Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai

المادة 1

This Law will be cited as “Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai”.

المادة 2

The following words and expressions, wherever mentioned in this Law, will have the meaning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. Ruler: His Highness the Ruler of Dubai. Chairman: The chairman of the Judicial Council. Judicial Council: The Judicial Council of the Emirate. Courts: The Dubai Courts, including the Court of Cassation, the Court of Appeal, and the Courts of First Instance. Tribunal: A special tribunal formed in the Emirate in accordance with this Law. Public Prosecution: The public prosecution of the Emirate. JID: The Judicial Inspection Department. Judicial Authorities: The Courts, the Public Prosecution, and the JID. Attorney General: The attorney general of the Emirate. Judge: A head of a Court, or a Court judge. Member of the Public Prosecution: The Attorney General; an advocate general; or a chief public prosecutor or a public prosecutor of any grade. Judicial Inspector: A member of the judicial inspection staff of the JID. Member of a Judicial Authority: A Judge, a Member of the Public Prosecution, or a Judicial Inspector.

المادة 3

a. The judiciary is the guardian of all rights. It guarantees the right of all persons to fair litigation. Any act that breaches this principle is hereby prohibited. b. The honour, integrity, conscience, and impartiality of Members of the Judicial Authorities are the guarantors of rights and liberties.

المادة 4

a. Judgements will be delivered and executed in the name of the Ruler as per the conditions, procedures, and formalities prescribed by law. A capital punishment judgement may be executed only if it is confirmed by the Ruler. b. The Ruler may grant pardons, mitigate punishments, or stay the execution of any criminal judgement.

المادة 5

Judges will act independently in performing their duties and will be answerable only to law. The independence of the judiciary may not be prejudiced.

المادة 6

The right to litigate is preserved for all. All persons are entitled to equitable treatment in judicial proceedings. Litigants are indiscriminately equal before the judiciary.

المادة 7

The right to defense is guaranteed to litigants in all stages of investigation and trial.

المادة 8

a. No claim whatsoever may be filed against a Member of a Judicial Authority in relation to, by reason of, due to, or in the course of, performing his duties, except pursuant to the conditions and rules, and in the cases, stated in this Law. b. A civil claim may be filed to seek the annulment of a decision rendered by the Judicial Council or by a Judicial Authority only by way of appealing such a decision in the cases prescribed by law.

المادة 9

a. The provisions of this Law will apply to the Judicial Council established pursuant to the above-mentioned Law No. (6) of 1992. b. The Judicial Council will be comprised of a Chairman, a vice chairman, and a number of members, appointed pursuant to a decree of the Ruler. Members of the Judicial Council must include the Head of the Court of Cassation, the Attorney General, the Head of the Court of Appeal, the Head of the Courts of First Instance, and the Director of the JID.

المادة 10

The Judicial Council will have the objectives to: 1. uphold the principles of justice, equality, and the rule of law; 2. contribute to the achievement of sustainable development in the Emirate by maintaining a fair, honest, advanced, and efficient judiciary; 3. implement the vision and strategic objectives of the Emirate in respect of developing the justice sector; 4. ensure the independence and development of the judiciary; 5. reinforce the values, ideals, and ethics of judicial work; and 6. ensure the dignity, integrity, and competency of Members of the Judicial Authorities.

