Law No. (13) of 2018 Concerning the Amendment of Some Provisions of Law No. (23) of 2006 Concerning the Judicial Department in the Emirate of Abu Dhabi

Article 1 — The provisions of Articles (7), (10), (15), (23), (27), (27 bis 1), (27 bis 4), (30), ¶

and (31) of aforementioned Law No. (23) of 2006 shall be replaced by the
following texts:

Article 7 — 1. Courts of First Instance, Courts of Appeal and a Court of Cassation shall ¶

be formed in the Emirate.
2. Specialised Courts for the examination of certain disputes may be
established and their competencies may be determined by a resolution of
the Chairman based on the recommendation of the Council. Each court
may comprise circuits of first instance, circuits of appeal, and circuits of
enforcement of the judgments issued thereby.

Article 10 — The Court of Cassation shall be located in Abu Dhabi city. Three judges ¶

shall issue the judgments of the Court that shall have jurisdiction over the
following matters:
1- Appeals in cassation against judgments issued by the Courts of Appeal
and other instances where the law provides for the possibility of lodging
an appeal in cassation.
2- Jurisdiction conflict between the courts of the Emirate.
3- Accountability of the members of the Executive Council and senior
employees of the Emirate appointed by Amiri Decrees for their acts in
the performance of their official functions, based on the presentation of
the Chairman of the Executive Council and approval of the Ruler.

-- 7 of 30 --

7

Article 15 — 1- The Department shall have a Council known as the “Judicial Council” to ¶

be formed under the chairmanship of the Head of the Court of Cassation
and the membership of:
• A judge of the Court of Cassation, chosen by the Chairman as Deputy of
the Council’s Chairman.
• Undersecretary of the Department
• The Attorney General
• Director of the Judicial Inspection Division
• The two most senior Heads of the Courts of Appeal
• The most senior Head of the Court of First Instance
• Two jurists chosen by the Chairman.
The Deputy Chairman of the Council shall act on behalf of the Chairman of
the Council during his absence or in case of an impediment.
2- The Council shall have a General Secretariat to be formed and regulated by
a resolution of the Chairman based on the proposal of the Department’s
Undersecretary.

Article 23 — The rules of immunity stipulated in this Law shall apply to judges which shall ¶

not end unless for any of the following reasons:
1- Death
2- Resignation
3- Expiry of the term of the contracts of those who have contracts or the
secondment period of those who are seconded. The termination of the

-- 8 of 30 --

8
contract or secondment before expiry of their term shall be in accordance
with the applicable regulations by a resolution of the Chairman.
4- Reaching the retirement age or being retired by an Amiri Decree before the
legal age based on the proposal of the Council and the recommendation
of the Chairman. In all cases, the judge sent to retirement shall be entitled
to a pension regardless of the duration of his service.
5- Proof of their incapacity to perform their duties and functions for health
reasons. Incapacity shall be proved by a decision of the competent
medical authority.
6- Disciplinary dismissal based on the reasons and in accordance with the
procedures set forth in this Law.
7- Assigning non-judicial functions thereto by a recommendation of the
Council, or their transfer to a non-judicial position based on the judgment
of the Disciplinary Council. The Chairman shall issue the resolution in
both cases.

Article 27 — 1- If the judge violates any of the obligations imposed thereupon or fails to ¶

perform due diligence in his work, the Council may, sua sponte or at the
request of the Director of the Judicial Inspection Division, send a warning
thereto after the conduct of the required investigation. This warning
shall be kept in his secret file. The Attorney General shall have the same
competence with respect to the public prosecution members within the
frame of the same controls.
2- The warning procedure in both cases may not be appealed in any way.

-- 9 of 30 --

9
Article (27 bis 1)
1- With consideration to the provision of Article (27) of this Law, the
accountability of judges shall take place before the Circuit known as the
“Judge Affairs Circuit” to be formed by the Head of the Court of Cassation
or whomever is acting on his behalf of five judges of this Court who are
not members of the Council.
2- The accountability claim shall be filed by the Attorney General or whomever
is acting on his behalf, at the request of the Council, based on a petition
containing the violation attributed to the judge as well as the appointed
evidence. The request for filing the lawsuit shall be preceded by an
investigation conducted by one of the judges of the Court of Cassation,
delegated by the Council for this purpose.
3- The Judge Affairs Circuit may conduct any investigation it deems
necessary and may delegate any of its members to do so. If it finds that
the accountability procedures are necessary, it will summon the judge to
appear before it within one week. The judge shall appear in person, may
present his defence in writing, and may have recourse to any member
of the judiciary or public prosecution or lawyers to defend him. If he
fails to appear, or does not appoint any of the aforementioned legal
representatives, a judgment may be issued in absentia after verifying the
validity of the notice served thereto.
4- The accountability hearings shall be confidential and the Public Prosecution
shall be represented therein by whomever holds at least the position of
Solicitor General. A judgment shall be issued after hearing the Public
prosecution’s requests and the Judge’s defence. The judgment issued in
the presence of the judge shall be considered as final and unappealable.

-- 10 of 30 --

10
5- The accountability claim shall be terminated by the resignation of the
Judge, however, such termination shall not affect the criminal or civil
lawsuit resulting from the same incident subject to accountability.
Article (27 bis 4)
The disciplinary penalties that may be imposed on judges are the following:
1- Warning.
2- Censure.
3- Deprivation of the periodic allowance for two consecutive years.
4- Deprivation of the next promotion.
5- Transfer to a non-judicial position.
6- Termination of service.

