As the teachers' strike in Jordan nears completion of its first month, the administrative court in Amman on Sunday issued a decision to stop the strike immediately pending a final decision in a lawsuit calling for it to stop. While the government has confirmed that it will implement the court's decision immediately, the teachers' union announced the continuation of the strike until its demands are met.
There has been a legal debate between those who believe that the decision requires teachers to break the ongoing strike since the beginning of this month, and those who believe that the decision is not binding on teachers only after it takes a definitive character.
Controversy over the strike has shifted from the school yards and the dialogue chambers between the government and the Teachers Syndicate Council to the courts, especially after the decision to increase the salaries of teachers adopted by the Council of Ministers on Saturday evening failed to stop the strike.
At a press conference on Sunday evening, Prime Minister Omar Razzaz confirmed that the government will implement the decision of the Administrative Court, calling on Jordanians to send their children to schools on Monday, criticizing the union's insistence on the continuation of the strike despite the government's decision to grant teachers a single decision on Saturday night.
There was a state of legal controversy over the implementation of the Administrative Court's decision to immediately stop the teachers' strike, accompanied by a continuous debate on the platforms between those who supported teachers in continuing to strike until their demands were met, and those who called for their return to school to resume the school year.
In the midst of this atmosphere, the teachers' strike entered its fourth week with protest activities and marches organized by their union branches in the governorates of Balqa and Ajloun, amid a wide participation of teachers.
In a speech in the governorate of Ajloun, the teachers' union deputy Nasser Al-Nawasra reiterated the union's commitment to strike until the demands of teachers and the 50% bonus are met, refusing to comment on the decision of the Administrative Court.
|Teachers' strike nearing end of first month without looming (Anatolia)|
The origin of the invitation
The case on the basis of which the Administrative Court issued its decision to stop the open strike temporarily pending the decision of the case filed by two parents of students, who filed a petition against the Council of Jordan Teachers Syndicate and the Minister of Education.
The court's decision said on Sunday that "the court will review the urgent request submitted by the summoner, the jurisdiction of the administrative court as a court of urgent matters, the availability of the conditions stipulated, and that our court is competent in his view."
In its ruling, the court decided to "temporarily suspend the implementation of the decision to declare the open strike until the case is decided."
Appeal against the decision
But the lawyer of the teachers union Bassam Freihat assured Al Jazeera Net that he applied to appeal the decision of the Administrative Court concerning the removal of teachers strike, explaining that the union filed an appeal to the Supreme Administrative Court.
Fraihat based his appeal on the fact that the Administrative Court is not competent to rule on this invitation, since its function is to consider the official administrative decisions issued by the Government.
"In the case of the teachers' union, it is not a government agency. In addition, any judicial decision must be implemented immediately in the event of a final decision, and then any opposition to the implementation of the decision subjected to the penalties provided for by law."
|Jordan teachers continue strike despite repeated government calls for return to school (Reuters)|
Binding .. and non-binding
But the head of the legal committee in the House of Representatives Abdel Moneim al-Awdat considered that the decision "the duty of immediate implementation."
In his opinion, "no party, person or body has the right to obstruct the execution of judicial decisions that we trust in its impartiality." .
On the other hand, the former President of the Bar, MP Saleh al-Armouti, believes that the decision of the Administrative Court becomes effective immediately if it takes a definitive character.
He told Al Jazeera Net "If the teachers union challenged the decision before the Supreme Administrative Court, the decision becomes invalid until it is decided by the Supreme Court."
Armouti disagreed with the return in the immediate implementation of the decision, pointing out that such a decision is called in the judicial custom "decision of concern until the decision to call," and the terms of stopping the strike are not available, and the court must notify the union list of lawsuit to defend itself.
In the view of Armouti, the decision of the court challenges the decision of the Council of Teachers Syndicate, which announced the strike, and is not binding on teachers in the field, and have nothing to do with it.
There was controversy on the platforms of communication between Jordanians, where the marking # Administrative Court and # Teachers-Strike ladder circulation in Jordan.
"The administrative court made a decision to stop the teachers 'strike after the lawsuit filed by two student parents against the teachers' union with and behind the teachers," said activist Nida Majali.
Amid the impasse in finding solutions to the crisis that has become the top concern of Jordanians, the Teachers' Union insists on implementing two demands: First, the government's apology to teachers first as a result of what it calls security forces attacks on teachers during the prevention of a sit-in scheduled to be held earlier this month in front of the prime minister.
The second is that the government recognizes the right of teachers to a 50% premium to their basic salary; while the government has stressed several times in the words of its President Omar Razzaz that the demand for the allowance can not be implemented due to budgetary conditions, where it stresses that the implementation needs up to $ 150 million.
However, observers believe that the crisis has turned into a conflict of wills between the teachers' union, which represents about 140 thousand teachers, supported by large sections of the Jordanian street, and a government that believes that the implementation of these demands after a series of weeks of refusal means shaking confidence, as well as encouraging other sectors to take a strike Open-ended means to fulfill demands.