As per the UAE’s Constitution, the Federal Judiciary enjoys full independence and justice is the basis of its authority. All are equal before the law, regardless of race, nationality and religion. The Constitution does not allow arbitrary arrest, inhumane treatment and illegal intrusion to private properties.
The UAE Federal Judiciary includes:
- Federal Supreme Court
- Federal courts
- Public Prosecution.
The Federal Supreme Court
The first mention of the Federal Supreme Court was in 1968 when both late Sheikh Zayed bin Sultan Al Nahyan and late Sheikh Rashid bin Saeed Al Maktoum, concluded an agreement on a federation between them. The Federal Judiciary in the UAE began pursuant to the Federal Law No. 10 of 1973, with the establishment of the Federal Supreme Court.
Appointment and term of the judges of the Federal Supreme Court
The Supreme Court maintains five judges appointed by the President of the UAE, after an approval by the Federal Supreme Council.
The President and the judges of the Supreme Court cannot be removed and their services cannot be ended except for the following reasons:
- death
- resignation
- completion of term of contract for individuals on contract or completion of the term of secondment
- retirement
- permanent incapacity to carry the burdens of their duties by reasons of ill health
- disciplinary discharge on the basis of the reasons and proceedings stipulated in the law
- appointment to other offices, with their agreement
Key competencies of the UAE’s Supreme Court
Exclusively, the Supreme Court handles:
- disputes between member emirates, or between any one or more emirate and the Federal Government
- constitutionality of the federal laws and the constitutional legality of legislations enacted by local emirates if they are challenged by the federal laws or the Constitution
- examination of the constitutional legality of laws if such a request is referred by any state court
- constitutional interpretations if requested by federal entity or any emirate
- interrogation of Ministers and senior federal officials on the basis of a request by the Federal Supreme Council
- crimes directly affecting the interests of the federation; such as crimes relating to internal or external security, forgery of the official records or seals
- conflict of jurisdiction between federal judicial authorities and the local judicial authorities
- conflict of jurisdiction between the judicial authority in one emirate and the judicial authority in another emirate and the classification of the principles relating to it in a federal law.
The judgements of the Supreme Court are final and binding upon all.
Death sentences must be approved by the President or may be substituted to a lesser sentence in accordance with stipulated procedures. The President may grant pardon from the execution of any sentence passed by the Federal Judiciary.
Federal courts
The UAE maintains one or more federal courts of the first instance in the permanent capital of the federation or in the capitals of some of the emirates, in order to exercise the judicial powers, within their jurisdiction, in the following cases:
- civil, commercial and administrative disputes between the Federation and the individuals, whether the Federation is plaintiff or defendant
- crimes committed within the boundaries of the permanent capital of the Federation
- personal status actions, civil actions, commercial actions and other actions between individuals which arise in the permanent capital of the Federation.
The law regulates all matters connected with the federal courts of the first instance in respect of their organisation, formation, departments, local jurisdiction, procedures to be followed before them, the oaths to be sworn by their judges, conditions of service for their judges and the means of appealing against their judgements.
Public Prosecution
The Public Prosecution is another component of the Federal Judiciary system in the UAE. The Constitution states that the Federation maintains a Public Prosecutor appointed by a federal decree, with the agreement of the Cabinet.
The Federal Law No. 35 of 1992 concerning the Criminal Procedural Law as amended prescribes the jurisdiction of this entity, its procedures and the powers of its assistants over the police and the public security services.