Article 30 — 1- The Department shall have a Division under the name of “Judicial ¶

Inspection Division” that reports to the Chairman. It shall be formed of
a Director at the grade of Judge of the Court of Cassation and a number
of judges and public prosecution members to work as inspectors therein.
Their delegation shall be issued by a resolution of the Chairman based on
the proposal of the Council.
Judicial inspectors having a previous experience of a minimum of twenty
years in judicial work, three of which shall be in the judicial inspection
field, may be appointed by a resolution of the Chairman of the Department
without prejudice to the provisions prescribed for Judges’ accountability
in accordance with the provisions of this Law.
2- A regulation of the technical work shall be issued by a resolution of the

-- 11 of 30 --

11
Chairman based on the proposal of the Council, and shall determine the
rules of delegation to the Division, the elements of inspection of the work
of judges and public prosecution members, and the adequacy required
for promotion.

Article 31 — The Division shall have the following competencies: ¶

1. Conduct periodical inspection of the work of judges up to the grade of
Chief Appellate Judge as well as public prosecution members up to the
grade of Solicitor General.
2. Conduct sudden inspection of the work of judges and public prosecution
members, to verify and evaluate the work progress and regularity.
3. Follow up the work progress at all the courts of all degrees to verify the
speed of deciding upon lawsuits and appeals, whether appeal is lodged by
ordinary or extraordinary means, and the way of conducting investigation
by the Public Prosecution without any unjustified delay.
4. Examine and investigate the complaints related to the work of judges
and public prosecution members, or any other disciplinary matters, take
the necessary procedures and resolutions, and submit quarterly reports
thereon to the Chairman and Council.
In case the inspection process detects any shortage, the Division shall raise
the matter to the Chairman and the Council, the Council may sua sponte or
at the request of the Chairman, decide to conduct another inspection or
take any procedures for the accountability of judges or public prosecution
members, where necessary, in accordance with the applicable legislations.

-- 12 of 30 --

12
Article 2
New Articles shall be added to the aforementioned Law No. (23) of 2006
under the numbers (10 bis 1), (10 bis 2), (10 bis 3), (31) bis, to read as
follows:
Article (10 bis 1)
• The Court of Cassation shall have a General Assembly consisting of all the
judges of said Court under the chairmanship of the Head of the Court or
the most senior judge of the Court who shall act on his behalf. This General
Assembly shall have the competence to examine the formation of circuits,
distribute the work between them, and determine the number and schedule
of sessions as well as other things related to the internal regulation and
matters of the Court and other competencies stipulated by law.
• The General Assembly may delegate some of its competencies to the
Head of the Court.
Article (10 bis 2)
• The General Assembly shall be convened at the invitation of the Head of
the Court or the most senior judge of the Court who represents him, at the
beginning of each judicial year or whenever needed.
• The Public prosecution shall be invited to attend the General Assembly
meeting, the representative thereof may express an opinion on the matters
related to the Public Prosecution work.
• The General Assembly meeting shall only be deemed valid if attended
by at least the majority of the judges thereof, provided that the Head of
the Court or the most senior judge of the Court who represents him is

-- 13 of 30 --

13
among them. It shall issue its resolutions by the absolute majority of the
attendees. In case of a tie, the side which includes the Chairman of the
meeting shall have the casting vote. The General Assembly’s meeting shall
be evidenced in a special register.
Article (10 bis 3)
• The General Assembly of the Court of Cassation shall form two Panels
at the Court presided by the Head of the Court or the most senior Judge
thereof and composed of 9 judges including the Head of the Court. One
Panel shall have jurisdiction over penal matters and the other’s jurisdiction
shall be over civil, commercial, personal status matters and others.
• If any circuit at the Court of Cassation decides, in the course of examining
a lawsuit or an appeal in cassation, to overturn a legal principal upheld in
previous judgments issued thereby or that contradicting principles were
issued by the Court, it shall refer the matter to the Head of the Court to
present the appeal in cassation before the Panel that has jurisdiction to
decide thereupon. In the case of overturning a legal principal, the Panel
shall issue its judgment with the majority of at least 6 members. The
Head of the Court may, if he deems it convenient, present the appeal in
cassation before both Panels jointly, and the judgment of overturning may
not be passed unless by a majority of 13 members.
Article (31) bis
The Government Cases Division at the Judicial Department shall represent
the governmental departments and entities and public institutions affiliated
to the Emirate, in the submission of applications, statements of claims,
appeals, in presenting defences, and in any acts required for the filing of

-- 14 of 30 --

14
lawsuits and appeals before all courts of all instances, inside or outside
the State, as well as before the arbitration tribunals inside or outside the
State or any other entity granted a judicial jurisdiction by law, whether such
governmental departments and entities and public institutions were Plaintiffs
or Defendants.
Article (3)
Table (B) determining the categories and functions of the members of Fatwa
and Government Cases Divisions attached to Law No. (3) of 2011 amending
some provisions of the aforementioned Law No. (23) of 2006 shall be
replaced by the following Table:
Table (B)
Determining the categories and functions of the members of Fatwa and
Government Cases
Category Function
First Director of the Government Cases Division
Second Senior Advisors at Fatwa and Government Cases
Third Heads of Sections and Advisors at Fatwa and Government
Cases
Fourth Assistant Advisors at Fatwa and Government Cases
Fifth Researchers at Fatwa and Senior Lawyers at the Government
Cases
Sixth Assistant Researchers at Fatwa and Lawyers at the Government
Cases
Article (4)

-- 15 of 30 --

15
Issued by us in Abu Dhabi
On: 14 March 2018
Corresponding to: 26 Jumada Al Akher 1439 H
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi
This Law shall be published in the Official Gazette and shall be effective from
the date of its publication.

-- 16 of 30 --

-- 17 of 30 --

17
Crown Prince Chairman
of the Executive Council
Resolutions
Crown Prince Chairman of the Executive
Council Resolutions

-- 18 of 30 --

-- 19 of 30 --

19