Federal Decree-Law No. (32) of 2022 — Federal Judicial Authority

107 अनुच्छेद

1. अनुच्छेद 1

   Judges are independent, and, in performing their duties, they shall be subject to no authority other than the provisions of the Constitution, the applicable laws and their consciences. They may be dismissed only in accordance with the provisions hereof. The independence of Judiciary may not be prejudiced. There may be no interference in the affairs of justice.

2. अनुच्छेद 2

   The Federal Judicial Authority shall have an independent budget to be attached to the general budget of the State.

3. अनुच्छेद 3

   The Federal Judicial Authority shall consist of the Federal Courts and the Federal Public Prosecution and shall exercise its powers in accordance with provisions of law.

4. अनुच्छेद 4

   1. Courts may not hold their hearings outside their main headquarters except by virtue of a decision of the Federal Judicial Council.

   2. Federal Courts may hold their hearings remotely through the use of modern technical means of communication.

   Chapter TWO Federal Judicial Council

5. अनुच्छेद 5

   The Federal Judicial Council shall be chaired by the Minister of Justice and the membership of each of the following:

   1. The President of the Federal Supreme Court (As a Deputy-Chairman);

   2. The Attorney General of the Federation;

   3. Head of the Judicial Inspection Circuit;

   4. The most senior Federal Courts of Appeal President; and

   5. The most senior Federal Courts of First Instance President.

   In the case of the Chairman's absence they shall be replaced with the Deputy-Chairman. The Federal Judicial Council shall be hereinafter referred to as the 'Council'.

6. अनुच्छेद 6

   The Council shall exercise the following functions: It shall:

   1. Supervise the independence of Judiciary.

   2. Set the general policy for the development of the affairs of Judiciary and supervise the implementation thereof.

   3. Decide on issues related to the Federal Judiciary and the Federal Public Prosecution in accordance with the legislation in force.

   4. Propose legislation for the development of the Federal Judiciary and the Federal Public Prosecution.

   5. Consider appointing Judges and Members of the Public Prosecution and referring them to retirement in accordance with the provisions hereof.

   6. Decide on promotions, transfers, assignments and secondments of Judges and Members of the Public Prosecution in accordance with the provisions hereof.

   7. Decide on requests and grievances related to the affairs of Members of Judiciary. The Council's decision regarding such grievances shall be final.

   8. Issue a code of judicial conduct and the principles, obligations and directives that govern the work of Members of Judiciary.

   9. Study the reports submitted to the Council on the progress of work in Courts and Public Prosecution Offices and take the necessary decisions in this regard.

   10. Consider the necessary requirements for Members of Judiciary and take the necessary measures in this regard.

   11. Approve the draft budget of Judiciary, supervise the implementation thereof; And approve the final account and submit it to the competent authorities for approval in accordance with the legal and regulatory procedures and controls approved by the Federal Government.

   12. Other competencies stipulated herein or in any other federal law.

7. अनुच्छेद 7

   1. The Council shall have a General Secretariat headed by a Secretary-General who is delegated by a decision of the Council, provided that they are a Member of Judiciary. This position shall be held for a period of (4) four years, subject to renewal. The Secretary-General shall be the Rapporteur of the Council and shall attend its sessions without having a counted vote in its deliberations.

   2. In the performance of their duties, the Secretary-General shall be assisted by a sufficient number of administrators and Members of Judiciary. By virtue of a decision of the Minister Justice, a number of employees in the Ministry of Justice may be assigned to work in the Secretariat of the Council.

   3. The regulation of the General Secretariat and its functions shall be issued by a decision of the Council.

8. अनुच्छेद 8

   1. The Council shall hold its meetings in the capital of the Federation at the place specified by the Chairman of the Council. The Council's meetings may be held remotely through the use of modern means of communication.

   2. The Council shall convene once a month or whenever the need arises. The Council's meeting is valid only if it is attended by its Chairman or Deputy-Chairman alongside four of its members. Its decisions are issued by a majority vote of those present. If the votes are equal, the Chairman shall cast the deciding vote. The deliberations of the Council shall be in camera.

   3. The members of the Council shall receive a remuneration to be determined in the Schedules of Grades and Salaries of Members of Judiciary.

