Decree
No. (25) of 2023
Establishing
the Commissioners’ Panel at the
Court
of Cassation of the Dubai Courts[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law by Decree No. (38) of 2022 Issuing the Criminal Procedure
Code;
Federal Law by Decree No. (42) of 2022 Issuing the Civil Procedure Code;
and
Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate
of Dubai and its amendments,
Do
hereby issue this Decree.
The following words, wherever
mentioned in this Decree, 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 and its amendments. |
|
Judicial Council: |
The Judicial Council of the Emirate. |
|
Chairman: |
The Chairman of the Judicial Council. |
|
Courts: |
The Dubai Courts. |
|
Court: |
The Court of Cassation of the Courts. |
|
Commissioners’ Panel: |
The panel of commissioners established pursuant to
this Decree. |
Pursuant to this Decree, a judicial
panel named (the “Commissioners’ Panel”) is established at the Court.
The Commissioners' Panel will be
formed of a chairman, whose grade is not lower than Cassation Judge, and a
sufficient number of Judges whose grades are not lower than Appellate Judge.
The chairman and members of the Commissioners’ Panel will be appointed by the
Judicial Council based on the recommendation of the Chief Justice of the Court.
In the absence of the chairman of the Commissioners’ Panel for any reason
whatsoever, the most senior Judge of the Commissioners’ Panel will deputise for
him.
The Commissioners’ Panel will have
the following objectives:
1.
to boost trust in the judicial system of the Emirate
with a view to contributing to the administration of justice by assisting the
Court in preparing and considering cases, and providing the relevant legal
opinions;
2.
to contribute to developing and expediting litigation proceedings
of the cases being heard by the Court, without compromising the principles of
integrity, justice, and equity; and
3.
to improve and optimise the performance of the
judicial system; and ensure implementation of the vision and strategic
objectives of the Emirate in respect of developing the justice sector.
The Commissioners’ Panel will have
jurisdiction to:
1.
examine the applications and appeals filed with the
Court in accordance with the Law and the legislation in force in the Emirate; and
prepare, and present to the competent judicial divisions of the Court, legal
opinion memoranda on the grounds of these appeals or applications in terms of
form and merits, supported by the judicial precedents established by the Court
in its previous rulings issued in respect of similar cases;
2.
propose conciliation to parties to appeals, where
necessary;
3.
consider and verify any impediments to litigation that
may impact hearing or determining appeals;
4.
provide legal opinions on the applications referred to
it by the Chief Justice of the Court or the heads of the competent Court
divisions, as the case may be;
5.
propose any amendment to or deviation from the legal
principles and judicial rules derived from previous appeal rulings; and
6.
perform any other functions assigned to it by the Chief Justice of
the Court, subject to compliance with the provisions of the Law and the
legislation in force in the Emirate.
Based on a proposal by the Chief
Justice of the Court, the Chairman will issue a regulation concerning inspection
of the performance of the Commissioners’ Panel Judges.
b.
A legal opinion issued by the Commissioners’ Panel is
deemed advisory and non-binding to the Court. The Court will have the
discretion to act upon that opinion in whole or in part.
The Court division having
jurisdiction over an appeal or application may invite the Judge who has
provided legal opinion in respect of that appeal or application for a discussion
in the consultation chamber, without having the right to attend the Court
deliberations.
The Courts will provide the
administrative and financial support required to enable the Commissioners’
Panel to exercise its functions under this Decree, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate.
The Chairman
or his authorised representative will issue the resolutions required for the
implementation of the provisions of this Decree.
This Decree 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 14 June 2023
Corresponding to 25 Thu al-Qidah 1444 A.H.
©2023 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.