Federal Decree by Law Concerning the Federal Judicial Authority
Formal Name: Formal Name Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority
We Mohamed bin Zayed Al Nahyan, President of the United Arab Emirates
- After perusal of the UAE's Constitution;
- Federal Law No. (1) of 1972 regarding the competencies of ministries and the powers of ministers as amended;
- Federal Law No. (10) of 1973 regarding the Federal Supreme Court as amended;
- Federal Law No. (6) of 1978 regarding the establishment of Federal Courts and the transfer of the powers of the local Judicial Bodies in some emirates thereto;
- Federal Law No. (3) of 1983 regarding Judicial Authority as amended;
- Federal Law No. (11) of 1992 promulgating the Civil Procedures Code as amended;
- Federal Law No. (35) of 1992 promulgating the Criminal Procedure Code as amended;
- Federal Law No. (7) of 1999 promulgating the Pensions and Social Security Law as amended;
- And Acting upon the proposal of the Minister of Justice and the approval of the Council of Ministers;
We issued the following Decree-law:
Article (1)
Judges are independent, and, in performing their duties, they shall be subject to no authority other than the provisions of the Constitution, the applicable laws and their consciences. They may be dismissed only in accordance with the provisions hereof. The independence of Judiciary may not be prejudiced. There may be no interference in the affairs of justice.
Article (2)
The Federal Judicial Authority shall have an independent budget to be attached to the general budget of the State.
Article (3)
The Federal Judicial Authority shall consist of the Federal Courts and the Federal Public Prosecution and shall exercise its powers in accordance with provisions of law.
Article (4)
1. Courts may not hold their hearings outside their main headquarters except by virtue of a decision of the Federal Judicial Council.
2. Federal Courts may hold their hearings remotely through the use of modern technical means of communication.
Article (5)
The Federal Judicial Council shall be chaired by the Minister of Justice and the membership of each of the following:
Article (6)
The Council shall exercise the following functions:
It shall:
Article (7)
1. The Council shall have a General Secretariat headed by a Secretary-General who is delegated by a decision of the Council, provided that they are a Member of Judiciary. This position shall be held for a period of (4) four years, subject to renewal. The Secretary-General shall be the Rapporteur of the Council and shall attend its sessions without having a counted vote in its deliberations.
2. In the performance of their duties, the Secretary-General shall be assisted by a sufficient number of administrators and Members of Judiciary. By virtue of a decision of the Minister Justice, a number of employees in the Ministry of Justice may be assigned to work in the Secretariat of the Council.
3. The regulation of the General Secretariat and its functions shall be issued by a decision of the Council.
Article (8)
1. The Council shall hold its meetings in the capital of the Federation at the place specified by the Chairman of the Council. The Council's meetings may be held remotely through the use of modern means of communication.
2. The Council shall convene once a month or whenever the need arises. The Council's meeting is valid only if it is attended by its Chairman or Deputy-Chairman alongside four of its members. Its decisions are issued by a majority vote of those present. If the votes are equal, the Chairman shall cast the deciding vote. The deliberations of the Council shall be in camera.
3. The members of the Council shall receive a remuneration to be determined in the Schedules of Grades and Salaries of Members of Judiciary.
Article (9)
The Council shall issue its own by-law.
Article (10)
The Council may invite whomever it deems necessary to clarify a specific issue in the topics presented to it, and request from any party any data and information it deems necessary.
Article (11)
From among its members, the Council may form one or more Committees to which it delegates some of its powers, except for those related to appointment, promotions, transfers, assignment, secondment and referral to retirement.