Judicial
Council Resolution No. (15) of 2022
Approving
the
Regulatory
Bylaw of the Judicial Inspection Department in the Emirate of Dubai[1]
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We,
Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Chairman of
the Judicial Council,
After perusal of:
Law
No. (10) of 2009 Concerning Salaries and Benefits of Members of the Judicial
Authorities in the Emirate of Dubai;
Law
No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai
and its amendments;
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources; and
Resolution
No. (14) of 2021 Approving the Functions of the General Secretariat and the
Secretary General of the Judicial Council of the Emirate of Dubai,
Do
hereby issue this Resolution.
Pursuant
to this Resolution, the attached Regulatory Bylaw of the Judicial Inspection
Department in the Emirate of Dubai, inclusive of the rules and procedures
stipulated therein, is approved.
Any
provision in any other resolution is hereby repealed to the extent that it
contradicts the provisions of the attached Bylaw.
This
Resolution comes into force on 1 January 2023, and will be published in the
Official Gazette.
Maktoum bin Mohammed bin Rashid Al
Maktoum
Deputy Ruler of Dubai
Chairman of
the Judicial Council
Issued
in Dubai on 17 October 2022
Corresponding to 21 Rabi al-Awwal 1444 A.H.
Regulatory
Bylaw of the
Judicial
Inspection Department in the Emirate of Dubai
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Section
One
Preliminary
Provisions
This
Bylaw will be cited as “Regulatory Bylaw of the Judicial Inspection Department
in the Emirate of Dubai”.
The
following words and expressions, wherever mentioned in this Bylaw, will have
the meaning indicated opposite each of them unless the context implies
otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Law: |
Law No. (13) of 2016 Concerning the Judicial
Authorities in the Emirate of Dubai. |
|
Judicial Council: |
The Judicial Council of the Emirate. |
|
Chairman: |
The chairman of the Judicial Council. |
|
Courts: |
The Dubai Courts, including the Court of Cassation,
the Court of Appeal, the Courts of First Instance, and any other court to be
established therein. |
|
Public Prosecution: |
The public prosecution of the Emirate. |
|
JID: |
The Judicial Inspection Department. |
|
Judicial Authorities: |
The Courts, the Public Prosecution, and the JID. |
|
Judge: |
The chief justice of a Court, or a Court judge. |
|
Member of the Public Prosecution: |
The Attorney General of the Emirate; an advocate
general; a chief public prosecutor, or a public prosecutor of any grade. |
|
Judicial Inspector: |
This includes the Director of the JID and any member
of the judicial inspection staff of the JID of any grade. |
|
Member of a Judicial Authority: |
A Judge, a Member of the Public Prosecution, or a
Judicial Inspector. |
|
General Secretariat: |
The general secretariat of the Judicial Council. |
|
Inspection Report: |
The report prepared by the JID on the performance
and conduct a Member of a Judicial Authority. |
|
Periodic Inspection: |
An annual inspection conducted by the JID of the
work of the Members of Judicial Authorities who fall under its purview in
accordance with the provisions of this Bylaw, with a view to evaluating their
professional performance and assessing their technical expertise for the year
preceding the inspection. |
|
Average Competence Appraisal: |
The average rating obtained by a Member of a
Judicial Authority in the Periodic Inspection Reports for the number of years
required for promotion. The number of years will be determined pursuant to
the resolutions regulating the promotion of Members of Judicial Authorities. |
|
Inspection for Promotion Purposes: |
The inspection conducted by the JID of the work of a
Member of a Judicial Authority who obtains a rating of lower than “Very Good”
in the Average Competence Appraisal for the year following his being
considered for promotion. |
|
Inspection for Validating Complaints: |
The inspection conducted by the JID for a Member of
a Judicial Authority with a view to assessing the validity of the complaint
filed against him in respect of his conduct or performance. |
|
Ad-hoc Inspection: |
The inspection conducted by the JID for a Member of
a Judicial Authority upon assignment by the Chairman or the Judicial Council. |
|
Gross Technical Error: |
An error committed by a Member of a Judicial
Authority in respect of the basic principles and rules of the judicial
profession that no Member of the Judicial Authority, regardless of his grade,
must be unaware of, neglect, or omit. |
|
UAE National: |
Any person who holds the nationality of the United
Arab Emirates. |
This
Bylaw aims to achieve the following objectives:
1.
