CONSTITUTIONAL LIMITS TO ENSURE THE LEGALITY OF TERMINATING THE JUDGES’ SERVICES IN JORDAN AND FRANCE: THE OPPOSING CONSTITUTIONAL RULINGS

Abstract

The study deals with the limits of terminating the judge’s services for reasons related to legal age and health fitness in addition to the termination of the judge’s services for reasons related to the moral fitness, technical and professional competence of the judge in the Jordanian legislation compared to the French legislation, so that the issue of the study lies in dealing with the ruling of the Jordanian Constitutional Court No. 2 of 2018, by expressing the opposing opinions about referring the judge to retirement, provisional retirement and termination of his/her services for reasons related to health fitness, moral fitness, technical and professional competence. In fact, the study concluded several findings and recommendations, the most important of which is that it is not permissible to dismiss or terminate the services of a judge in Jordan if he/she has not completed the necessary term of service to refer him/her to provisional retirement or retirement as a disguised disciplinary penalty if he/she commits any direct disciplinary offense, and that the termination of the services of a judge in Jordan for health reasons, illness, or during the probationary period for his/her technical and professional incompetence does not contradict the principle of the inability of judges to be removed.