Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority

Article 1 ¶

Judges are independent, and, in performing their duties, they shall be subject to no authority other ...

Article 2 ¶

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

Article 3 ¶

The Federal Judicial Authority shall consist of the Federal Courts and the Federal Public Prosecution ...

Article 4 ¶

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

Chapter Two: Federal Judicial Council

Article 5 ¶

The Federal Judicial Council shall be chaired by the Minister of Justice and the membership of each of:
1. The President of the Federal Supreme Court (As a Deputy-Chairman); 2. The Attorney General of the Federal ... [additional members listed]

Article 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 ...

Article 7 ¶

1. The Council shall have a General Secretariat headed by a Secretary-General who is delegated by ...

Article 8 ¶

1. The Council shall hold its meetings in the capital of the Federation at the place specified by ...

Article 10 ¶

The Council may invite whomever it deems necessary to clarify a specific issue in the topics presented ...

Article 11 ¶

From among its members, the Council may form one or more Committees to which it delegates some of its ...

Part Two: Federal Courts

Article 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 ...

Article 13 ¶

The Federal Courts are competent to adjudicate all disputes and crimes that fall within their jurisdiction ...

Article 14 ¶

The Federal Supreme Court shall be regulated by a law specifying the number of its Circuits, system ...

Chapter One: Federal Courts of First Instance & Federal Courts of Appeal

Article 15 ¶

1. The Federal Court of First Instance shall consist of a President and a sufficient number of Judges ...

Article 16 ¶

1. The headquarters of the Federal Courts of Appeal shall be in the capitals of the emirates or the ...

Article 17 ¶

The litigants may challenge the judgments rendered by the Federal Courts of Appeal before the Federal ...

Chapter Two: General Assemblies of Courts and Interim Committees

Article 18 ¶

Each Federal Court of First Instance or Federal Court of Appeal shall have a General Assembly. It shall:
1. Formation of Circles. 2. Distribution of cases among Circles. 3. Determining the number and dates of ...

Article 19 ¶

The General Assembly of the Court shall be composed of all its members. The General Assembly shall be ...

Article 20 ¶

1. Resolutions of the General Assembly are issued by a majority vote of the members present. In the ...

Article 21 ¶

The General Assembly in each Court shall form a Committee called the "Interim Affairs Committee" headed ...

Article 22 ¶

The resolutions of both the General Assemblies and the Interim Affairs Committee shall be notified to ...

Chapter Three: Rules of Hearings and Judgments in Courts

Article 23 ¶

Litigation is a protected right guaranteed to everyone. Everyone has the right to be treated fairly ...

Article 25 ¶

The language of the Courts is Arabic. The Court shall hear the statements of the litigants or witnesses ...

Article 26 ¶

1. Court hearings are public unless the law stipulates, or the Court decides, on its own initiative ...

Article 29 ¶

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

Part Three: Federal Public Prosecution

Article 30 ¶

1. The Federal Public Prosecution is indivisible as an investigative or indictment authority. Any of ...

Article 31 ¶

1. The Federal Public Prosecution is headed by an Attorney General to be appointed by a Federal Decree ...

Article 32 ¶

1. The Attorney General shall be assisted by one Assistant Attorney General and a sufficient number ...

Article 33 ¶

The Circle of each Federal Court of First Instance and Federal Court of Appeal shall have an Advocate ...

Article 34 ¶

1. Members of the Public Prosecution shall report to their superiors in the order of their ranks and ...

Article 35 ¶

1. The Federal Attorney General shall have jurisdiction over crimes that affect the interests of the ...

Article 36 ¶

By a decision of the Council, based on the proposal of the Federal Attorney General and the approval ...

Article 37 ¶

The intervention of the Public Prosecution is obligatory in cases, requests and appeals filed before ...

Part Four: Members of Judiciary
Chapter One: Appointment, Promotion and Seniority of Members of Judiciary

Article 38 ¶

Whoever assumes Judiciary in the Federal Courts, or is appointed in the Public Prosecution, shall meet:
1. Have full legal capacity; 2. Be a national of the United Arab Emirates State; 3. Be at least (28) twenty-eight ... [additional conditions listed]

Article 39 ¶

Subject to the provision of Article (38) of this Decree-Law, Judiciary jobs in the Federal Courts and ...
1. Twenty years (20) with regards to assuming the positions of Presidents in the Courts of Appeal and ...