to regulate the work of the JID;
2.
to maintain the effectiveness of the
Judicial Authority, so that it can fulfil its mission of establishing justice
and protecting rights in the community;
3.
to render Members of the Judicial
Authorities cognisant of areas requiring improvement in their performance;
4.
to enhance the technical,
behavioural, ethical, and professional competency of Members of Judicial
Authorities as a foundation for advancement towards superior performance;
5.
to ensure protection of the rights
of disputants and any affected party in respect of the errors committed by
Members of the Judicial Authorities;
6.
to ensure impartiality and
objectivity of the reports issued against Members of Judicial Authorities; and
7.
to steer Members of Judicial
Authorities clear of any conduct that constitutes a violation of their duties,
mission, and profession by committing an act or omission that undermines their
profession or mission.
Types
of Judicial Inspection are as follows:
1.
Periodic Inspection;
2.
Inspection for Promotion Purposes;
3.
Inspection for Purposes of
Validating Complaints; and
4.
Ad-hoc Inspection.
Members
of Judicial Authorities and their immediate supervisors, and other employees
working at the Courts or the Public Prosecution must enable Judicial Inspectors
to perform their duties under the Law, this Bylaw, and the resolutions and
instructions issued in pursuance thereof.
a.
Judicial Inspectors and all the
other employees of the JID must maintain strict confidentiality and not
disclose, except in the cases prescribed by law, any confidential information
to which they have gained access by reason of their employment duties, even
after the end of their service. In particular, they must refrain from:
1.
copying,
retrieving, transferring, or disclosing any information, facts, or documents to
which they have access in the course of their duties;
2.
using
the information to which they have access in the course of their duties for
unauthorised purposes;
3.
misusing
the information they obtain as a result of performing their duties; or
4.
allowing
any unauthorised person to access the information or documents related to their
duties.
b.
For the purposes of implementing
this Article, Judicial Inspectors and all the other employees of the JID must
sign the relevant confidentiality and non-disclosure undertaking on the form
prescribed by the JID for this purpose.
Section
Two
Regulating
the JID and Determining its Functions
In
exercising its jurisdiction under the Law and this Bylaw, the JID will report
to the Judicial Council.
a.
The JID will have a judicial body
comprised of a Director and a sufficient number of Judicial Inspectors to whom
the above-mentioned Law No. (10) of 2009 and Law No. (13) of 2016 and the
resolutions issued in pursuance thereof apply.
b.
The JID will have an administrative
body comprised of a number of administrative and technical employees appointed
by the Director of the JID to whom the above-mentioned Law No. (8) of 2018
applies.
The
JID will have an organisational structure approved by the Chairman upon the
recommendation of the Director of the JID.
a.
Judicial Inspectors will be
appointed through one of the following methods:
1. appointment by a decree issued by His
Highness the Ruler of Dubai in any of the following cases:
a. re-appointment of a person who has
previously held a position within a Judicial Authority in the Emirate, provided
that his departure from that position was not due to disciplinary reasons;
b. transfer of a Judge or Member of the
Public Prosecution from a Judicial Authority;
d. appointment of non-UAE National
experts and specialists for a period not exceeding four (4) years, renewable on
an annual basis; or
2. assignment from within a Judicial
Authority, pursuant to a resolution of the Judicial Council.
b.
The Judicial Council will determine
the conditions, rules, and standards that a Judicial Inspector is required to
meet to be eligible for any of the appointment methods stated in paragraph (1)
of this Article.
c.
Judicial Inspectors must be
appointed in sufficient numbers and across diversified specialisations.
In
addition to the conditions prescribed for the appointment of Members of the
Judicial Authorities under the Law, to qualify for the position of Director of
the JID, a person must meet the following requirements:
1.
He must have worked at a Judicial
Authority for a period of not less than twenty (20) years.
2.
He must have held a position not
lower than “Senior Judicial Inspector” or another equivalent position at a
Judicial Authority.
3.