المادة 11

For the purpose of achieving its objectives, the Judicial Council will have the duties and powers to: 1. establish, and supervise the implementation of, a general policy for developing the administration of the affairs of the Judicial Authorities; 2. propose, consider, and provide opinion on draft laws and bylaws related to the Judicial Authorities; 3. approve the draft annual budget of the Judicial Council and the JID, and submit the same to the Ruler for final approval, in accordance with the procedures adopted in this respect; 4. supervise the affairs of, and ensure proper conduct of work at, the Courts, the Public Prosecution, and their supporting bodies; and supervise Members of the Judicial Authorities to the extent permitted by this Law; 5. take the necessary action in respect of judicial work progress reports submitted to it by the Courts and the Public Prosecution, and in respect of the reports submitted to it by the JID on judicial work progress at the Courts and at the Public Prosecution; 6. review, and take the necessary action on, the reports submitted to it regarding Members of the Judicial Authorities; 7. consider and determine all matters related to Members of the Judicial Authorities, including appointment, re-appointment, promotion, secondment, transfer, removal from post, retirement, and any other matters; 8. approve the bylaws related to the affairs of Members of the Judicial Authorities; 9. consider the complaints against Members of the Judicial Authorities referred to it by the Judicial Authorities; and issue the necessary decisions in this respect, including imposing disciplinary penalties; 10. take action on the reports submitted to it by the JID; 11. consider, and issue the necessary decisions on, the grievances submitted by Members of the Judicial Authorities; 12. establish the principles, rules, conditions, and requirements related to the appointment of Members of the Judicial Authorities; 13. prepare, at the end of each year, a comprehensive report that includes the achievements of the Judicial Authorities, the obstacles they encounter, and suggestions concerning their affairs; and submit the same to the Ruler; 14. nominate qualified persons for appointment as Members of the Judicial Authorities; 15. issue the Code of Judicial Conduct; 16. summon any person it deems appropriate to provide it with clarifications on matters referred to it; 17. request from Government Entities and non-government entities any information or documents which are relevant to its functions; 18. determine applications submitted to it by Members of the Judicial Authorities to engage in any other employment that does not conflict with their employment duties; and 19. perform any other duties assigned to it under the legislation in force or by the Ruler, or referred to it by the Chairman.

المادة 12

a. The Judicial Council will convene at least four (4) times a year at its head office or, where necessary, at any other venue determined by the Chairman. b. The Judicial Council will convene at the invitation of the Chairman. The invitation to a Judicial Council meeting must be accompanied by the meeting agenda and any other necessary documents. c. Meetings of the Judicial Council will be valid if attended by the majority of its members, provided that the Chairman or vice chairman is in attendance. Resolutions of the Judicial Council will be passed by majority vote of attending members, and in the event of a tie, the chair of the meeting will have the casting vote. d. In the absence of the Head of the Court of Cassation, Head of the Court of Appeal, or Head of the Courts of First Instance from a meeting of the Judicial Council, the most senior Judge at his respective Court will deputise for him. In the absence of the Attorney General from a meeting of the Judicial Council, the Assistant Attorney General, or the most senior Advocate General in case of absence of the Assistant Attorney General, will deputise for the Attorney General. In the absence of the Director of the JID from a meeting of the Judicial Council, the most senior Judicial Inspector will deputise for him. e. Deliberations of the Judicial Council will be held in camera. The Chairman may decide to disclose any Judicial Council meeting outcomes as he deems appropriate. f. For the purpose of exercising its duties and powers under this Law and under the resolutions issued in pursuance hereof, the Judicial Council may, as it deems appropriate, invite experts and specialists to attend its meetings. However, they do not have the right to vote in its deliberations. g. The Chairman will issue a bylaw prescribing the rules and procedures regulating the work of the Judicial Council.

المادة 13

The Judicial Council may form committees from among its members to perform certain duties determined or delegated by the Judicial Council. These may not include any of the Judicial Council duties relating to the appointment, promotion, transfer, or retirement of Members of the Judicial Authorities.

المادة 14

a. The Judicial Council will have a General Secretariat to provide the administrative support services that enable the Judicial Council to perform its functions; and provide the information, data, and studies required by the Judicial Council. b. The Secretary General of the Judicial Council will be appointed from among Members of the Judicial Authorities pursuant to a decree of the Ruler, and will have the duties and powers assigned to him under this Law and the resolutions issued in pursuance hereof. c. The Secretary General of the Judicial Council will act as its rapporteur, and will not have the right to vote in its deliberations. d. The Secretary General of the Judicial Council will supervise the employees of the General Secretariat. The Judicial Council will determine the functions and organisational structure of the General Secretariat. e. The Chairman will issue the resolutions regulating the administrative, financial, and technical work of the General Secretariat, including the human resources regulations. f. The General Secretariat of the Judicial Council will have an administrative and technical body appointed by the Secretary General of the Judicial Council. The above-mentioned Law No. (27) of 2006 will apply to this body until the human resources regulations referred to in paragraph (e) of this Article are issued.

