Law No. (8) of 2024

Amending 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:

Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai and its amendments (the “Original Law”),

Do hereby issue this Law.

Superseded Articles Article (1)

Articles (11), (17), (24), (32), (33), and (35) of the Original Law are hereby superseded by the following:

Functions of the Judicial Council

Article (11)

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 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 the Judicial Inspection Authority; and supervise Members of the Judicial Authorities to the extent permitted by this Law;

5. take the necessary action in respect of the 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 Judicial Inspection Authority 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 by the Judicial Inspection Authority 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 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 Judicial Inspection Authority;

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 proposals 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, as it deems appropriate, to provide it with clarifications on any 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 the applications submitted to it by any of the Members of the Judicial Authorities to assume another post that does not conflict with their employment duties; and

19. exercise any other duties or powers assigned to it under the legislation in force in the Emirate or by the Ruler, or referred to it by the Chairman.

Composition of the Courts

Article (17)

a. The Courts will comprise:

1. the Court of Cassation;

2. the Court of Appeal; and

3. the Courts of First Instance.

b. The law will prescribe the rules governing the jurisdiction of the Courts, and the procedures to be followed therein.

c. One or more specialised Courts of two (2) levels (first instance and appellate) may be established pursuant to a resolution of the Judicial Council. Each of these Courts will have a chief justice who is appointed pursuant to a resolution of the Chairman and whose grade is not lower than senior appellate Judge. In the absence of the chief justice, the most senior Judge of the Court will deputise for him.

d. The Chairman will issue a resolution determining the jurisdiction of the specialised Court referred to in paragraph (c) of this Article.

e. The specialised Courts referred to in paragraph (c) of this Article will comprise first instance small-claim and major-claim divisions, and appellate divisions, which are formed pursuant to resolutions of its chief justice. The number of Judges in a major-claim division or appellate division must not be less than three (3).

f. Unless otherwise decided by the Judicial Council, the judgements and decisions of the appellate divisions of the specialised Courts referred to in paragraph (c) of this Article will be subject to appeal in cassation before the Court of Cassation in accordance with the legislation in force in the Emirate.

Courts of First Instance

Article (24)

a. The Courts of First Instance will be formed of a chief justice whose grade is not lower than senior appellate Judge, and a sufficient number of Judges. In the absence of the chief justice of the Courts of First Instance, the most senior chief justice 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. The specialised Courts will be formed, and their chief justices will be appointed, pursuant to resolutions of the Judicial Council. These Courts will have jurisdiction to consider applications and claims in accordance with the law.

c. Each specialised Court of First Instance will have a chief justice whose grade is not lower than appellate Judge. In the absence of a chief justice of any of the specialised Court First Instance, the chief justice of the Courts of First Instance will assign a Judge to deputise for him.

d. Each specialised Court of First Instance will be formed of a number of major-claim divisions comprised of three (3) Judges each, and small-claim divisions having a single Judge each. These divisions will be formed pursuant to resolutions of their respective chief justices, subject to the approval of the chief justice of the Courts of First Instance.

e. The President of the Courts will issue a resolution regulating the jurisdiction of the major-claim and small-claim divisions referred to in paragraph (d) of this Article.

f. The chief justice of the Courts of First Instance may transfer Judges between different specialised Courts of First Instance.

Appointment Requirements

Article (32)

For a person to be appointed as a Judge at the Courts, a Member of the Public Prosecution, or a Judicial Inspector at the Judicial Inspection Authority, 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 that degree is awarded within or outside of the UAE;

4. not be less than twenty-three (23) 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. complete the training course of the Dubai Judicial Institute, unless the Dubai Judicial Institute decides to waive this requirement;

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 expunged; and

10. meet any other requirements determined pursuant to a resolution of the Judicial Council.

Employment Grades and Designations

Article (33)

The employment grades and designations of UAE national and non-UAE national Members of the Judicial Authorities appointed at the Courts, the Public Prosecution, and the Judicial Inspection Authority will be as stated in the following schedule:

Grade	Courts’ Designations		Public Prosecution Designations		Judicial Inspection Authority Designations
Grade	UAE Nationals	Non-UAE Nationals	UAE Nationals	Non-UAE Nationals	UAE Nationals	Non-UAE Nationals
Special	Chief Justice of the Court of Cassation	-	Attorney General	-	-	-
1	Senior Cassation Judge	Senior Cassation Judge	Assistant Attorney General	Senior Advocate General	Chairman of the Judicial Inspection Authority	Senior Judicial Inspector
			Assistant Attorney General		Vice Chairman of the Judicial Inspection Authority
			Senior Advocate General		Senior Judicial Inspector
2	Cassation Judge	Cassation Judge	Advocate General	Advocate General	Judicial Inspector	Judicial Inspector
2	Chief Justice of the Court of Appeal	Cassation Judge	Advocate General	Advocate General	Judicial Inspector	Judicial Inspector
3	Senior Appellate Judge	Senior Appellate Judge	Senior Chief Prosecutor	Senior Chief Prosecutor	Judicial Inspector	-
3	Chief Justice of the Courts of First Instance	Senior Appellate Judge	Senior Chief Prosecutor	Senior Chief Prosecutor	Judicial Inspector	-
4	Appellate Judge	Appellate Judge	Chief Prosecutor	-	-	-
5	Senior First Instance Judge	Senior First Instance Judge	Assistant Chief Prosecutor	-	-	-
6	First Instance Judge	-	Senior Public Prosecutor	-	-	-
7	First Instance Judge	-	Public Prosecutor	-	-	-
8	-	-	Assistant Public Prosecutor	-	-	-

Assuming Duties

Article (35)

Subject to the requirements stipulated in Article (36) of this Law, before assuming his duties, an experienced appointed Member of a Judicial Authority must complete the training or qualification programme approved by the Judicial Council in this respect.

Commencement and Publication

Article (2)

This Law comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 3 April 2024

Corresponding to 24 Ramadan 1445 A.H.

[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.