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Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Abstract

This study aims to identify the most important legal and legislative challenges that face the municipalities in Jordan and affect the municipalities' ability to achieve their objectives and serve their local communities; by discussing and analyzing the Jordanian Municipal Law No. 41 of 2015currently in force. Hence, this study sought to answer the following questions: Do the Jordanian municipalities have the legal personality and thus enjoy the financial and administrative independence, or is the given independence not genuine? Does the law promote decentralization and give the municipality’s board powers to enhance their developmental role?

In order to achieve the objectives of the study, the researcher used the analytical method to analyze and discuss the legal texts of the current municipal law, which are considered legal challenges that can limit the ability of municipal and local councils to perform their tasks efficiently.

The study has found many legal and legislative challenges in the Municipal Law, which stand in the way of municipalities in carrying out their tasks and developing their local communities, and making the municipality’s just administrative units of the central authority and limiting their role to providing services to the local population. Furthermore, the study has indicated many legal texts that constitute a clear infringement of the financial and administrative independence in which the municipalities in Jordan should be enjoyed.

The duty of the central authority is to provide the necessary technical support and guidance to the municipalities rather than to intervene and control them, which may reach the level of trusteeship of the municipalities.

In addition, the current law does not contain any provision that requires the availability of scientific qualifications that the candidates should meet for the presidency and membership of municipal and local councils, depriving these councils of competencies capable of performing the functions of these councils.

One of the most important legal challenges that weaken the municipal councils is the central authority's control over the distribution of financial revenues that are collected for the benefit of the municipalities, which are sometimes used as a means of pressure and intervention in the work of municipalities, which affects their financial independence.

The study recommended the reform of the law and legislation through the amendment of the current municipal law to ensure the strengthening of decentralization and expansion of the powers of municipal and local councils to do their developmental and service role and to ensure the enhancement of financial and administrative independence of the municipalities, and limits the intervention and control of the central authority, with the need to pay attention to the supervision of the municipalities to ensure the proper functioning of the work and ensure that they achieve their goals with the highest degrees of efficiency and effectiveness, In addition to the need for administrative reform to ensure the provision of human elements qualified and trained and able to meet the needs of the population in the local areas, as well as a financial reform, which ensures the provision of sufficient financial resources for municipalities to enable self-reliance on themselves and away from the interventions and pressures by the central authority

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