Law No. (13) of 2016
Concerning the
Judicial Authorities in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
The Constitution of the United Arab Emirates;
Federal Law No. (11) of 1992 Issuing the Civil
Procedures Code and its amendments;
Federal Law No. (35) of 1992 Issuing the Criminal Procedures
Code and its amendments;
Federal Law No. (7) of 1999 Issuing the Pension
and Social Security Law and its amendments;
Law No. (2) of 1992 Concerning Judicial Inspection
and its amendments;
Law No. (3) of 1992 Establishing the Dubai Courts
and its amendments;
Law No. (6) of 1992 Establishing the Judicial
Council and its amendments;
Law No. (8) of 1992 Establishing the Public
Prosecution and its amendments;
Law No. (27) of 2006 Concerning Management of the
Government of Dubai Human Resources and its amendments;
Law No. (27) of 2009 Concerning the Dubai Judicial
Institute and its amendments;
Law No. (10) of 2009 Concerning Salaries and
Benefits of Members of the Judicial Authorities in the Emirate of Dubai; and
Decree No. (26) of 2013 Concerning the Rental
Disputes Settlement Centre in the Emirate of Dubai,
Do hereby issue this Law.
This Law will be cited as “Law No. (13) of 2016 Concerning the Judicial Authorities
in the Emirate of Dubai”.
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. |
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.
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.
Judges will act independently in performing their duties and will be
answerable only to law. The independence of the judiciary may not be
prejudiced.
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.
The right to defense is
guaranteed to litigants in all stages of investigation and trial.
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.
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.
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.
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.
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.
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.
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.
The provisions of this Law will apply to the Dubai Courts established
pursuant to the above-mentioned Law No. (3) of 1992.
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.
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. Each Court will have jurisdiction over the
matters referred to it in accordance with the law.
c. The law will
prescribe the rules governing the jurisdiction of the Courts, and the
procedures to be followed therein.
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.
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.
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.
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.
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.
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).
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.
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.
The provisions of this Law will apply to the Public Prosecution
established pursuant to the above-mentioned Law No. (8) of 1992.
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.
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.
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.
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.
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.
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.
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:
|
Grade |
Court Posts |
Public Prosecution Posts |
JID Posts |
|
Senior Grade |
Head of the Court of Cassation |
Attorney General |
|
|
1 |
Senior Cassation Judge |
Assistant Attorney General |
|
|
Senior Advocate General |
|||
|
2 |
Cassation Judge |
Advocate General |
Senior Judicial Inspector |
|
Head of the Court of Appeal |
|||
|
3 |
Senior Appellate Judge |
Senior Chief Prosecutor |
Judicial Inspector |
|
Head of the Courts of First Instance |
|||
|
4 |
Appellate Judge |
Chief Prosecutor |
|
|
5 |
Senior First Instance Judge |
Assistant Chief Prosecutor |
|
|
6 |
First Instance Judge |
Senior Public Prosecutor |
|
|
7 |
First Instance Judge |
Public Prosecutor |
|
|
8 |
|
Assistant Public Prosecutor |
|
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.
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.
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:
1.
twenty (20) years, for appointment as a Senior
Cassation Judge or a Cassation Judge at the Court of Cassation; or as a Senior
Advocate General or an Advocate General at the Public Prosecution;
2.
fourteen (14) years, for appointment as a Senior
Appellate Judge or an Appellate Judge at the Court of Appeal; or as a Senior
Chief Prosecutor or a Chief Prosecutor at the Public Prosecution;
3.
twelve (12) years, for appointment as a Senior
First Instance Judge at the Courts of First Instance; or as an Assistant Chief
Prosecutor at the Public Prosecution;
4.
eight (8) years, for appointment as a First
Instance Judge on grade 6 at the Courts of First Instance; or as a Senior
Public Prosecutor at the Public Prosecution;
5.
six (6) years, for appointment as a First Instance
Judge on grade 7 at the Courts of First Instance; or as a Public Prosecutor at
the Public Prosecution; or
6.
four (4) years, for appointment as an Assistant
Public Prosecutor at the Public Prosecution.
b.
Notwithstanding
the provisions of paragraph (a) of this Article, the Judicial Council may
exempt any person from the requirement to work for the periods stipulated in
this Article.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
non-legal 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.
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.
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.
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.