9. अनुच्छेद 9

   The Council shall issue its own by-law.

10. अनुच्छेद 10

    The Council may invite whomever it deems necessary to clarify a specific issue in the topics presented to it, and request from any party any data and information it deems necessary.

11. अनुच्छेद 11

    From among its members, the Council may form one or more Committees to which it delegates some of its powers, except for those related to appointment, promotions, transfers, assignment, secondment and referral to retirement.

    Part (2): Federal Courts

12. अनुच्छेद 12

    The Federal Courts shall consist of the following:

    1. Federal Supreme Court;

    2. Federal Courts of Appeal; and

    3. Federal Courts of First Instance The hierarchy of such Federal Courts shall be as listed above.

13. अनुच्छेद 13

    The Federal Courts are competent to adjudicate all disputes and crimes that fall within their jurisdiction in accordance with the provisions of the Constitution and Federal Laws. They shall also have the competences of the local Judicial Bodies transferred to it at the request of the concerned emirate. The law sets out the rules for the jurisdiction of the Courts and the levels of litigation.

14. अनुच्छेद 14

    The Federal Supreme Court shall be regulated by a law specifying the number of its Circuits, system, work procedures, terms of service and retirement of its members and the conditions and qualifications that they must meet.

    Chapter ONE Federal Courts of First Instance & Federal Courts of Appeal

15. अनुच्छेद 15

    1. The Federal Court of First Instance shall consist of a President and a sufficient number of Judges. It shall have one or more Circuits to consider criminal matters; one or more Circuits to consider civil and commercial matters; one or more Circuits to consider administrative matters; one or more Circuits to consider disputes related to personal status; and one or more Circuits to consider disputes related to other specialized matters. The Court shall be administratively supervised by the President of the Court who shall choose their Deputy from among its Judges.

    2. The formation of Circuits and the distribution of Judges among them shall be by a decision of the General Assembly based on the proposal of the President of the Court and the approval of the Head of the Judicial Inspection Circuit.

    3. Each Circuit of the Court is headed by the President of the Court or one of its Judges. Judgments are handed down by one Judge unless the law provides otherwise.

16. अनुच्छेद 16

    1. The headquarters of the Federal Courts of Appeal shall be in the capitals of the emirates or the dependent regions. By virtue of a decision of the Council, such Courts may have Circuits in other regions.

    2. The Federal Court of Appeal shall be composed of a President and a sufficient number of Judges. It shall have one or more Circuits to consider criminal matters; one or more Circuits to consider civil and commercial matters; one or more Circuits to consider administrative matters; one or more Circuits to consider disputes related to personal status; and one or more Circuits to consider disputes related to other specialized matters. The Circuit shall be headed by the President of the Court or one of its Judges. The Court

    shall be administratively supervised by the President of the Court who shall choose their Deputy from among its Judges.

    3. The formation of Circuits and the distribution of Judges among them shall be by a decision of the General Assembly based on the proposal of the President of the Court and the approval of the Head of the Judicial Inspection Circuit.

    4. The Federal Courts of Appeal are competent to consider appeals against judgments handed down by the Federal Courts of First Instance. They also consider the disputes falling within their jurisdiction in accordance with the provisions of the law.

    5. Judgments shall be rendered by three Judges. Judgments shall be final.

    6. The Criminal Circuit of the Abu Dhabi Federal Court of Appeal is exclusively competent to decide on cases related to crimes that directly affect the interests of the Federation, such as crimes related to the UAE's security at home or abroad and forgery crimes related to official documents or seals of one of the federal authorities, and currency counterfeiting cri mes.

17. अनुच्छेद 17

    The litigants may challenge the judgments rendered by the Federal Courts of Appeal before the Federal Supreme Court in the cases and in accordance with the procedures provided for by law.

    Chapter TWO General Assemblies of Courts and Interim Committees

18. अनुच्छेद 18

    Each Federal Court of First Instance or Federal Court of Appeal shall have a General Assembly. It shall convene at the invitation of the President of the Court or their Deputy, or at the request of at least one-third of its members to consider the following matters:

    1. Formation of Circles.

    2. Distribution of cases among Circles.

    3. Determining the number and dates of hearings.

    4. Organizing the Judges' leaves and work during the judicial leave and determining the cases to be considered.

    5. Any other issues stipulated herein or assigned to it by a decision of the Council. The General Assembly may delegate some of its powers to the President of the Court.

