أسئلة قانونية إماراتية عامةمرسوم بقانون اتحادي في شأن المحكمة الاتحادية العليا

Article (3) 1. The Supreme Federal Court shall have a department for the constitutional articles, departments for considering other articles stipulated herein, or any other law. The department shall be presided over by the chief justice and the most senior judges. The other departments shall be presided over by any of the original or alternate judges of the Court. 2. Judgments shall be issued by a department formed of five judges, provided that the number of alternates shall not exceed two judges, in the issues stipulated in the first six items of Article (4) herein. Excluding from that, judgments shall be issued by a department formed of three judges, and by the majority in both actions. 3. The formation of the Appellate Body Chamber to consider challenges to the accountability of the ministers and senior officials of the Federation shall be presided over by the chief justice of the Court, and the membership of (6) of the Court judges who did not participate in issuing the contested judgment, and the judgment issued by the Court in this Appellate Body shall be final.

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 3

Article (4) The Supreme Federal Court shall have the jurisdiction to adjudicate the following matters: 1. The various disputes among the member emirates in the federation or between one or more emirates and the federation government, when these disputes are referred to the court based on the request of the parties concerned; 2. Discussing the constitutionality of the federal laws, if they are appealed by one or more emirates for violating the federation constitution; 3. Discussing the constitutionality of the legislations issued from one of the member emirates if they are appealed by one of the federal authorities for violating the federation constitution or the federal laws; 4. Discussing the constitutionality of the laws, legislations, and regulations in general if such request is referred to the Supreme Court from any of the federation courts or the member emirates during viewing an action before a such court; 5. Explaining the provisions of the Constitution at the request of one of the authorities of the Federation or the government of one of the Emirates, and this interpretation shall be binding on all; 6. Explaining international treaties and conventions based on the request of one of the federation authorities or the member emirates or if such explanation is the subject of dispute in an action offered before one of the courts; 7. Questioning the ministers and the Federation top officials appointed by decrees about their actions in performing their official jobs based on the request of the Federation higher council and as per the law related thereto; 8. Appeals of cassation filed before judgments issued by the federal courts of appeal in accordance with the regulating laws, and the court decides on the appeals that have decided the subject matter of the dispute without referring it to the court of appeal,

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 4 in the cases in which it considers reversing the judgment issued by this court and addressing and adjudicating the subject matter of the dispute; 9. Crimes that are directly related to the Federation interests such as crimes related to the Federation security inside and outside, crime\s of forgery of written documents or the official seals of any of the federation authorities and crimes of currency forgery according to the legislation in force in this regard; 10. The jurisdiction dispute between the federal judiciary and the judicial authorities in the emirates; 11. The jurisdiction dispute between a judicial authority in an emirate and a judicial authority in another emirate; 12. Discussing the constitutionality of implementing the resolutions of international organisations and bodies and considering the disregard for the judgments of foreign courts and the consequent obligations that are required to be implemented in the face of the State or any of its organs or components; 13. Deciding on the objections submitted by the Supreme Federal Council to the international agreements concluded by any of the emirates of the State; 14. Deciding on any dispute between the competent federal authorities and one of the emirates of the State regarding the conclusion of any international treaty or agreement; and 15. Any other jurisdictions stipulated in the constitution or in any federal law. Chapter Two Appointment of the judges of the Supreme Federal Court

Article (6) 1. For a judge to be appointed to the Supreme Federal Court, he shall fulfil the following conditions: a. To have a full capacity; b. To be a citizen of the United Arab Emirates; c. Not to be less than forty calendar years old; d. To obtain a degree in the Islamic Sharia, law or Sharia and law or its equivalent from one of the approved universities or high institutes in the State; e. He shall have worked for a period of no less than (5) five years in the Courts of Appeal or the equivalent jobs of the Public Prosecution, provided that the member of the Public Prosecution has worked as a judge in the Courts of Appeal for a period of no less than (4) four years; and f. To be of exemplary behaviour and good conduct and not to be sentenced previously by a Court or a disciplinary board for an honour blemishing crime even if he is rehabilitated. 2. Excluding the provision of item (1), paragraph (e) of this article, a judge may be appointed to the Court if he has worked for a period not less than fifteen years in the judicial and legal works in one of the courts or the equal prosecution jobs or departments of fatwa and legislations or the State lawsuits or in teaching law or Islamic

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 6 Sharia in the approved universities or high institutes or in the legal profession or in any other legal works that are considered equal to the work in the Federal Judicial Council.