He must have maintained a minimum
Performance Rating of “Very Good” in the last three (3) years.
In
addition to the conditions prescribed for the appointment of Members of the Judicial
Authorities under the Law, to qualify for the position of Judicial Inspector,
the person must meet the following requirements:
1.
He must have worked at a Judicial
Authority for at least fifteen (15) years.
2.
He must have held a position of not
lower than “Senior Appellate Judge” or Senior Chief Prosecutor.
3.
He must have maintained a minimum
Performance Rating of “Very Good” in the last two (2) years.
a.
Depending on his experience level, a
UAE National Judicial Inspector who practises the judicial profession outside
of the Emirate will be placed on the Employment Designations and Grades of
Judicial Inspectors stipulated in the Law.
b.
Unless otherwise decided by the
Judicial Council, a non-UAE National Judicial Inspector will be placed on Grade
2 of the Employment Designations and Grades of Judicial Inspectors stipulated
in the Law.
c.
A Member of a Judicial Authority who
is re-appointed to the Judicial Authority will be placed on the same Grade he
held before his departure.
d.
A Member of a Judicial Authority who
is transferred or assigned as a Judicial Inspector from within Judicial
Authority will be placed on the same Grade he held before the transfer or
assignment.
In
addition to the functions assigned to it under the Law, the JID will have the
duties and powers to:
1.
assess and analyse the ex-post impact
of this Bylaw with a view to improving and developing the rules and procedures
contained therein; propose any necessary amendments thereto; and submit the
same to the Judicial Council to take the action deemed appropriate in this
respect;
2.
establish the standards related to
the inspection of Members of the Judicial Authorities and the validation of the
complaints filed against them; and investigate the violations committed by
Members of the Judicial Authorities as part of the judicial accountability
proceedings commissioned by the Judicial Council;
3.
prepare the forms required for
submitting reports and statistics to the Judicial Council;
4.
prepare a calendar of the dates of
submission of periodic reports on the flow of work at the Courts and the Public
Prosecution, and get the calendar approved by the Judicial Council;
5.
issue procedural guidelines for the
preparation of periodic reports on the flow and continuity of work at the
Judicial Authority, and for the inspection of Members of the Judicial
Authority;
6.
prepare and develop electronic
programmes that facilitate the exercise of the functions stipulated in the Law
and this Bylaw;
7.
maintain and archive the reports
submitted by the administration to the Judicial Council, and the relevant
resolutions and recommendations issued by the Judicial Council; and
8.
follow up the implementation of the
resolutions and recommendations approved by the Judicial Council in respect of
the JID.
In
addition to the functions stipulated in the Law, the Director of the JID will
have the duties and powers to:
1.
ensure that Judicial Inspectors
perform their duties under the Law and this Bylaw;
2.
maintain continued communication
with the Courts, the Public Prosecution, the Dubai Judicial Institute, and the
General Secretariat on all matters that contribute to the achievement of the
objectives of this Bylaw; and
3.
form permanent and temporary
committees and work teams.
Where
it is established through the inspection of a Member of the Judicial Authority
or the validation of a complaint filed against him that he has committed a
Gross Technical Error, the JID must refer the matter to the Judicial Council to
issue the relevant directives as it deems appropriate. The reports and
procedures related to application of this Article must be recorded in the file
of the Member of the Judicial Authority.
a.
The JID will maintain the files and
records required for documenting performance of its duties under the Law and
this Bylaw. In particular, the following files and records will be maintained:
1.
the
personal file of a Member of the Judicial Authority which contains confidential
reports and remarks on his work, as well as the complaints and grievances in
respect of which final decisions have been issued against the Member of the
Judicial Authority. The file will also include all disciplinary penalties
imposed on the Member and all other documents that contribute to an accurate assessment
of him, such as the academic qualifications, certificates of recognition, and
medals awarded to him; and
2.
the
brief register which is a record containing a summary of the information found
in the personal file of the Member of the Judicial Authority.
b.
All the files and records of Members
of the Judicial Authority are considered confidential, and are under the direct
responsibility of the Director of the JID. These files and records may be
accessed only by the concerned Member of the Judicial Authority, his immediate
supervisor, Members of the Judicial Council, and the Director of the JID.