المادة 15

The provisions of this Law will apply to the Dubai Courts established pursuant to the above-mentioned Law No. (3) of 1992.

المادة 16

The Courts will have jurisdiction over all natural and legal persons in the Emirate, except persons who are excluded by a special law. This jurisdiction covers all civil and penal matters.

المادة 17

a. The Courts will comprise: 1. the Court of Cassation; 2. the Court of Appeal; and 3. the Courts of First Instance. b. The Courts are ranked in the hierarchical order stated in paragraph (a) of this Article.

المادة 18

The Courts will have a head office located in the Emirate. The head of each Court may establish divisions of that Court, which may hold hearings outside of the head office.

المادة 19

a. The Court of Cassation is the highest Court in the Emirate. It will be formed of a head and a sufficient number of Judges. In the absence of the Head of the Court of Cassation for any reason whatsoever, the most senior Judge of the Court of Cassation will deputise for him. b. The Court of Cassation will be comprised of a number of judicial divisions that consider applications and appeals submitted to them in accordance with the law. These divisions will be established and formed, and their jurisdiction determined, pursuant to a resolution of the Head of the Court of Cassation. The number of Judges in each division must not be less than five (5). c. The Court of Cassation will conduct judicial review of the judgements of other Courts by verifying whether these judgements are rendered in accordance with the law. It will consider the merits of any second cassation appeal regardless of its grounds. d. Where an appeal in the interest of the law is filed by the Attorney General in accordance with the federal Civil Procedures Code, the Court of Cassation will determine the validity of the grounds of that appeal.

المادة 20

a. An expanded judicial panel (the “General Panel”) will be formed at the Court of Cassation. The General Panel will comprise the Head of the Court of Cessation, or the most senior Judge thereof, and at least eight (8) Judges appointed pursuant to a resolution of the Chairman. The General Panel will have jurisdiction to consider and determine: 1. lawsuits that involve a question of law which is raised for the first time, or that are of a complex nature or of critical importance; 2. cases where a division of the Court of Cassation deviates from a legal principle which has been established by the Court of Cassation in a previous judgement; 3. positive or negative conflicts of jurisdiction among the Courts or between the Courts and the Rental Dispute Settlement Centre in the Emirate; 4. disputes arising from conflicting judgements rendered by the Court of Cassation; and 5. any other matters referred to it by the Judicial Council for consideration and determination. b. The General Panel will render its judgements by majority vote, and in the event of a tie, the chairman of the General Panel will have the casting vote.

المادة 21

The Court of Cassation will have a Technical Office comprised of a Court of Cassation Judge, as chairman, and a sufficient number of members, appointed pursuant to a resolution of the Head of the Court of Cassation.

المادة 22

The Technical Office of the Court of Cassation will: 1. derive legal principles and judicial rules from the judgements rendered by the Court of Cassation; classify and index these principles and rules following their presentation to the Head of the Court of Cassation; and publish the same; 2. conduct legal and technical research and studies; 3. follow up the enactment of federal and local legislation on a monthly basis, and provide the Court of Cassation Judges with copies of the same; 4. draft the circulars and guidelines to be issued by the Head of the Court of Cassation to regulate judicial work at the Courts; and 5. perform any other duties assigned to it by the Head of the Court of Cassation.