Article 40 ¶

1. As an exception to the provisions of Clause (2) of Article (38) of this Decree-Law, among the nationals ...

Article 41 ¶

With regards to the citizens of the State, the Council is not required to adhere to the age requirement ...

Article 42 ¶

The Members of Judiciary (Judges and Members of the Public Prosecution) shall be appointed by a Federal ...

Article 43 ¶

Members of Judiciary who have left work in Judiciary or the Public Prosecution may be re-appointed in ...

Article 44 ¶

1. Promotion to higher positions in Judiciary and Public Prosecution shall be from the immediate lower ...

Article 45 ¶

The promoted Member of Judiciary shall be granted the least salary of the position to which they were ...

Article 46 ¶

Subject to Article (44) of this Decree-Law, a Member of Judiciary who has completed the prescribed term ...

Article 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 ...

Article 48 ¶

1. The seniority of Members of Judiciary shall count from the date of the Decree issued for their appointment ...

Article 49 ¶

The Council shall issue a resolution that includes determination of the types of leaves the Members of ...

Chapter Two: Transfer, Assignment and Secondment of Members of Judiciary

Article 50 ¶

1. Members of Judiciary may not be transferred so as to assume a job other than practising justice in ...

Article 51 ¶

A Judge may not remain in a single Court Circle, and a Member of the Public Prosecution may not remain ...

Article 52 ¶

1. The transfer of the Presidents of the Federal Courts of Appeal, their Deputies, the Presidents of ...

Article 53 ¶

Unless necessary, promotions shall take place once a year, before the start of the financial year ...

Article 54 ¶

Members of Judiciary may not be delegated outside Courts and Public Prosecution Offices except to carry ...

Article 55 ¶

1. In case of necessity, the President of the Court of Appeal or President of the Court of First Instance ...

Article 56 ¶

1. In the absence of the President of the Court or if their position becomes vacant, their duties shall ...

Article 57 ¶

1. Members of Judiciary may be seconded and delegated, in part or in whole, to carry out legal work ...

Chapter Three: Salaries and Pensions of Members of Judiciary

Article 58 ¶

1. The President of the Federal Supreme Court and the Federal Attorney General shall have the grade ...

Article 59 ¶

No Member of Judiciary may receive a salary in a personal capacity or be treated in any favourable way ...

Article 60 ¶

In the event that a Member of Judiciary submits a request for retirement, the Council may decide to ...

Article 61 ¶

The pensions of Members of Judiciary shall be in accordance with the Federal Laws and regulations regarding ...

Chapter Four: Immunity of Members of Judiciary and Reasons for the Termination of their Tenure

Article 62 ¶

The tenure of the Members of Judiciary shall terminate only for one of the following reasons:
1. Their death; 2. Their resignation; 3. The expiry of the term of: (i) contracts made with contracting ...

Article 63 ¶

1. The legal age of retirement for the Members of Judiciary is when they reach the age of (65) sixty-five ...

Article 64 ¶

In the event of the termination of the tenure of a Member of Judiciary due to death, the Council may ...

Article 65 ¶

The resignation of a Member of Judiciary is considered acceptable after the lapse of one month from ...

Chapter Five: Duties of Members of Judiciary

Article 66 ¶

1. Before assuming their duties, Judges shall take the following oath: 2. Before assuming their duties ...
"I swear by Almighty God to rule justly, to perform the duties of my office honestly and without fear ..."
"I swear by Almighty God to stick to integrity and honesty in performing my work, to observe justice ..."

Article 67 ¶

1. Members of Judiciary, inside and outside their workplaces, shall maintain honour and dignity, and ...

Article 68 ¶

A Member of Judiciary may not conduct business either in person or through an intermediary, at the date ...

Article 69 ¶

Members of Judiciary may not engage in political or sports work or express their opinion on political ...

Article 70 ¶

1. A Member of Judiciary may not disclose deliberations. 2. A Member of Judiciary may not express their ...

Article 71 ¶

1. Judges who are related to each other by blood or marriage to the fourth degree may not sit within ...

Article 72 ¶

A Member of Judiciary may not, without the approval of the Council, be an arbitrator on behalf of private ...