19. अनुच्छेद 19

    The General Assembly of the Court shall be composed of all its members. The General Assembly shall be chaired by the President of the Court, or, in the case of their absence, by

    their Deputy. If both of them are absent, the most senior of the members of the General Assembly shall chair the meeting. The meeting is valid only if it is attended by more than half of the General Assembly members. In the event that this quorum is not available, the General Assembly shall convene an hour later than the original time, and such meeting shall be valid only if it is attended by at least one-third of the General Assembly members. In the event that this quorum is not available either, the General Assembly shall be re-called to meet within a week, and such convening shall be valid regardless of the number of attendees.

20. अनुच्छेद 20

    1. Resolutions of the General Assembly are issued by a majority vote of the members present. In the case of a tie, the Chairperson of the session shall have the casting vote.

    2. The minutes of the General Assembly shall be recorded in a register prepared for this purpose, and it shall be signed by the President of the Court.

21. अनुच्छेद 21

    The General Assembly in each Court shall form a Committee called the "Interim Affairs Committee" headed by the President of the Court or their representative and the membership of the two most senior of its members. Such Committee shall have the powers of the General Assembly in terms of summary matters if the General Assembly cannot convene to consider such matters by itself.

22. अनुच्छेद 22

    The resolutions of both the General Assemblies and the Interim Affairs Committee shall be notified to the Council within (5) five working days from the date of their issuance. The Council has the right to object to such resolutions and return them to the General Assemblies and the Interim Affairs Committee for reconsideration. The Council may then take what it deems appropriate regarding such resolutions. The Council's decision in this regard shall be final.

    Chapter THREE Rules of Hearings and Judgments in Courts

23. अनुच्छेद 23

    Litigation is a protected right guaranteed to everyone. Everyone has the right to be treated fairly in judicial proceedings. Before Judiciary, litigants, without discrimination, are equal.

24. अनुच्छेद 24

    The right to defence is guaranteed to litigants at all stages of investigation and trial.

25. अनुच्छेद 25

    The language of the Courts is Arabic. The Court shall hear the statements of the litigants or witnesses who do not speak Arabic through an interpreter after such interpreter takes the oath in accordance with the law.

26. अनुच्छेद 26

    1. Court hearings are public unless the law stipulates, or the Court decides, on its own initiative or upon the request of the Public Prosecution, or one of the litigants, that they should be in camera in order to preserve public order or public morals or to observe the sanctity of private life. In all cases, the judgment shall be pronounced in a public hearing.

    2. The order and control of the hearing are entrusted to its Chairperson.

27. अनुच्छेद 27

    Judgments must include the reasons on which they are based.

28. अनुच्छेद 28

    Judgments are passed by majority unless the law provides for unanimity of opinions.

29. अनुच्छेद 29

    Judgments are issued by the Federal Courts in the name of the President of the United Arab Emirates and are executed in their name.

    Part (3): Federal Public Prosecution

30. अनुच्छेद 30

    1. The Federal Public Prosecution is indivisible as an investigative or indictment authority. Any of its members shall replace the other, and the procedures initiated by them shall be completed, subject to the rules of jurisdiction.

    2. The Federal Public Prosecution shall exercise the powers vested in it by law, and it shall have the exclusive right to file and pursue criminal cases, unless the law stipulates otherwise.

31. अनुच्छेद 31

    1. The Federal Public Prosecution is headed by an Attorney General to be appointed by a Federal Decree. It is not required to take the opinion of the Council with regard to the Attorney General's appointment.

    2. Before assuming their position, the Federal Attorney General, before the Head of State and in the presence of the Chairman of the Council, shall take the following oath: "I swear by Almighty God to perform my work observing integrity and honesty, and observe justice without fear or favoritism, and to be faithful to the Constitution and the laws of the Federation.

32. अनुच्छेद 32

    1. The Attorney General shall be assisted by one Assistant Attorney General and a sufficient number of Senior Advocates General, Advocates General and Chief Prosecutor, Assistant Chief Prosecutors, Senior Prosecutors, Prosecutors, and Assistant Prosecutors.