Section
Three
Periodic
Inspection
Periodic
Inspection aims to:
1.
develop and improve the performance
of Members of the Judicial Authority who are subject to inspection by
identifying and proposing their development and training needs;
2.
enhance the performance of Members
of the Judicial Authority who are subject to inspection to ensure achieving
high competence and outstanding performance within their respective judicial
entities, by aligning each Member’s individual performance plan with his entity’s
strategic objectives;
3.
empower Members of the Judicial
Authority who are subject to inspection to plan their performance based on
predetermined and clear standards;
4.
evaluate Members of the Judicial
Authority who are subject to Inspection for Promotion Purposes, remuneration,
transfer, assignment, secondment and assuming senior positions; and
5.
provide a competence-assessment tool
that supports decisions to promote Members of the Judicial Authority who are
subject to Inspection.
Performance
of a Member of the Judicial Authority who is subject to inspection will be
assessed against the following competency levels and grades:
|
Competence Levels |
Grade |
|
Excellent |
90-100 |
|
Very Good |
80-89 |
|
Good |
70-79 |
|
Average |
60-69 |
|
Below Average |
50-59 |
In
assessing the performance of a Judge who is subject to inspection, the following
criteria will be taken into account:
1.
the number and types of lawsuits and
appeals heard by him during the Periodic Inspection period; the number of
determined lawsuits and appeals; percentages of completion; and type of
judgement rendered (provisional, formal, definitive, or otherwise);
2.
the soundness of the judgements
rendered by him, including whether they contain the relevant legal provisions, adhere
to the rulings issued and principles established by the Court of Cassation, and
reference established legal precedents and prevailing jurisprudential opinions;
3.
the accuracy, coherence,
well-articulated drafting, linguistic integrity and expressiveness in all
paragraphs of the judgement;
4.
review of the lawsuits determined by
definitive judgements, for the purpose of verifying that the Law has been
applied appropriately;
5.
percentage of completion of the
monthly workload and of pending cases;
6.
the observations made by the
Judicial Inspector in respect of deferred lawsuits, the reasons of deferral,
and their suitability given the relevant circumstances and facts of the
lawsuits;
7.
compliance with the civil and
criminal procedural rules;
8.
the number of judgements and
decisions rendered by the Judge that have been overturned due to evident
misapplication of the Law to the facts of the cases; and
9.
the Judge’s commitment to keeping
abreast of the latest updates and amendments to various legislation.
In
assessing the performance of a Member of the Public Prosecution who is subject
to inspection, the following standards will be taken into account:
1.
the number of lawsuits assigned to
the Member of Public Prosecution during the Periodic Inspection period, the
number of completed investigations; and a review of the investigations he
conducted to determine their adequacy and relevance;
2.
the review of the lawsuits assigned
to the Member of Public Prosecution, including the methods of registration and
classification employed; and an assessment of the soundness of their management,
whether by referral to trial or dismissal;
3.
the Member of Public Prosecution's
familiarity with the functions of the Public Prosecution and his insight into
its operations; and his consistency in completing administrative and clerical
work;
4.
the Member of Public Prosecution's
keenness on promptly proceeding to crime scenes where required, and following
up investigations, ensuring timely completion;
5.
the soundness of the Member of
Public Prosecution's assessment of evidence and handling it, in accordance with
the legislation in force;
6.
assessment of the quality of the
Member of Public Prosecution's drafting of memoranda, including the legal
principles and authoritative jurisprudential opinions cited;
7.
verifying that criminal cases are
thoroughly reviewed and that legally erroneous judgements are appealed;
8.
assessing the validity of decisions
regarding pretrial detention and release on bail or bond, verifying their
compliance with the legislation in force;
9.
assessing how well the Judge performs
his supervisory role over correctional and rehabilitation centres, detention
facilities, including the conditions of prisoners, as well as their complaints
and grievances; and how well he follows up the execution of judgements issued
against convicts;
10. assessing
the number of felonies, misdemeanours, other offences, acts of God cases,
petitions, and administrative complaints under investigation by the Member of
Public Prosecution during the Periodic Inspection; and evaluating the adequacy
and promptness of the actions taken by him;
11. assessing
the Public Prosecution Member's promptness in determining applications, including
applications for the release of defendants on bail or bond; his timely completion
of investigation procedures; and his compliance with the pretrial detention
periods before referral, as prescribed by the legislation in force; and
12. the
Public Prosecution Member's in-court advocacy and role in court hearings.