Article 73 ¶

1. A Member of Judiciary may not consider any case in which they have a direct or indirect personal ...

Article 74 ¶

Members of Judiciary shall abide by the Code of Judicial Conduct and the principles, obligations, and ...

Chapter Six: Accountability of Members of Judiciary

Article 75 ¶

1. The Council, on its own initiative or upon a request from the Head of the Judicial Inspection Circuit ...

Article 76 ¶

1. Disciplining Members of Judiciary is the responsibility of the Disciplinary Board. 2. The formation ...

Article 77 ¶

1. The disciplinary action shall be filed before the Disciplinary Board by the Head of the Judicial ...

Article 78 ¶

The Disciplinary Board may conduct whatever investigations it deems necessary, and may delegate one of ...

Article 79 ¶

1. If the Disciplinary Board finds a reason to proceed with the trial procedures for all or some of ...

Article 80 ¶

The disciplinary action lapses with the resignation of the accused Member of Judiciary. Nonetheless ...

Article 81 ¶

1. The hearings of the disciplinary trials shall be in camera, and the Public Prosecution shall be represented ...

Article 82 ¶

The judgment delivered in the disciplinary case shall include the reasons on which it is based, and ...

Article 83 ¶

The disciplinary penalties that may be imposed on offending Members of Judiciary are as follows:
1. Reprimand 2. Deprivation of the periodic increment 3. One-time promotion pass-over 4. Transfer to another ...

Article 84 ¶

1. The Disciplinary Board shall notify the Council and the offending Member of Judiciary of the content ...

Article 85 ¶

1. A Federal Decree shall be issued to implement the dismissal judgment. Such dismissal judgment shall ...

Article 86 ¶

1. In cases other than flagrante delicto, a Member of Judiciary may not be arrested, remanded in custody ...

Article 87 ¶

1. Imprisonment of a Member of Judiciary based on an order or judgment entails suspending them from ...

Part Five: Judicial Inspection

Article 88 ¶

1. The Judicial Inspection Circuit reports to the Council. It shall be composed of a President, directors ...

Article 89 ¶

1. The Judicial Inspection Circuit is responsible for inspecting the work of the Presidents of the Federal ...

Article 90 ¶

The work of Members of Judiciary stipulated in Article (90) of this Decree-Law shall be inspected periodically ...

Article 91 ¶

1. The concerned Member of Judiciary may file a grievance against the inspection report within (15) ...

Article 92 ¶

1. To be promoted, a Member of Judiciary is required to have a grade of at least "Very Good". 2. In ...

Article 93 ¶

1. The Judicial Inspection Circuit shall prepare a draft of the judicial movement (i.e. rotation of ...

Article 94 ¶

1. The Federal Supreme Court shall have the exclusive jurisdiction to adjudicate requests submitted ...

Part Six: Judicial Assistants

Article 95 ¶

1. Every Court and Public Prosecution Office shall have a sufficient number of process servers, secretaries ...

Article 96 ¶

The Ministry of Justice shall assume all matters related to the appointment, promotion, and allowances ...

Article 97 ¶

Administrative assistants and employees shall take an oath before one of the Court Circuits in which ...

Article 98 ¶

1. Disciplining Judges' assistants and Court and Public Prosecution Offices officials shall be before ...

Article 99 ¶

The Judges' assistants, Courts and Public Prosecution Offices employees may not engage in work that ...

Article 100 ¶

The Council shall issue the organizational structures of the Federal Courts and the Public Prosecution ...

Part Seven: Final Provisions

Article 101 ¶

The Minister of Justice shall have general supervision over the services related to the management of ...

Article 102 ¶

The application of grade and salary scales for Members of Judiciary in force at the time of the issuance ...

Article 103 ¶

Except as provided for herein, Members of Judiciary shall be subject to the provisions of legislation ...

Article 104 ¶

Counselors and members of the Department of Legislation and State Issues at the Ministry of Justice ...

Article 105 ¶

1. The Council shall issue the decisions necessary to implement the provisions hereof. 2. The decisions ...

Article 106 — The following laws are hereby repealed: ¶

1. Federal Law No. (3) of 1983 regarding Judicial Authority. 2. Federal Law No. (3) of 1996 regarding ...

Article 107 ¶

This Decree by Law shall be published in the Official Gazette and it shall be effective as of January ...