المادة 23

a. The Court of Appeal will be formed of a head whose grade is not lower than cassation Judge, and a sufficient number of Judges. In the absence of the Head of the Court of Appeal, the most senior Judge of the Court of Appeal will deputise for him. The Court of Appeal will exercise the functions assigned to it by law. b. The Court of Appeal will be comprised of a number of judicial divisions that consider applications and appeals submitted to them in accordance with the law. These divisions will be established and formed, and their jurisdiction determined, pursuant to a resolution of the Head of the Court of Appeal. The number of Judges in each division must not be less than three (3).

المادة 24

a. The Courts of First Instance will be formed of a head whose grade is not lower than senior appellate Judge, and a sufficient number of Judges. In the absence of the Head of the Courts of First Instance, the most senior head of a specialised Court will deputise for him. The Courts of First Instance will exercise the functions assigned to them by law. b. The Courts of First Instance will comprise specialised courts. These specialised courts will be formed, and their heads appointed, pursuant to resolutions of the Judicial Council. The Courts of First Instance will have jurisdiction to consider applications and claims in accordance with the law. c. Each specialised Court will have a head whose grade is not lower than appellate Judge. In the absence of a head of a specialised Court, the Head of the Courts of First Instance will assign a Judge to deputise for him. d. A specialised Court will be comprised of divisions. These divisions will be formed, and their functions determined, pursuant to a resolution of the head of the specialised Court, subject to the approval of the Head of the Courts of First Instance. e. The Head of the Courts of First Instance may transfer Judges among specialised Courts.

المادة 25

A Tribunal will be formed pursuant to a resolution issued by the Ruler upon the recommendation of the Chairman to consider and determine certain legal matters, disputes, or legal proceedings. The resolution forming the Tribunal must determine its jurisdiction and the methods of appealing its judgements, and must contain any other relevant provisions.

المادة 26

The provisions of this Law will apply to the Public Prosecution established pursuant to the above-mentioned Law No. (8) of 1992.

المادة 27

The Public Prosecution will have the jurisdiction vested in it by law. Unless otherwise stipulated by law, the Public Prosecution will have the exclusive power to initiate and prosecute penal proceedings, to enforce penal judgements, and to supervise places of detention, prisons, and other places where judgements, orders, and decisions of competent authorities are executed.

المادة 28

a. The functions of the Public Prosecution will be performed by the Attorney General, who will be appointed pursuant to a decree of the Ruler and assisted by a sufficient number of Members of the Public Prosecution. b. Pursuant to a decree of the Ruler, an assistant attorney general will be appointed from among senior Advocates General. c. Where the Attorney General is absent or his office falls vacant for any reason whatsoever, the assistant attorney general, or the most senior Member of the Public Prosecution, will perform all the functions of the Attorney General.

المادة 29

The Public Prosecution is an indivisible entity that exercises the power to conduct investigations and charge persons. A Member of the Public Prosecution may act for any other member and may complete the procedures commenced by that other member without prejudice to any jurisdiction rules and provisions prescribed by law.

المادة 30

a. Members of the Public Prosecution will exercise their functions under the supervision of their line managers according to their reporting lines. Members of the Public Prosecution will perform their duties as representatives of the Attorney General in accordance with the law, and will be bound to implement the Attorney General's orders with respect to their administrative affairs and with respect to instituting and following up legal proceedings. b. The Attorney General may serve a verbal or written notice on a Member of the Public Prosecution who commits a minor breach of his duties after hearing his statements. The Member of the Public Prosecution may submit a written grievance to the Judicial Council against the notice served on him, within fifteen (15) days from the date of being notified of the decision of the Attorney General. The Judicial Council may uphold or quash the notice, and its decision in respect of the grievance will be final. c. Specialised prosecution units will be established within the Public Prosecution. The functions of these units and appointment of Members of the Public Prosecution therein will be determined pursuant to a resolution of the Attorney General. d. The Attorney General or his authorised representative will determine the work shift system of Members of the Public Prosecution in accordance with work requirements.