A Member of a Judicial Authority must perform his employment duties and uphold the integrity of his profession, and must not act in a manner that
would discredit this profession. He must conduct himself in an ethical
and respectful manner and preserve his dignity and reputation. In particular,
he must:
1.
perform
his duties honestly and diligently, and be committed to justice, integrity, and
equal
treatment of litigants;
2.
not
use his authority or powers to bring benefit, or prevent harm, to himself or
any member of his family;
3.
not
accept, or allow any member of his family to accept, any gift from litigants or
their relatives or representatives;
4.
not
purchase, whether in his name or the name of any of his family members or under
any assumed name, the object of the right disputed before the Courts;
5.
not
disclose, except in the cases prescribed by law, any confidential information
to which he has gained access by reason of or in the course of performing his
employment duties, even after the end of his service;
6.
not
consider any dispute in which he,
or any of his relatives up to the fourth degree, has an interest; which he has previously
considered; or in respect of which he has provided opinion, pleaded, or acted
as an attorney for any party.
7.
wear
official uniform where applicable or wear an appropriate attire, while on duty;
8.
not
become a member of the board of directors of any public-benefit association or
establishment except with the approval of the Judicial Council;
9.
not
conduct business, become a member of the board of directors of any company or
private establishment, or engage in any other profession or work which would reflect
adversely on the independence
and dignity of the judiciary, whether with or without consideration;
10. not engage in any political activity, provide
opinion on political matters, or stand for general elections, throughout his
period of service;
11. not engage in sports professions, become a member
of sports juries, or stand for elections for any sports position, throughout
his period of service;
12. not provide any entity whatsoever with opinion on
the disputes referred to him;
13. not be absent from work or fail to report to work
without notifying his line manager;
14. not act as an arbitrator, with or without
consideration, in any dispute, whether pending determination by the judiciary or not, without obtaining the
approval of the Judicial Council; and
15. comply with the resolutions issued by the Judicial
Council in respect of performing the obligations and observing the professional
ethics of Members of the Judicial Authorities.
a.
A
Member of a Judicial Authority will be accountable to the Judicial
Accountability Board formed by the Judicial Council. Unless otherwise determined by
the Judicial Council, the Judicial Accountability Board will be comprised of three
(3) Judges from the Court of Cassation and will be chaired by the most senior
Judge among them.
b.
The
Judicial Accountability Board will issue its resolutions by majority vote.
Judicial accountability proceedings may be instituted against a Member
of a Judicial Authority only with the permission of the Judicial Council and after
conducting an initial investigation into the incident subject of the
accountability proceedings by a member of the JID assigned by the Judicial
Council for this purpose. Where practicable, the member conducting the
investigation must be higher in seniority or grade than the investigated Member
of the Judicial Authority.
a.
Judicial
accountability proceedings against a Member of a Judicial Authority will be
instituted by the Attorney General or his authorised representative by
submitting to the Judicial Accountability Board a statement describing the
violation attributed to the Member of the Judicial Authority, together with supporting evidence. The Judicial Accountability Board will then issue a decision to serve the statement and evidence on the Member of the Judicial Authority and
summon him to appear before the board.
b.
The
Judicial Accountability Board will commence the accountability proceedings
within a period not exceeding fifteen (15) days from the date of receiving the
statement.
c.
The
Judicial Accountability Board may investigate a Member of a Judicial Authority
referred to it as it deems necessary. The Judicial Accountability Board may
assign any of its members to conduct the investigation. The Judicial Accountability Board
or its assigned member will have the same powers vested in the Courts in this
respect.
d.
The
Judicial Accountability Board will summon the Member of the Judicial Authority.
The period between issuing the summons and the date of considering the case
must not be less than seven (7) days. The summons must contain sufficient
information on the subject matter of the proceedings and supporting evidence.
e.
The
Judicial Accountability Board may order the suspension of the duties of the
Member of the Judicial Authority or place him on compulsory leave until
conclusion of the proceedings.
f.
The
Judicial Council may suspend the payment of up to one half of the salary and allowances of the Member of the
Judicial Authority. It may, at any time whether of its own accord or upon request of the Member of
the Judicial Authority, reconsider the decision suspending his duties, placing
him on compulsory leave, or suspending the payment of his salary.
g.
Where
the investigation fails to prove that the Member of the Judicial Authority has
committed the violation, or where the Judicial Accountability Board closes the
investigation, the suspended salary and allowance payments will be released.
h.
The
acquittal of a Member of a Judicial Authority of a crime attributed to him and
related to the subject matter of the judicial accountability proceedings will
not preclude taking the necessary disciplinary action and imposing the
appropriate disciplinary penalty against him where it is proven that he has
committed a violation.
a.