    2. The Assistant Prosecutors shall have the authority to investigate and indict in crimes under the supervision of the Chief Prosecutor. The Chief Prosecutor shall approve their decisions.

33. अनुच्छेद 33

    The Circle of each Federal Court of First Instance and Federal Court of Appeal shall have an Advocate General or a Chief Prosecutor under the supervision of the Attorney General, who shall have all the Attorney General's competencies stipulated in the laws.

34. अनुच्छेद 34

    1. Members of the Public Prosecution shall report to their superiors in the order of their ranks and then to the Attorney General, and shall act as substitute to the Attorney General in the discharge of their duties.

    2. The Attorney General has the right to control and supervise all Members of the Public Prosecution.

35. अनुच्छेद 35

    1. The Federal Attorney General shall have competence to deal with the crimes that affect the interests of the Federation. In terms of other crimes, the territorial jurisdiction of the Federal Attorney General is determined by the territorial scope of the Federal Judiciary.

    2. Federal Prosecution Offices shall be established by a decision of the Attorney General based on the approval of the Council.

    3. The workplaces and jurisdiction of Members of the Public Prosecution shall be determined by a decision of the Council based on the proposal of the Attorney General.

36. अनुच्छेद 36

    By a decision of the Council, based on the proposal of the Federal Attorney General and the approval of the authorities concerned with investigation and indictment in the emirates of the State, the Federal Public Prosecution may exercise its powers in such emirates.

37. अनुच्छेद 37

    The intervention of the Public Prosecution is obligatory in cases, requests and appeals filed before the Federal Supreme Court, except for cassation appeals in civil and commercial matters, in which its intervention is permissible. The Public Prosecution shall be represented before the Federal Supreme Court by a Member whose rank is not lower than a Chief Prosecutor.

    Part (4): Members of Judiciary

    Chapter ONE Appointment, Promotion and Seniority of Members of Judiciary

38. अनुच्छेद 38

    Whoever assumes Judiciary in the Federal Courts, or is appointed in the Public Prosecution, shall meet the following conditions: They shall:

    1. Have full legal capacity;

    2. Be a national of the United Arab Emirates State;

    3. Be at least (28) twenty-eight years old (for the Judges of the Courts of First Instance); at least (30) thirty years old (for the Presidents of the Federal Courts of First Instance and their Deputies); at least (35) thirty-five years old (for the Judges of the Courts of Appeal); at least (40) forty years old (for the Presidents of the Federal Courts of Appeal and their Deputies, the Federal Attorney General, the Assistant Attorney General and the Senior Advocates General and Advocates General); and at least (21) twenty-one years old (for the rest of the Members of the Public Prosecution);

    4. Hold a degree in Islamic law, law, or Sharia and law from one of the universities or higher institutes recognized in the State, or an equivalent thereto;

    5. Be of good conduct and reputation, and have not been previously sentenced by a Court or Disciplinary Board for a matter that violates honour or trust, even if they have been rehabilitated or the disciplinary penalty imposed on them has been removed; and

    6. Pass the prescribed exams and training courses.

39. अनुच्छेद 39

    Subject to the provision of Article (38) of this Decree-Law, Judiciary jobs in the Federal Courts and jobs in the Public Prosecution may be assumed by anyone who has spent periods not less than the ones mentioned below in judicial or legal work in one of the Courts or their equivalent jobs in the Public Prosecution, Fatwa and Legislation Departments, or in teaching Sharia Islamic law or law in one of the recognized universities or higher institutes or in the legal profession or other legal work that is equivalent to working in Judiciary and the Public Prosecution as determined by the Council:

    1. (20) twenty years with regards to assuming the positions of Presidents in the Courts of Appeal and their Deputies, the Attorney General, Assistant Attorneys General and Senior Advocates General.

    2. (14) fourteen years with regards to assuming the positions of Judges of the Courts of Appeal, Presidents of Courts of First Instance and Advocates General.

    3. (10) ten years with regards to the positions of Vice-Presidents of the Courts of First Instance and Chief Prosecutors.

    4. (9) nine years with regards to the positions of Judges of the Courts of First Instance and Assistant Chief Prosecutors.

    5. (6) six years with regards to the positions of Senior Prosecutors and Prosecutors.

