.: 5245

Publication Date: 13/10/2013

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04.Judgment No. (04) of 2013 - Tax Procedure Regulations No. 3 of 2010

Motion No.: 04/2013

Motion Subject-matter: challenge to Article 66/a/2 of the Interim Income Tax Law No. 8 of 2009 and Article 24/c of Tax Procedure Regulations.

Decision summary: By majority, dismiss the challenge

Official Gazette No.: 5240

Publication Date: 04/09/2013

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03.Judgment No. (03) of 2013 - Arbitration Law of articles (3,8,51,55)

Motion No.: 03/2013

Motion Subject-matter: On the constitutional challenge to articles 54, 51, 8 and 3 of the Arbitration Law No. 31 of 2001.

Decision summary: Dismiss the constitutional challenge to articles 3 and 8 of the Arbitration Law, dismiss constitutional challenge to article 51 and 54 of the Arbitration Law in form and dismiss the challenge to the Instructions on Tenders for Government Works of 1987 in form for lack of jurisdiction.

Official Gazette No.: 5225

Publication Date: 23/06/2013

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02.Judgment No. (02) of 2013 - Arbitration Law Article 51

Motion No.: 02/2013

Motion Subject-matter: unconstitutionality against Article 51 of the Arbitration Law No. 31 of 2001

Decision summary: Unanimously, the unconstitutionality of Article 51 of the Arbitration Law

Official Gazette No.: 5217

Publication Date: 16/04/2013

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01.Judgment No. (01) of 2013 - Landlord-Tenant Law No. 22 of 2011

Motion No.: 01/2013

Motion Subject-matter: unconstitutionality Article (5) of the Landlord-Tenant Law No. 22 of 2011

Decision summary: By majority, unconstitutionality of the provision on impermissibility of appeal against the decision concerning estimation of fair value.

Official Gazette No.: 5213

Publication Date: 20/03/2013

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