أسئلة قانونية إماراتية عامةقانون اتحادي في شأن إنشاء محاكم اتحادية ونقل اختصاصات الهيئات القضائية المحلية في بعض الإمارات إليها

Article (1 BIS) The courts and competences of the judicial Authority in the emirate of Um Al Quwain shall be combined with the federal courts.

Article (1) First Instance Courts existing in the capitals of the Emirates of Abu Dhabi, Sharjah, Ajman and Fujairah at the time of enactment of this Law shall be Federal Courts of First Instance. First Instance Courts existing in the cities or areas other than those in the capitals of the said

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Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in some Emirates to such courts. 2 Emirates shall be departments subsidiary to the Federal Courts of First Instance. The Courts of Appeal existing in the capitals of the aforesaid Emirates shall be Federal Courts of Appeal.

Article (2) Shall be transferred to the Federal Courts prescribed in the aforesaid article the jurisdictions undertaken by the local judicial tribunals existing in the aforesaid emirates.

Article (3) Subject to the provision of the preceding article, the Federal Courts of First Instance – each in its own capacity – shall have the jurisdiction to examine: 1. Civil, commercial, and administrative disputes between the Union and individuals whether the Union is acting in the capacity of plaintiff or defendant therein. 2. Crimes with exception to those subject to the Union Supreme Court’s jurisdiction pursuant to Article (99) of the Constitution. 3. Personal status, civil, commercial, and other cases between individuals.

Article (4) The Court hearings shall be held in public, unless the Court decides, at its own discretion, or at the request of the public prosecution or a litigant, to hold same in closed chambers to

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Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in some Emirates to such courts. 3 maintain public order or manners. In all cases, the verdict shall have to be pronounced in a public hearing.

Article (5) The courts of first instance's verdicts shall be rendered by an individual judge, while those rendered by the courts of appeal shall be made by a panel of three judges.

Article (6) Verdicts shall be inclusive of the grounds on which they were based.

Article (7) Litigants may contest the verdicts of the federal courts before the Supreme Federal Court in the cases and according to the procedures enforced by the law promulgated in this respect.

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Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in some Emirates to such courts. 4

Article (8) The Federal Courts shall apply the provisions of the Islamic Sharia, federal laws and other laws in force, as well as applying the rules of custom and general legal principles insofar as they do not contravene the provisions of Sharia.

Article (9) Verdicts shall be rendered by the federal courts and executed in the name of the President of the UAE.

Article (10) Disputes looked into before the courts and which have become by virtue of this Law under the jurisdiction of the federal courts shall be transferred to this latter as is and without fees. However, this provision shall not apply to the lawsuits where pleading is closed and stayed for a verdict to be pronounced.

Article (12) Subject to what is provided for in Federal Law No. (17) of 1978 and Federal Law No. (3) of 1983 referred to above, there shall be adherence before the Federal Courts of First Instance and Federal Courts of Appeal to the procedures and rules on the execution of judgments applicable in each Emirate – and whatever amendments that may impact such rules and regulations – until such time as the Law regulating the procedures before the Federal Courts is promulgated.

Article (13) Legal fees before the federal courts shall be determined by a decree. Until such time as this decree is issued, the rules currently in place shall remain applicable.

Article (14) The Minister of Justice shall have the authority to supervise federal courts in such a manner that would ensure the performance of their mission and realize the due course of justice without prejudice to the autonomy of the judiciary system. Forming the courts circuits and assigning judges thereto shall be vide a decree issued by the Minister of Justice.

Article (15)

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Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in some Emirates to such courts. 6 The Minister of Justice, Islamic Affairs and Awqaf and the concerned authorities in the emirates mentioned in Article (1) shall execute the provisions of this Law.

Article (16) This Law shall be published in the Gazette and become enforceable as of the date of its promulgation. [Signed] Zayed bin Sultan al Nahyan, President of the United Arab Emirates Promulgated by us in the Presidential Palace in Abu Dhabi, On: Jumada Thani 29, 1398 A.H. Corresponding to: 5/6/1978 A.D.

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