The Scope of Organic Independence of the Council of the Independent Electoral Commission in the Light of the Jordanian and Tunisian Systems: A Comparative Study

Abstract

Objectives: This study aims to identify the most important aspects of the organic independence of the Board of Commissioners of the Independent Electoral Commission (IEC) in the Jordanian and Tunisian systems.

Methods: The study adopted a descriptive approach through the analytical method of the constitutional and legal texts related to the organic independence of the IEC, with a general comparative approach between the two systems under study to benefit from their positive aspects and address the shortcomings, if any.

Results: The study found that the idea of the organic independence of the IEA board is determined by how the board is formed and its temporal mandate, in addition to the immunity enjoyed by the members of the independent board, and that there is similarity in the method of selecting IEA board members in the two legislations.

Conclusion: Considering the previous results, the study recommends the following:

• Reconsidering the cases leading to the termination of membership in the Jordanian and Tunisian legislations, so that a distinction is made between the reasons leading to the termination of the services of a member of the IEC Council and making some of them by force of law and not dependent on a royal high will or a presidential order because the nature of the reason assumes this.
• Adding an article in the Jordanian Constitution that grants the Independent Election Commission the right to issue regulations regarding the affairs of supplies, works, financial and administrative matters in the Commission under an independent system and not an executive system so that the Commission is independent in its financial and administrative affairs without being subject to the whims of any other entity.