المادة 31

In pursuing crimes and their perpetrators and gathering the evidence required for investigations and indictment, and performing other duties that fall within their mandate, law enforcement officers will report to the Attorney General, and he will have the authority to oversee them.

المادة 32

For a person to be appointed as a Court Judge, a Member of the Public Prosecution, or a Judicial Inspector, he must: 1. be a Muslim of full capacity; 2. be a UAE national. The Judicial Council may exempt any person from this requirement; 3. hold at least a bachelor's degree in law, or in Islamic Sharia and law, from an academic institution whose degrees are accredited by the competent federal or local government entity in the Emirate, whether such a degree is awarded within or outside of the UAE; 4. not be less than twenty-five (25) years of age at the time of appointment as a Court of First Instance Judge; or less than twenty-one (21) years of age at the time of appointment as an assistant public prosecutor at the Public Prosecution; 5. have at least six (6) years of work experience in a judicial or legal post, to be appointed as a Court of First Instance Judge; or have at least four (4) years of work experience or have attended the training course of the Dubai Judicial Institute, to be appointed as an assistant public prosecutor; 6. be of good conduct and repute; 7. be medically fit to perform his employment duties; 8. successfully pass the relevant interviews; 9. not have been convicted of any offence affecting honour or trustworthiness by a Court or disciplinary board, even if he has been rehabilitated or has been pardoned pursuant to an individual or general pardon, and even if the disciplinary penalty imposed on him has been forfeited; and 10. meet any other requirements determined pursuant to a resolution of the Judicial Council.

المادة 33

Employment designations and grades of UAE national Members of the Judicial Authorities appointed at the Courts, the Public Prosecution, and the JID will be as stated in the following schedule:

المادة 34

The salaries, allowances, increments, and benefits of UAE and non-UAE national Members of the Judicial Authorities will be determined pursuant to a resolution of the Ruler.

المادة 35

Subject to the requirements stipulated in Article (32) of this Law, before assuming his duties, an appointed Member of a Judicial Authority must complete the training or qualification programme approved by the Judicial Council in this respect.

المادة 36

a. A person who has, for at least the respective period stipulated below, occupied a judicial or legal post at the Courts or the Public Prosecution; worked as a law instructor after obtaining his master’s or doctorate degree from an academic institution recognised in the UAE; served as an advocate or legal consultant at the Government of Dubai; or occupied a post which is determined by the Judicial Council as equivalent to any of the posts of Members of the Judicial Authorities may be appointed at the Courts or at the Public Prosecution in any of the corresponding posts:

المادة 37

a. The Head of the Court of Cassation, the Head of the Court of Appeal, and the Head of the Courts of First Instance will be appointed pursuant to a decree of the Ruler. b. A Member of a Judicial Authority will be appointed pursuant to a decree issued by the Ruler upon the recommendation of the Judicial Council.

المادة 38

a. Subject to the requirements stipulated in Article (32) of this Law, a person who has served as a Member of a Judicial Authority and whose service has ended for other than disciplinary reasons may be reappointed on the same grade he held before the end of his service pursuant to a decree issued by the Ruler upon the recommendation of the Judicial Council. b. The Judicial Council will issue a resolution to determine the rules of reappointment of Members of the Judicial Authorities.

المادة 39

a. Upon appointment and before commencing his duties, a Judge must take the following oath: “I swear by Allah the Almighty to administer justice, to perform my duties with honesty and integrity, and to respect the legislation in force”. b. Upon appointment and before commencing his duties, a Member of the Public Prosecution or a Judicial Inspector must take the following oath: “I swear by Allah the Almighty to perform my duties with honesty and integrity and to respect the legislation in force.” c. A Member of a Judicial Authority will take the oath before the Ruler or his authorised representative.

المادة 40

a. Continuing training and qualification is required for the promotion of Members of the Judicial Authorities to higher judicial posts. b. The concerned Court or the Public Prosecution, as the case may be, will determine the training and qualification programmes of Members of the Judicial Authorities. c. Based on the findings of a judicial inspection report, the JID may require a Member of a Judicial Authority to undergo training and qualification. d. The Judicial Council will approve the annual training and qualification plan of Members of the Judicial Authorities.

