The Extent to which the Rules of Incompetency, Displacement and Disqualification Apply to the Judges of the Administrative Judiciary Courts in Jordan and France: A Comparative Study

Abstract

This study approaches the extent to which the rules of incompetency, displacement and disqualification apply to the judges of the administrative judiciary courts in Jordan and France. In fact, the current study demonstrated the extent of adequacy and suitability of application of the cases of incompetency, displacement and disqualification provided for in the Jordanian Civil Procedures Law to the judges of the administrative judiciary courts and stating at the party competent to entertain the request to displace the administrative judge as well as the measures to file the application of displacement. Actually, the issue of the study lies in having the Jordanian administrative legislator not regulate the cases of the incompetency, displacement and disqualification of the judges of the administrative judiciary courts while the study sought to satisfy all the inquiries raised about the incompetency, displacement and disqualification. In fact, the study concluded several results and the necessity to establish a dual judiciary system by adopting the judiciary regulation style of France. In addition, the study suggests the need for the Jordanian Constitutional Court to reverse its interpretive decision in which it considered the administrative courts as being an integral part of the justice courts. This is in addition to dedicating special provisions in the wording of the Administrative Law to handle the reasons of the incompetency, displacement and disqualification as adopted by the French Administrative Judiciary Law and the French Judiciary Ethics Charter, as the administrative judiciary aims at ensuring the attainment of the principle of legitimacy.