The
performance and competence of Members of the Judicial Authority who are only
assigned administrative work will be assessed annually based on the reports
made by their immediate supervisors, or in accordance with the decisions of the
Judicial Council in this respect.
a.
The performance of Members of the Judicial
Authority during the period of their secondment or assignment outside the
Judicial Authority, or on a study or training scholarship, will be evaluated
based on reports prepared by the entities to which they are seconded or
assigned. The provisions of this Bylaw will apply to the period preceding the
secondment, assignment, or scholarship, as well as to the period following it,
throughout the Periodic Inspection period.
b.
Periodic Inspection and performance
assessment of Members of the Judicial Authority subject to inspection, who are
assigned duties in addition to their judicial duties, will be conducted in
accordance with the provisions of this Bylaw.
The
Judicial Council may, upon the recommendation of the JID and after consultation
with the General Secretariat, the Courts, and the Public Prosecution, amend the
competency assessment standards for Members of the Judicial Authority subject
to inspection.
The
JID will prepare a detailed guide containing the performance assessment
standards for Members of the Judicial Authority subject to inspection, including
the grade allocated to each standard, and the method for calculating the total scores.
In
conducting the Periodic Inspection, the JID must adhere to the following
procedures:
1.
The Periodic Inspection will be
conducted once a year, in accordance with the plan approved by the Director of
the JID in this respect. This plan will specify the Courts and Public
Prosecution offices whose Members’ work will undergo the Periodic Inspection.
This plan may be amended during the implementation phase where necessary.
2.
The plan will be implemented through
a Periodic Inspection schedule, in which the Director of the JID designates the
Judicial Inspectors who will conduct the inspection, the Members of the
Judicial Authority subject to Periodic Inspection, and the time required to
complete the Periodic Inspection process.
3.
The Periodic Inspection will be
conducted, and the relevant reports on the inspection findings will be
prepared, using the forms approved by the JID in this respect.
4.
The Periodic Inspection of the
performance of a Member of the Judicial Authority will be conducted at the JID
offices. Where necessary, it may be conducted at the premises of the Courts or the
Public Prosecution offices. In exceptional circumstances, or where needed, it
may also be conducted remotely.
5.
The Periodic Inspection of a Member
of the Judicial Authority will be conducted based on the presented files,
without requiring his physical attendance.
6.
The Periodic Inspection of a Member
of the Judicial Authority will be conducted by two (2) Judicial Inspectors;
each inspector must submit a separate report assessing the members on a scale
of one hundred (100) to the concerned organisational unit within the JID by the
specified date. The unit will then calculate the average score from both
reports to determine the final score attained by the Member of the Judicial
Authority.
7.
The Periodic Inspection report
prepared by the Judicial Inspector must include details of the reviewed cases
and assignments handled by the Member of the Judicial Authority subject to inspection,
including his investigations, decisions, and judgements reviewed by the
inspector. The report must also include any information, observations, or
deficiencies that are relevant to the performance evaluation criteria of the
Member of the Judicial Authority, to reflect the Member's competency level. The
Judicial Inspector may supplement this report with any supporting documents or
details that substantiate its contents.
8.
If the Judicial Inspector’s report identifies
any deficiencies in the performance of the Member of the Judicial Authority
subject to inspection, the inspector must recommend in his report the necessary
measures to address these deficiencies, including enrolment in training
courses.
9.
The Director of the JID will form
one or more committees to examine, review, and evaluate Periodic Inspection
Reports. Each committee must be comprised of three (3) Judicial Inspectors
headed by the Judicial Inspector holding the highest grade. Where all of the
Judicial Inspectors in a committee hold the same grade, the committee will be chaired
by the most senior among them. The committee may, where necessary, seek
clarifications from those who conducted the inspection and may either approve
or modify the competency rating awarded by them. The committee’s decision to
approve or modify the competency rating will be passed by majority vote.