Judicial
accountability hearings will be held in camera.
b.
The
Attorney General or his authorised Member of the Public Prosecution, whose
grade is not lower than Advocate General, will attend the judicial
accountability proceedings. The concerned Member of the Judicial Authority may appear
in person before the Judicial Accountability Board or appoint a Member of a
Judicial Authority to defend him, and may present his defence in writing. Where
both the Member of the Judicial Authority and his authorised representative
fail to appear, a judgement may
be rendered in absentia upon verifying that a notification has been duly served
on him.
c.
A
judgement rendered by the
Judicial Accountability Board in presence of the concerned Member of the
Judicial Authority will be final and non-appealable.
d.
A
Member of a Judicial Authority may challenge a judgement rendered in absentia
within fifteen (15) days from the day following the date of being notified of
the judgement by the Judicial Accountability Board. The judgement will be challenged
by submitting an application to the Judicial Accountability Board, which will
schedule a hearing to consider the challenge.
e.
A challenge
to a judgement rendered in absentia will result in re-conducting the judicial
accountability proceedings. In any event, the Member of the Judicial Authority
may not be harmed by his challenge.
f.
Where
the challenging Member of the Judicial Authority fails to appear
in the hearing scheduled for considering his challenge, the challenge will be deemed void ab initio.
g.
The
judgement rendered in respect of
the challenge, or the decision declaring the challenge as void ab initio pursuant to paragraph (e) of this Article, will be final and
non-appealable.
h.
The
judgement rendered in the judicial
accountability proceedings must state the reasoning of that judgement, and that reasoning must be recited upon the pronouncement of the judgement in a hearing held
in camera.
i.
The Judicial
Accountability Board will notify the Judicial Council of the final judgement rendered by it in respect of the
judicial accountability proceedings once it is rendered.
a.
The
Judicial Accountability Board may impose on the Member of the Judicial Authority referred to it any of the following disciplinary penalties:
1.
notice;
2.
reprimand;
3.
denial of periodic salary increment for two (2)
years, or denial of the next promotion;
4.
transfer to a non-judicial post, in which case,
the Member of the Judicial Authority will be paid the benefits of the new post;
and/or
5.
removal from his post without prejudice
to the retirement pension or gratuity; or removal from the post and deprivation of a
part, not exceeding one quarter, of the retirement pension or gratuity.
b.
Disciplinary
penalties will be enforceable upon confirmation of the same by the Judicial Council. In all events, the
Judicial Council may amend the disciplinary penalty imposed on a Member of a
Judicial Authority, in which case, the decision of the Judicial Council in this
respect must be reasoned.
c.
Where a decision removing a Member of a Judicial Authority from his post or transferring him to a non-judicial post becomes final, that
decision will be enforced by a decree issued by the Ruler. In either case, the Member of the Judicial Authority will cease to have
jurisdiction as from the date of issuance of the decree.
Judicial accountability proceedings will be ceased upon the acceptance
of the resignation, the retirement, or the death of the concerned Member of the
Judicial Authority. Judicial accountability proceedings will have no effect on
any penal or civil proceedings arising from the incident(s) in respect of which
the judicial accountability proceedings
were instituted.
a.
A
Member of a Judicial Authority may not be arrested, remanded in custody,
subjected to any investigation procedure, or prosecuted through penal
proceedings, without a permission granted by the Ruler based on the request of
the Attorney General.
b.
Notwithstanding
the provisions of paragraph (a) of this Article, where a Member of a Judicial
Authority is caught in the act of committing a crime, he may be arrested or
remanded in custody pursuant to a decision of the Attorney General. In this
case, the Attorney General must present the matter to the Ruler to issue the
appropriate decision within twenty-four (24) hours.
c.
The remand in custody or any
other custodial penalties imposed on a Member of a Judicial Authority will be
executed at a designated
place separated from the places allocated to other detainees.
a.
Imposing
a custodial measure against a Member of a judicial Authority in accordance with
Article (58) of this Law will result in his suspension from work throughout the
period of the custodial measure.
b.
The
Judicial Council may, of
its own accord or upon the request of the Attorney General, suspend a Member of
a Judicial Authority from work during investigations or criminal proceedings.
c.
