Individual Corruption

The judicial system is divided into civil, criminal, commercial, security and religious courts. According to Freedom House 2010, the judiciary at the level of civilian courts is generally not corrupt, most trials are open and procedures are respected. However, the Human Rights report in the US Department of State 2010 states that the judiciary can be subject to interference and political pressure by the executive branch and that judges are not always appointed on the basis of merit.

Business Corruption

Lack of transparency with regards to the settlement of disputes has been observed. Yet, Jordanian law provides that foreign investors can seek third party arbitration or an internationally recognised settlement of disputes. Furthermore, the US Commercial Service 2007 reports a case of a foreign company investing in a joint venture with a Jordanian state-owned company being dissatisfied with the management of the contract which was given to a rival without prior consultation. However, the company was able to resolve the dispute to its satisfaction with support from its embassy.

Political Corruption

The Jordanian judicial system is constitutionally independent and according to the Bertelsmann Foundation 2010, the judiciary operates independently on minor issues, but it may be subject to political interference in cases where political influential people are involved. In line with this, Freedom House 2010 indicates that the judiciary is subject to executive influence through the Ministry of Justice and the Higher Judiciary Council (whose members are appointed by the King) because they appoint and transfer judges. The Human Rights report in the US Department of State 2010 further reports that the Judiciary is compromised by allegations of nepotism and the influence of special interests. It is also described as being under the influence of the executive branch that is reportedly able to influence judicial decisions and functions. The report also notes that allegations that the government held detainees and political opposition members as well as that governors continued to use administrative detentions for political reasons were made by different citizens and NGOs.

According to the US Department of State 2010, appointments to the judiciary are not always based on professional merit, and Global Integrity 2008 reports that personal relations may be significant for the entry to the Judicial Institute. In September 2008, the Head of the Royal Court Bassam Awadallah was forced to resign from office partially as a consequence of corruption allegations.

Frequency

The World Bank & IFC: Doing Business 2011:

- Enforcing a commercial contract in Jordan requires a company to go through an average of 38 administrative procedures, taking an average of 689 days at a cost of 31% of the claim.

World Economic Forum: The Global Competitiveness Report 2010-2011:

- Business executives give the Jordanian judiciary's level of independence from influences of members of government, citizens, or companies a score of 4.6 on a 7-point scale (1 being 'heavily influenced' and 7 'entirely independent'), constituting a competitive business advantage for the country.

- Business executives give the efficiency of the legal framework for private companies to settle disputes and to challenge the legality of government actions and/or regulations a score of 4.4 and 4.0 respectively on a 7-point scale (1 being 'extremely inefficient' and 7 'highly efficient'), constituting competitive business advantages for the country.

The World Bank & IFC: Enterprise Surveys 2006:

- 57% of companies surveyed believe the court system in Jordan is fair, impartial and uncorrupted.

- Nearly 17% of companies surveyed identify the functioning of the courts as a major business constraint.