10. The
committee referred to in paragraph (9) of this Article will convene at the JID offices
or via video conference with the Members of the Judicial Authority who are
subject to inspection and against whom issues have been noted, for the purpose
of discussing these issues to avoid their recurrence in the future.
11. Periodic
Inspection Reports will be placed in the personal file of the Member of the
Judicial Authority referred to in Article (17) of this Bylaw.
12. The
Director of the JID will notify the Member of the Judicial Authority in writing
of the outcome of the Periodic Inspection and the awarded competency assessment
score within (15) fifteen days from the date the report is placed in his
personal file.
13. In
the event that the Periodic Inspection Report includes any observations or
deficiencies related to the work conducted by more than one Member of the
Judicial Authority, they will be notified of the same.
14. The
Director of the JID must follow up on the implementation of the recommendations
recorded in the Periodic Inspection Reports regarding improving the performance
of Members of the Judicial Authority, verify their full implementation, and
submit an annual report on the same to the Judicial Council.
a.
Periodic Inspections may not include
the examination of any judicial procedures in cases still pending before the
Member of the Judicial Authority. However, this examination may be conducted if
there is a misconduct complaint against the Member, in which case the
procedures for validating complaints stipulated in this Bylaw will be followed.
b.
A Judicial Inspector may not visit a
Member of the Judicial Authority for the purpose of Periodic Inspection during
court proceedings or while conducting an investigation.
c.
The Judicial Inspector must be
senior to the Member of the Judicial Authority subject to inspection.
e.
The Director of the JID may add any
other controls to the Periodic Inspection, pursuant to a decision he issues in
this respect.
f.
Neither of the two (2) Judicial
Inspectors may review each other's report, except after filing their respective
reports with the concerned organisational unit in the JID, and subject to
obtaining the written consent of both the Judicial Inspector who has prepared
the report and the Director of the JID.
a.
A Member of the Judicial Authority
may file a grievance with the Judicial Council in respect of the performance
competency score awarded to him in the Periodic Inspection Report, within (30)
thirty days from the day following his notification of the score. This is done
by submitting a statement of grievance to the Judicial Council through the
General Secretariat.
b.
The Judicial Council will submit the
grievance to the grievance committee it forms for this purpose, consisting of
three (3) Judicial Inspectors headed by the Director of the JID or his deputy.
Neither the Judicial Inspector who participated in determining performance
competency assessment score of the aggrieved Member of the Judicial Authority,
nor any of the members of the committee examining, reviewing, and evaluating
the Periodic Inspection Reports that confirmed the performance competency score
may be on the grievance committee.
c.
The Grievance Committee referred to
in paragraph (b) of this Article will consider the grievance and submit its
recommendations on the same to the Judicial Council.
d.
The
Judicial Council will determine the grievance after considering of the
grievance statement, the recommendations of the grievance committee, the report
of the JID, and any information or documents requested or submitted to it, and,
where necessary, after hearing the statements of the complainant.
e.
The
decision of the Judicial Council on the grievance will be final and not subject
to appeal before any other entity.
f.
A
grievance against a Member of the Judicial Authority will not lead to any reduction
in his competency score.
The
Director of the JID will present to the Judicial Council a report on the
Members of the Judicial Authority who, for two (2) consecutive years, have obtained
a “below average” performance assessment. The Judicial Council will take the
necessary measures against them in accordance with the provisions of this Law.
Inspection
for Promotion Purposes
The
Inspection for Promotion Purposes is aimed at verifying the performance level
of the Member of the Judicial Authority from a technical point of view, and his
objective performance, in order to support the decision to promote him to a
higher grade.
The
provisions of Inspection for Promotion Purposes apply to senior appellate
Judges or Judges of lower grades, even if they are seconded to the Court of
Cassation; and to Members of the Public Prosecution of the same grade.
Where
a Member of the Judicial Authority who is subject to Periodic Inspection
obtains an Average Performance Appraisal rating lower than “Very Good” for the
number of years required for promotion, as prescribed in the resolutions
regulating the promotion process for Members of the Judicial Authority, he will
undergo inspection the following year to reconsider his promotion. This
inspection will cover at least ten percent (10%) of his work and must include
diverse samples of his work, avoiding focusing on the work carried out during a
specific period of the year. The inspection must be conducted in accordance
with the criteria, rules, and procedures applicable to Periodic Inspection
stipulated in this Bylaw.