Suspension
of a Member of a Judicial Authority from work will not result in deprivation of
his salary during the suspension period. Notwithstanding the foregoing, the
Judicial Council may suspend the payment of up to one half of the salary and
allowances of the suspended member. It may at any time, whether of its own accord or upon the request of the Member
of the Judicial Authority, reconsider the decision
suspending him from work or suspending the payment of his salary and allowances.
A trial of a Member of a Judicial Authority for a crime he has committed
will be held in camera.
The decisions imposing disciplinary penalties against a Member of a
Judicial Authority will be lodged in a special confidential file.
a.
The
service of a Member of a Judicial Authority will end if:
1.
he dies;
2.
he resigns;
3.
he reaches the retirement age, unless his service
is extended pursuant to a resolution of the Judicial Council;
4.
he is removed from his post pursuant to a disciplinary
decision in accordance with this Law;
5.
he is retired or transferred to a non-judicial
post in accordance with this Law;
6.
his employment contract expires or is terminated, in case he is a
non-UAE national; or
7.
he becomes medically unfit, as proven by a medical
report issued by the competent medical committee in the Emirate.
b.
The
resignation of a Member of a Judicial Authority will be accepted pursuant to a
resolution of the Judicial Council. Where the period of service of that Member
of the Judicial Authority is not less than fifteen (15) years, the resignation
will be approved pursuant to a decree issued by the Ruler.
c.
The
entitlements of a Member of a Judicial Authority who resigns pursuant to
paragraph (b) of this Article will be settled in accordance with the
legislation in force on the date of accepting the resignation.
d.
The
service of a Member of a Judicial Authority will be terminated in the cases
stated in paragraphs (a)(4), (a)(5), and (a)(7) of this Article pursuant to a
decree of the Ruler.
a.
The
provisions of this Law will apply to the JID established pursuant to the
above-mentioned Law No. (2) of 1992. The JID is hereby affiliated to the
Judicial Council.
b.
The
JID will be comprised of a director and a sufficient number of qualified and
experienced Judicial Inspectors who have practised judicial professions. They will be appointed pursuant to a decree of the
Ruler.
c.
The
Chairman will issue the bylaws and regulations governing the administrative, financial,
and technical work of the JID, including human resources regulations.
d.
The
JID will have an administrative body appointed by the Director of the JID. The
above-mentioned Law No. (27) of 2006 will apply to the administrative body of
the JID until the human resources regulations referred to in paragraph (c) of
this Article are issued.
The JID will:
1.
inspect
the work of Judges of the Court of Appeal and the Courts of First Instance, and
the work of Members of the Public Prosecution of the same grade or lower
grades, in order to assess their competency and ability to perform their employment duties and
prepare the relevant reports that include appropriate proposals and
recommendations.
2.
receive
and investigate complaints, filed by individuals or referred to it by the
Judicial Council, against Members of the Judicial Authorities with respect to
their employment duties and conduct, and submit the necessary recommendations
to the Judicial Council to take the appropriate action in this respect;
3.
propose
training and qualification programmes for Members of the Judicial Authorities;
4.
compile
statistics and data concerning the work of Members of the Judicial Authorities,
and submit these to the Judicial Council;
5.
provide
opinion and advice as requested by the Judicial Council;
6.
prepare
periodic reports on work progress and work flow at the Courts and the Public
Prosecution, and submit these to the Judicial Council; and
7.
perform
any other duties assigned to it by the Chairman.
a.
The
Director of the JID will have the duties and powers to:
1.
prepare the strategic plan of the JID, submit it
to the Judicial Council, and follow up its implementation;
2.
submit periodic reports to the Judicial Council on
work progress and work flow at the Courts and the Public Prosecution;
3.
submit periodic reports to the Judicial Council on
the competency and performance assessment of
Members of the Judicial Authorities;
4.
prepare the draft annual budget of the JID, and
submit the same to the Judicial Council for approval;
5.
supervise Judicial Inspectors and JID employees and ensure proper
performance of their duties;
6.
issue implementing resolutions concerning the work
and human resources of the JID, and regulating its work procedures;
7.
establish the rules and procedures for inspecting
the work of Members of the Judicial Authorities, investigating complaints filed
against them, and assessing their competency; and submit these to the Judicial
Council for approval;
8.
represent the JID before third parties, and
conclude the contracts and agreements required for achieving its objectives and
performing its functions; and
9.
perform any other duties assigned to him by the
Chairman.
b.
Where
the Director of the JID is absent, his post falls vacant, or he becomes unable
to perform his duties for any reason whatsoever, the most senior Judicial
Inspector reporting for duty at the JID will act as the Director of the JID.
