The role of the Municipal Courts Formation Law in protecting the environment in Jordan

Abstract

The role of environmental laws in the Hashemite Kingdom of Jordan and their enforcement is significantly highlighted in light of the growing pollution resulting from violations committed against the environment in all its components and their impact on the quality of life. These laws constitute a preventative aspect of environmental protection, alongside the laws that define the jurisdiction of courts to hear these violations, as stipulated in Jordanian Courts Formation Law No. 17 of 2001 and Municipal Courts Formation Law No. 35 of 2006 and its amendments of 2018.

This research highlights the role played by Municipal Courts Formation Law No. 35 of 2006 and its amendments of 2018 in protecting the environment in Jordan. This law is one of the most important laws on the environmental level in Jordan, as it outlines the legal framework governing the work of these courts, which are an important tool in enforcing environmental legislation through their jurisdiction over violations occurring within the territorial jurisdiction of municipalities, despite the lack of explicit environmental provisions in their formation law.

 The research aims to demonstrate the effectiveness of municipal courts in confronting environmental violations within municipal boundaries, by clarifying the legal and regulatory framework of municipal courts, their legislative origins, their jurisdictions, and their impact on enforcing environmental legislation, analyzing relevant legal texts, and highlighting the challenges that weaken the effectiveness of these courts, such as weak judicial specialization, low penalties, and the absence of institutional coordination with regulatory and executive bodies to achieve environmental justice.