The
provisions of Article (27) of this Bylaw apply to the procedural regulations of
Inspection for Promotion Purposes. Inspection for Promotion Purposes must not
be conducted by either of the two (2) Judicial Inspectors who conducted the
Periodic Inspection for the Member of the Judicial Authority.
The
provisions of Article (29) of this Bylaw apply to grievances against the
outcomes of Inspection for Promotion Purposes.
Section
Five
Ad-hoc
Inspection and Inspection for Considering Complaints
The
inspection provisions stipulated in this Bylaw do not preclude conducting an Ad-hoc
Inspection of a Member of the Judicial Authority upon an order of the Chairman
or a resolution of the Judicial Council. The Director of JID will, in light of
this order or resolution, determine the rules and procedures of this
inspection.
a.
Any interested party may submit a
complaint to the Judicial Council or the JID against any Member of a Judicial
Authority in respect of any matter related to his professional duties or
conduct.
b.
A complaint against a Member of a
Judicial Authority may be filed by a natural or legal person, his legal
representatives, or any of his relatives up to the second degree.
c.
The complaint must be submitted by
means of a complaint statement signed by the complainant. This statement must include
the complainant’s name, address, domicile, and contact method, as well as a
photocopy of his Emirates ID, if he is a UAE National or resident, or a
photocopy of his passport if for any reason whatsoever he does not have an
Emirates ID. In case the complainant is a legal person, a copy of the
incorporation document must be provided. The statement of complaint must also
state the name of the Member of the Judicial Authority against whom the
complaint is filed, the date of the complaint, the detailed facts of the
complaint, the supporting documents, and any other information required by the
JID. A complaint against a Member of the Judicial Authority will not be
considered unless the complaint statement contains all the required information.
d.
The JID will determine the channels through
which complaints may be filed against Members of the Judicial Authorities.
a.
A complaint filed against a Member
of a Judicial Authority will be recorded by date of submission in a register
maintained for this purpose at the JID, which is regularly updated to reflect
the progress in processing the complaint.
b.
The Director of the JID will refer
the complaint to a Judicial Inspector for review and validation.
c.
For the purposes of reviewing and validating
the complaint, the Judicial Inspector may take all necessary actions to verify
the veracity of the complaint. This includes seeking clarifications from the
immediate supervisor of the Member of the Judicial Authority, conducting a
preliminary investigation, interviewing the Member of the Judicial Authority,
hearing witnesses, and reviewing relevant files, documents, and records.
d.
After reviewing and validating the
complaint, the Judicial Inspector will submit his recommendations to the
Director of the JID who will take any of the following actions:
1.
Where
the Judicial Inspector advises that the complaint falls beyond the scope of his
competence, and the Director of the JID verifies this, the Director of the JID
will issue a decision that the complaint is inadmissible.
2.
Where
it is established to the Director of the JID that there is no fault on the part
of the Member of the Judicial Authority, he will issue a decision to dismiss
the complaint.
3.
Where
the complaint pertains to professional misconduct, and evidence establishes
that the Member of the Judicial Authority has committed the misconduct, the
complaint and the report prepared by the JID stating its recommendations, will
be submitted to the Judicial Council to take the appropriate action in this
respect.
4.
Where
the complaint relates to unjustifiable delay in the completion of a case or
application, the matter will be referred to the Public Prosecution or the Chief
Justice of the competent court, as the case may be, for action. The JID must
prepare a report on the matter and coordinate with the concerned Judicial
Authority in respect of the action to be taken to address the case or
application.
e.
Reports on validated complaints will
be maintained in the personal file of the Member of the Judicial Authority
mentioned in Article (17) of this Bylaw.
f.
Complaints that are determined to be
unsubstantiated or dismissed will not be maintained in the personal file of the
Member of the Judicial Authority, but will only be entered in the general
register of complaints maintained by the JID.
g.
