Constitution of the United Arab Emirates/Part 4-5

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CHAPTER (V)
THE JUDICIARY IN THE UAE AND THE EMIRATES

Article (94)

Justice is the basis of government. In performing their duties, judges are independent and are influenced only by the rule of law and their own conscience.

Article (95)

The UAE has a Federal Supreme Court and federal first instance courts as provided in the following articles.

Article (96)

The Federal Supreme Court consists of the Chief Justice and a maximum of five judges who are appointed by decree issued by the President of the UAE after the approval of the Supreme Council. The law specifies the number of the chambers of the Supreme Court, its regulations, procedures, the conditions of service and retirement of its members, and the conditions and requirements that they must meet.

Article (97)

The Chief Justice and the judges of the Federal Supreme Court may not be removed from office while they administer justice. Their tenure of office may not be terminated except for one of the following reasons:

1. Death.

2. Resignation.

3. The expiration of the term of the contract of those who are appointed by contract or the completion of the term of secondment.

4. Reaching the retirement age.

5. Proved disability to perform their duties for health reasons.

6. Disciplinary dismissal for the reasons, and by the procedures, provided in law.

7. Assign other posts to them after their consent.

Article (98)

Before taking up their office, the Chief Justice and the judges of the Federal Supreme Court swear before the President of the UAE and in the presence of the UAE Minister of Justice that they will render justice without fear or prejudice and that they will be loyal to the Constitution and the laws of the UAE.

Article (99)

The Federal Supreme Court has the following powers:

1. Decide on different disputes among the member Emirates of the UAE, or between any one or more Emirates and the federal government in case that the dispute is remitted to the Court upon the request of any of the concerned parties.

2. Consider the constitutionality of a federal law if it is challenged by one or more Emirates on the grounds that it is in conflict with the Constitution of the UAE. The Court also has the power to consider the constitutionality of a legislation enacted by an Emirate if it is challenged by a federal authority on the grounds that it is in conflict with the Constitution of the UAE or the federal laws.

3. Consider the constitutionality of laws, legislations and regulations in general if it is so requested by any court in the country while hearing a relevant case. The concerned court shall comply with the decision of the Federal Supreme Court rendered in this connection.

4. Interpret the provisions of the Constitution, if it is so requested by any federal authority or by the Government of any Emirate. Any such interpretation is binding on everyone.

5. Call into account the ministers and senior officials of the UAE appointed by decree for their actions while performing their official duties upon the request of the Supreme Council and in accordance with the relevant law.

6. Decide on the crimes which directly affect the interests of the UAE, such as the crimes relating to the UAE’s internal or external security, forgery of the official records or seals of a federal authority, and counterfeiting of currency.

7. Hear the cases of conflict of jurisdiction between a federal court and a local court in an Emirate.

8. Hear the cases of conflict of jurisdiction between a court in an Emirate and a court in another Emirate. The rules governing these cases are regulated by a federal law.

9. Any other powers provided in the Constitution or which may be conferred upon the Federal Supreme Court by a federal law.

Article (100)

The Federal Supreme Court sits in the capital city of the UAE. The Court may, by way of exception, sit when necessary in the capital city of any Emirate.

Article (101)

A judgment of the Federal Supreme Court is final and binding upon everyone. If the Court, when considering the constitutionality of a law, legislation or regulation, holds that a federal legislation is inconsistent with the federal constitution, or that local legislation or regulation under consideration contains provisions which are inconsistent with the federal constitution or a federal law, the concerned authority in the UAE or in the Emirate, as the case may be, shall immediately take the necessary measures to remove or correct the violation of the Constitution.

Article (102)

The UAE shall have one or more Federal Court of First Instance which shall sit in the permanent capital city of the UAE or in certain capital cities of the Emirates. A Federal Court of First Instance has, within the territory of its jurisdiction, the powers to hear the following cases:

1. The civil, commercial and administrative disputes between the UAE and an individual no matter whether the UAE is the plaintiff or the defendant.

2. The crimes committed within the boundaries of the permanent capital city of the UAE, with the exception of the matters reserved for the Federal Supreme Court under Article 99 of the Constitution.

3. Personal status cases, civil and commercial cases and other cases between individuals, which arise in the permanent capital city of the UAE.

Article (103)

The law regulates all matters related to the Federal Courts of First Instance in respect of its class, formation, and chambers; venue jurisdiction; the procedures to be followed before it; the oath to be sworn by its judges and the their conditions of service; and the ways of appeal against its judgments.

The law may provide that a judgment of the Federal Court of First Instance may be heard before a chamber of the Federal Supreme Court in such cases and in accordance with such procedures as may be determined by that law.

Article (104)

The local judicial authorities in each Emirate have jurisdiction in all judicial matters not assigned to the UAE courts under the Constitution.

Article (105)

Any or all of the powers conferred upon a local judicial authority under the preceding Article may be transferred by federal law enacted upon the request of the Emirate concerned, to the Federal Courts of First Instance.

A federal law specifies the cases where a judgment by a local judicial authority in a criminal, civil, commercial or any other lawsuit may be appealed before a federal courts.
A federal court’s judgment on such appeal is final.

Article (106)

There shall be a Federal General Attorney who is appointed by a federal decree issued with the approval of the Council of Ministers. The Federal Attorney General is assisted by a number of public prosecutors.

The law regulates the matters relating to the members of the Federal Public Prosecution Office with respect to the way of their appointment, ranks, promotion, retirement and the qualifications that they must meet.

The Federal Code of Criminal Procedure regulates the powers and procedures of the Federal Public Prosecution Office, and the authority conferred upon the law enforcement and public security officers who assist it in its functions.

Article (107)

The President of the UAE may, upon the proposal of the Federal Minister of Justice and subject to the approval of a committee formed and chaired by the Minister, pardon a convicted person from the execution of a sentence delivered by a federal judicial authority before the sentence is executed or while the punishment is being served or commute the punishment. The Committee formed for this purpose consists of six members selected by the Federal Council of Ministers for a renewable term of three years. The members of the committee are selected from citizens known for their wise judgment and efficiency.

The membership of the committee is free of charge. The Committee’s deliberations are held in camera and its decisions are taken by majority vote.

Article (108)

A final death penalty delivered by a federal judicial authority is executed only after the President of the UAE approves the sentence. The President of the UAE

may substitute a lesser sentence for the death penalty in accordance with the procedures provided in the preceding Article.

Article (109)

A full pardon from a crime or certain crimes is granted only by an Act.

An Act of Pardon remits the penalty and releases the convicted person from the execution of the entire penalty or from a part of the penalty that has yet to be served.