المادة 41

a. A Member of a Judicial Authority will be promoted to the next higher grade pursuant to a decree issued by the Ruler upon the recommendation of the Judicial Council. b. Promotion of Members of the Judicial Authorities will be considered once a year at the time prescribed by the Judicial Council. Notwithstanding the foregoing, the Judicial Council may consider the promotion of Members of the Judicial Authorities at other than the prescribed time. c. A Member of a Judicial Authority may be promoted to the next higher grade if he meets the conditions and requirements determined pursuant to the resolution issued by the Judicial Council in this respect, provided that he completes the minimum period of service in his current grade and receives no less than a “Very Good” performance rating. In case of equal performance ratings, seniority will be taken into consideration. The Judicial Council may exempt a Member of a Judicial Authority from the requirement to complete the minimum period of service in his grade.

المادة 42

A Member of a Judicial Authority may be denied promotion if a disciplinary action is taken against him, in which case, he must be notified of the same in writing. The Member of the Judicial Authority may submit to the Judicial Council a grievance against the denial of his promotion, within thirty (30) days from the day following such notification. The decision of the Judicial Council on the grievance will be final.

المادة 43

The Judicial Council will issue a resolution prescribing the rules, standards, and regulations concerning seniority of Members of the Judicial Authorities, and all relevant provisions.

المادة 44

Notwithstanding the provisions of any other legislation, a Member of a Judicial Authority may be transferred, assigned the duties of another post, or seconded only in accordance with the conditions and provisions stated in this Law.

المادة 45

A Member of a Judicial Authority may be transferred to a post of the same grade as his original post at the Courts, the Public Prosecution, or the JID pursuant to a decree of the Ruler.

المادة 46

a. A Member of a Judicial Authority may be transferred to a post outside of the Judicial Authorities. b. Transfer of the Member of the Judicial Authority to a post outside of the Judicial Authorities will be pursuant to a decree of the Ruler.

المادة 47

a. A Member of a Judicial Authority may be assigned the judicial or legal duties of another post within or outside of the Judicial Authorities, whether in addition to, or to the exclusion of, his original duties. b. Assignment of the duties of another post within the Judicial Authorities will be pursuant to a resolution of the Head of the Court of Cassation, the Head of the Court of Appeal, or the Head of the Courts of First Instance at which the Judge serves, pursuant to a resolution of the Attorney General in case of Members of the Public Prosecution or pursuant to a resolution of the Director of the JID in case of Judicial Inspectors. c. A Member of a Judicial Authority may be assigned to perform the non-judicial or nonlegal duties of another post. d. A Member of a Judicial Authority will be assigned the duties of a post outside of the Judicial Authorities pursuant to a resolution of the Judicial Council.

المادة 48

a. A Member of a Judicial Authority may be seconded to a post outside of the Judicial Authorities. b. Pursuant to a decree issued by the Ruler upon the recommendation of the Judicial Council, a Member of a Judicial Authority may be seconded to a post at a federal or local government entity, at a company in which that government entity holds a percentage of the share capital, or at a corporation owned by it; and may be seconded to any foreign government or international or regional organisation or agency. c. The period of secondment of a Member of a Judicial Authority may exceed five (5) years only if he is seconded to perform judicial duties. d. The period of secondment will be deemed part of the period of service of the Member of the Judicial Authority and will not affect his seniority or promotion.

المادة 49

A Member of a Judicial Authority and his eligible family members will be entitled to healthcare in accordance with the health insurance policy adopted by the Judicial Council.

المادة 50

The retirement entitlements of Members of the Judicial Authorities will be regulated pursuant to a special law. The above-mentioned Federal Law No. (7) of 1999 will continue to regulate these entitlements until that special law is issued.