Inspection of the work of Members of the Judicial Authorities will be
conducted in coordination with their line managers. Members of the Judicial
Authorities and their line managers must facilitate the performance by JID
Judicial Inspectors of the duties assigned to them by this Law.
a.
The
performance of a Member of a Judicial Authority will be measured on an annual
basis in accordance with the relevant standards approved by the Judicial
Council.
b.
The
performance of a Member of a Judicial Authority will be rated on the following
scale:
1.
Excellent;
2.
Very Good;
3.
Good;
4.
Average; or
5.
Below Average.
a.
The
JID will prepare a report on the findings of the judicial inspection of the
work of each Member of a Judicial Authority. This report will be lodged in a
special confidential file maintained by the JID, and may be accessed
exclusively by the concerned Member of the Judicial Authority, his line manager, the Members
of the Judicial Council, and the Director of the JID.
b.
The
Director of the JID will notify each Member of a Judicial Authority in writing
of his performance assessment rating within fifteen (15) days from lodging the
same in his file.
c.
A
Member of a Judicial Authority may submit to the Judicial Council a grievance
in respect of his performance assessment rating within thirty (30) days
following the date of being notified of the same. The grievance will be filed
by submitting a statement of grievance.
d.
The
Judicial Council will determine the grievance after considering the statement
of grievance, the report of the JID, and any other information or documents
requested by or submitted to the Judicial Council; and after hearing the grievant's
statements where required. The Judicial Council may form a committee of Members
of the Judicial Authorities to consider all grievances submitted to the
Judicial Council and provide it with its recommendations. The decisions of the Judicial Council on these grievances will
be final and may not be appealed before any other entity.
a.
The
Director of the JID will refer to the Judicial Council, for consideration, the case of any Member of a Judicial Authority
who receives two (2) consecutive final annual “Below Average” performance assessment
ratings. The Judicial Council may accordingly take any action it deems appropriate against the
Member of the Judicial Authority, including retiring him, terminating his
contract, or transferring him to a non-judicial post. The decision of the
Judicial Council in this respect will be final and may not be appealed before
any other entity.
b.
The Judicial
Council will notify the Member of the
Judicial Authority of the
decision referred to in paragraph (a) of this Article once it is issued.
c.
Where
the Judicial Council decides to transfer the Member of the Judicial Authority to a non-judicial post in
accordance with this Article, he will be paid only the benefits of the post to
which he is transferred.
In implementing the provisions of this Law and the resolutions issued in
pursuance hereof, all existing rights of Members of the Judicial Authority will
not be prejudiced.
The entities constituting the Judicial Authorities will have supporting
administrative and technical bodies. These supporting bodies will be formed and
regulated, and their functions determined, in accordance with the legislation
and conditions applicable to the relevant entities.
Where this Law, the resolutions issued in pursuance hereof, and other
legislation governing the work of Members of the Judicial Authorities in the
Emirate are silent, the provisions of the above-mentioned Law No. (27) of 2006,
or any superseding legislation, will apply to the Members of the Judicial
Authorities.
Except for the resolutions and instructions that the Ruler has exclusive
authority to issue under this Law or any other legislation, the Judicial
Council will issue the resolutions and instructions required for the
implementation of the provisions of this Law.
a.
This
Law supersedes the following legislation:
1.
Law No. (2) of 1992 Concerning Judicial Inspection
and its amendments;
2.
Law No. (3) of 1992 Establishing the Dubai Courts
and its amendments;
3.
Law No. (6) of 1992 Establishing the Judicial
Council and its amendments; and
4.
Law No. (8) of 1992 Establishing the Public
Prosecution and its amendments.
b.
Any
provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Law.
c.
The
legislation issued in implementation of the laws stated in paragraph (a) of
this Article will remain in force until new legislation is issued to implement
this Law.
d.
Law
No. (10) of 2009 Concerning Salaries and Benefits of Members of the Judicial
Authorities in the Emirate of Dubai and the bylaws issued in pursuance thereof
will remain in force until the resolution mentioned in Article (34) of this Law
is issued.
This Law will be published in the Official Gazette and will come into
force on the day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 1 November 2016
Corresponding
to 1 Safar 1438 A.H.
©2018
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an accurate
and complete English version of this legislation. However, for the purpose of
its interpretation and application, reference must be made to the original
Arabic text. In case of conflict, the Arabic text will prevail.