Law
No. (27) of 2009
Concerning
the
Dubai
Judicial Institute[1]
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We, Mohammed
bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Law
No. (1) of 1996 Establishing the Higher Institute for Legal and Judicial
Sciences and its amendments; and
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai,
Do hereby
issue this Law.
This Law will be cited as “Law
No. (27) of 2009 Concerning the Dubai Judicial Institute”.
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. |
HHRC: |
His Highness the Ruler's Court. |
Executive Council: |
The Executive Council of the Emirate of Dubai. |
DJI: |
The Dubai Judicial Institute. |
Board of Directors: |
The board of directors of the DJI. |
Director General: |
The director general of the DJI. |
1.
This
Law will apply to the Higher Institute for Legal and Judicial Sciences
established pursuant to Law No. (1) of 1996 as an entity having legal
personality and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of its objectives. The institute is
affiliated to the HHRC.
2.
The
name “Higher Institute for Legal and Judicial Sciences” is hereby replaced by
the name “Dubai Judicial Institute”.
The head office of the DJI will
be located in the city of Dubai.
The DJI will have the following
objectives:
1.
to
qualify national cadres to hold judiciary and public prosecution positions;
2.
to
enhance the professional competencies of the members of judicial authorities
and professionals assisting the judiciary; and
3.
to
develop academic research and enhance research in legal and judicial fields.
For the purpose of achieving
its objectives, the DJI will have the duties and powers to:
1.
develop
educational and training programmes required for preparing and qualifying
cadres to hold judicial positions;
2.
develop
educational and training programmes required for preparing and qualifying the professionals
assisting the judiciary and judicial and administrative cadres supporting the
judiciary;
3.
award
academic certificates in various fields of judicial specialisations in
accordance with the relevant bylaws issued by the Board of Directors;
4.
conduct
and publish legal and judicial research papers and studies; and
5.
hold
conferences, seminars, and workshops relating to the work of the DJI.
The DJI will be supervised by a
Board of Directors comprised of a chairman and at least six (6) experienced and
specialised members who will be appointed pursuant to a decree of the Ruler for
a renewable period of three (3) years. At its first meeting, the Board of
Directors will elect, from amongst its members, a vice chairman, who will act
as the chairman in his absence.
1.
The
Board of Directors will convene at the invitation of its chairman at least once
every two (2) months or where necessary. The Board of Directors meetings will
be valid if attended by the majority of its members, provided that the chairman
or, in his absence, the vice chairman is in attendance. Resolutions of the
Board of Directors will be passed by majority vote of the attending members,
and in the event of a tie, the chair of the meeting will have a casting vote.
2.
Resolutions
of the Board of Directors will be recorded in minutes signed by the chair of
the meeting and the attending members.
3.
The
Board of Directors may, as it deems appropriate, invite experts and specialists
to attend its meetings, but they will have no vote.
The Board of Directors will
have the duties and powers to:
1.
establish,
and supervise the implementation of, the general policy and strategic plans of
the DJI;
2.
approve
the organisational structure of the DJI; and submit the same to the Director of
the HHRC for final approval;
3.
approve
the financial and administrative bylaws of the DJI;
4.
appoint
faculty members and trainers from amongst academics and specialists;
5.
approve
the bylaws regulating the educational programmes offered by the DJI, including
the legal and judicial sciences diploma programme;
6.
approve
the annual plan of the DJI relating to the educational programmes, educational
and training courses, workshops, and seminars;
7.
form
committees from amongst its members and other persons to undertake any duties
assigned to such committees by the Board of Directors, including committees
assigned the supervision of interviews and tests and the approval of the
results of such tests and interviews;
8.
approve
the fees prescribed for enrolment in educational and training programmes and courses;
9.
admit
scholars from within and outside of the UAE to study in the DJI;
10. approve test results for the qualification courses
and programmes conducted by the DJI;
11. approve agreements and memoranda of understanding
concluded with specialised academic and training entities;
12. approve the draft annual budget and financial
statements of the DJI; and
13. undertake any other duties as required to perform
the work of the DJI.
A Director General will be
appointed to the DJI pursuant to a decree issued by the Ruler.
The Director General will have
the duties and powers to:
1.
implement
the resolutions of the Board of Directors;
2.
prepare
the financial and administrative bylaws, and submit the same to the Board of
Directors for approval;
3.
manage
the DJI, and supervise its staff and financial and administrative affairs, in
accordance with the relevant bylaws issued by the Board of Directors;
4.
nominate
persons for appointment as faculty members and trainers;
5.
sign
the certificates awarded for completing educational programmes, workshops, and
training programmes;
6.
prepare
the draft annual budget and financial statements of the DJI, and present the
same to the Board of Directors for approval;
7.
submit
to the Board of Directors periodic reports on the progress of the DJI work;
8.
represent
the DJI before third parties; and
9.
exercise
any other duties or powers assigned or delegated to him by the Board of
Directors.
1.
An
academic board will be formed in the DJI and will be comprised of the Director
General, as chairman, and at least four (4) members from amongst faculty
members or other experienced and competent legal practitioners from outside of
the DJI. Members of the academic board will be appointed and their remuneration
will be determined pursuant to a resolution issued by the Board of Directors
upon the recommendation of the Director General.
2.
The
academic board will convene at the invitation of its chairman at least once
every two (2) months or where necessary. Meetings of the academic board will be
valid if attended by its chairman and the majority of its members.
3.
Resolutions
of the academic board will be passed by majority vote of its attending members,
and in the event of a tie, its chairman will have the casting vote.
4.
Resolutions
of the academic board will be recorded in minutes signed by its chairman and the
attending members.
5.
The
academic board may, as it deems appropriate, invite experts and specialists to
attend its meetings, but they will have no vote.
The academic board will be
responsible for studying and giving opinion on all matters related to the
academic, educational, and training affairs of the DJI; and for presenting
recommendations to the Board of Directors. The academic board will, without limitation,
have the authority to:
1.
propose
educational programmes, educational and training courses, and workshops; and
submit the same to the Board of Directors for approval;
2.
propose
the annual plan for implementing programmes, courses, and workshops within the
DJI; and submit the same to the Board of Directors for approval;
3.
form
the technical committees required for assisting the academic board in
performing its duties; and
4.
perform
any other duties assigned to it by the Board of Directors.
The financial resources of the
DJI will consist of:
1.
the
support allocated to the DJI in the general budget of the Emirate;
2.
the
fees determined by the Board of Directors for the programmes and courses
organised by the DJI; and
3.
gifts,
donations, and grants approved by the Board of Directors.
Law No. (1) of 1996
Establishing the Higher Institute for Legal and Judicial Sciences and its
amendments are hereby repealed. Any provision in any other legislation will
also be repealed to the extent that it contradicts the provisions of this Law.
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 3 September 2009
Corresponding to 13
Ramadan 1430 A.H.
©2019 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.