The Director of the JID will notify
the Member of the Judicial Authority in writing of the outcome of the
investigation of the complaint filed against him within fifteen (15) days from
the date of recording the relevant report in his personal file. Where some of
the comments featuring in the report relate to an act committed by more than
one Member of the Judicial Authority, a copy of the report will be sent to all the
members involved.
h.
A Member of a Judicial Authority may
appeal the findings of the investigation of the complaint filed against him as
stipulated in Article (29) of this Bylaw.
i.
The Director of the JID is hereby
authorised to take any measures and use any methods he deems appropriate to inform
the complainant of the findings of the validation and investigation of his
complaint.
a.
A Judicial Inspector assigned to
verify the validity of, and investigate, a complaint filed against a Member of
a Judicial Authority must, wherever possible, hold a position of higher grade or
seniority than the Member of the Judicial Authority.
b.
A complaint must not relate to any
of the grounds on which a Judge may be disqualified or challenged.
c.
A complaint must not be based on any
action that may be subject to any form of appeal prescribed by law.
d.
A complaint must not contain any offensive
language targeting the person or reputation of the Member of a Judicial
Authority.
e.
A complaint relating to a technical aspect
of a lawsuit that is pending determination by a Judge or an investigation
pending action by a Member of the Public Prosecution may not be investigated
unless the complaint pertains to misconduct or unjustifiable delay in
investigating the case or determining a lawsuit.
f.
A complaint filed anonymously or a
complaint submitted by mail may only be investigated after the complainant
appears in person and all the procedures prescribed for filing complaints are
fulfilled, unless the Director of the JID decides otherwise.
g.
Where the technical investigation of
a complaint reveals a Gross Technical Error committed by a judicial body, the error
will be attributed to all the members involved, where deemed necessary. The
Director of the JID will notify the members of the judicial body of any entries
made in their respective files within fifteen (15) days from the date of the entry.
The members of that body may file a grievance against this action in accordance
with the provisions stipulated in the Article (29) of this Bylaw.
h.
Where investigation of the complaint
reveals a recurring pattern of negative conduct by a Member of a Judicial
Authority in performing his duties, the Director of the JID may issue a
resolution assigning a Judicial Inspector to conduct a special inspection of
all the work of the Member of the Judicial Authority against whom the complaint
is filed. The special inspection may cover a review of the work he conducted
during a specific period of time, certain cases. The special inspection may
also include monitoring of his activities, as deemed appropriate, in
coordination with his immediate supervisor. The JID must document the findings
of this inspection in the complaint report.
Section
Six
Work
Progress Reports at Judicial Authorities
a.
The Director of the JID will annually
form a work team to prepare Periodic Reports on work progress and workflow at
the Judicial Authority.
b.
The work team formed under paragraph
(a) of this Article may take the required action to prepare the Periodic
Reports, including conducting field visits, interviewing the employees of the
Judicial Authority, and requesting any data, information, and statistics deemed
appropriate.
The
Director of the JID will, in coordination with the General Secretariat,
prescribe the deadlines for submitting Periodic Reports on work progress and
workflow at the Judicial Authority to the Judicial Council.
Periodic
Reports will be prepared subject to the following requirements:
a.
The reports must be comprehensive
and must focus on the work of the Judicial Authority as a whole, avoiding duplication
of Inspection Reports on the Members of the Judicial Authority.
b.
The Periodic Reports must reflect
the reality of the technical and administrative work of the Judicial Authority,
including but not limited to, reporting on the adequacy of Members of the
Judicial Authority, the time taken to complete judicial proceedings and process
lawsuits, the use of technology in judicial work, the application of modern trends
in litigation, and the outcomes of implementing new processes and procedures,
and any other relevant aspects.
c.
The reports must contain the
recommendations for improving the work of the Judicial Authority and workflow
efficiency, as well as statements on the progress made in respect of the
recommendations made in previous Periodic Reports.
Section
Seven
Final
Provisions
The
Director of the JID will issue the instructions required for the implementation
of the provisions this Bylaw.
The
Judicial Council is hereby authorised to determine the procedures that must be
followed in respect of any matter on which this Bylaw is silent, and to
interpret the provisions of this Bylaw.
©2024 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.