    6. (3) three years with regards to the positions of Assistant Prosecutors.

40. अनुच्छेद 40

    1. As an exception to the provisions of Clause (2) of Article (38) of this Decree-Law, among the nationals of other countries, those who have fulfilled the remaining conditions stipulated in that Article may be appointed by secondment from their respective governments or by virtue of personal employment agreements for a renewable period of time in accordance with the criteria set by the Council.

    2. The provisions contained herein shall apply to them in matters not provided for in a special provision in their employment agreements.

41. अनुच्छेद 41

    With regards to the citizens of the State, the Council is not required to adhere to the age requirement stipulated in Clause (3) of Article (38) and the periods set forth in Article (39) of this Decree-Law, in accordance with the controls set by the Council in this regard.

42. अनुच्छेद 42

    The Members of Judiciary (Judges and Members of the Public Prosecution) shall be appointed by a Federal Decree subject to the approval of the Council. The Assistant Prosecutors shall be appointed by a decision of the Council provided that they pass the training courses prescribed by the Council.

43. अनुच्छेद 43

    Members of Judiciary who have left work in Judiciary or the Public Prosecution may be re-appointed in the same position they occupied before they left work, provided that the appointed person fulfills the conditions set forth in Article (38). Their seniority is determined in accordance with Article (48) of this Decree-Law.

44. अनुच्छेद 44

    1. Promotion to higher positions in Judiciary and Public Prosecution shall be from the immediate lower positions and by a decision of the Council after spending the terms and fulfilling the conditions determined by the Council.

    2. Promotion shall be based on competence. In the case of a tie, the more senior candidate shall prevail. The competence of the Member of Judiciary is determined based on their actual work and inspection reports on them and the passing of training courses in accordance with the controls and conditions set by the Council in this regard.

    3. The Presidents of Courts, the Chief Prosecutors and their superiors are appointed by a decision of the Council.

    4. The Assistant Attorney General shall be appointed by a Federal Decree. The Council's approval is not required for such appointment.

45. अनुच्छेद 45

    The promoted Member of Judiciary shall be granted the least salary of the position to which they were promoted, and they shall be entitled to a promotion bonus from the date of promotion.

46. अनुच्छेद 46

    Subject to Article (44) of this Decree-Law, a Member of Judiciary who has completed the prescribed term to remain in the job rank and has obtained at least two consecutive grades of "Very Good" is entitled to a financial promotion.

47. अनुच्छेद 47

    The promotion of a Member of Judiciary may be passed over in any of the following cases:

    1. If any of the disciplinary penalties referred to in Article (83) of this Decree-Law has been imposed on them; or

    2. If they fail to pass the prescribed training courses, the terms and conditions of which are set by the Council.

48. अनुच्छेद 48

    1. The seniority of Members of Judiciary shall count from the date of the Decree issued for their appointment or the decision issued for their promotion, unless otherwise specified by the Decree or decision subject to the approval of the Council.

    2. If more than one Member of Judiciary is appointed or promoted in one single Decree or decision, the seniority among them shall be determined according to their order in the said Decree or decision.

    3. The seniority of Judges transferred to positions in the Public Prosecution that are similar to their grades shall count from the date they occupied the grade they were in prior to the transfer. The same provision applies to cases of transfer of Members of the Public Prosecution to Judiciary.

49. अनुच्छेद 49

    The Council shall issue a resolution that includes determination of the types of leaves the Members of Judiciary are entitled to, their duration, and the provisions relating to each type, provided that the annual leave period does not exceed (30) thirty working days.

    Chapter TWO Transfer, Assignment and Secondment of Members of Judiciary

50. अनुच्छेद 50

    1. Members of Judiciary may not be transferred so as assume a job other than practising justice in Federal Courts or working in the Federal Public Prosecution except with their approval and by a decision issued by the Council.

    2. The Members of the Public Prosecution may be transferred to Judiciary by a decision of the Council based on a proposal by the Attorney General in coordination with the Head of the Judicial Inspection Circuit. In all cases, a Member of the Public Prosecution may be transferred to Judiciary when they have worked in the Public Prosecution for (6) six years.

    3. The transfer of Members of the Public Prosecution from one Public Prosecution Office to another shall be by a decision of the Attorney General.