Article (10) 1. The general assembly shall be held upon an invitation from the Court chief justice or his representative at the beginning of every year and when necessary. 2. The public prosecution, the College of Commissioners, and the technical office shall be invited to the Court to attend the meeting of the general assembly and its representative shall have the right to express their opinions on issues related to their works without the right to vote on the resolutions of the assembly. 3. The meeting of the general assembly shall not be intact unless attended by a third of its original judges at least, including the Court chief justice or his representative. The assembly resolutions shall be issued by the ultimate majority of the attendees; if the opinions are equal, the side of the president shall be the casting vote. The minutes of the general assembly shall be recorded in a special record signed by the meeting chairperson. Chapter Four College of Commissioners

Article (11) 1. The Supreme Federal Court may have a College of Commissioners to prepare the action, arrange it for pleading, and prepare a report on the legal opinion therein, regarding what is referred thereto by the chief justice of the Court or the president of the circuit, when necessary. 2. The College of Commissioners shall be formed of a chairperson and a sufficient number

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 8 of judges. 3. The senior of its members shall replace the president, and the president of the College shall supervise its work. 4. The chief justice of the Court, after the approval of the Federal Supreme Council of the Federal Judicial, shall issue a resolution regulating the work of the College of Commissioners.

Article (12) 1. Who shall be appointed as a president of the College of Commissioners shall fulfil the conditions decided for appointing the members of the Court. 2. Who shall be appointed as a member of the College of Commissioners shall fulfil the conditions decided for appointing the judges as stipulated in the Judicial Authority Law. 3. The president and members of the College of Commissioners shall be appointed by a federal decree based on a proposal from the chief justice of the Supreme Federal Court. This job may be filled by federal Court judges by transfer or assignment. In this case, the job shall be filled by a resolution issued by the President of the Federal Judicial Council based on a proposal by the President of the Supreme Federal Court. 4. The College members shall, before assuming their duties, swear the following oath: (I swear by God Almighty that I shall respect the constitution and law; and perform my work trustfully and faithfully. Taking oath shall be before the Supreme Federal Court. Chapter Five The Technical Office

Article (16) The Supreme Federal Court chief justice and judges shall not be dismissed, and their

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 10 jurisdiction shall not end unless for the following reasons; 1. Death; 2. Resignation; 3. Expiration of the period of the contracted judges according to the legislation in force; 4. Reaching the age of retirement; 5. Established disability to perform duties of their jobs for health reasons. The disability shall be established by a resolution of the competent medical authority; 6. The disciplinary dismissal based on the reasons and procedures stipulated herein; and 7. Assigning other non-judicial offices to those judges with their consent or transferring them to a non-judicial job based on the judgment of the Accountability Board.

Article (17) 1. The age of retirement for the Supreme Federal Court chief justice and judges shall be when they reached the age of sixty-five. However, if they reach such age during the judicial year, they shall remain in the service till the last date. 2. When necessary, the period of their service may be extended till after their reaching the age of retirement for a period or periods not exceeding ten years provided that each period shall not be less than a judicial year and that extending of the service period shall be made by Decree by Law issued by the President of the State based on the proposal of the Federal Judicial Council.

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 11 3. The chief justice and judges of the Court may be referred to retirement after they have completed a period of (30) years of service. Referral to retirement shall be made by a decree issued by the President of the State with the approval of the Supreme Federal Council. Chapter Seven Accountability of Supreme Federal Court Judges

Article (19) 1. If a matter is attributed to the chief justice of the Court that would prejudice confidence or esteem or seriously breach the duties or requirements of his job, the most senior judge of the Court shall submit the matter to the general assembly; 2. If the general assembly decides, after hearing the statements of the chief justice of the Court, that there is a place to proceed with the procedures, it delegates one of its members or forms a committee of (3) three of them to start the investigation procedures; 3. After the investigation is completed, the investigation shall be submitted to the general assembly convened in the form of a disciplinary Court, provided that any of its members who participated in the preliminary investigation shall be excluded from attendance in this case; and 4. The general assembly, after hearing the defence of the chief justice of the Court and investigating his defence, shall issue a ruling of acquittal or of referring the chief justice of the Court to retirement as of the date of the ruling, and the ruling shall be final and not

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 12 subject to appeal.

Article (20) 1. The accountability of the Court judges shall fall under the jurisdiction of a Judicial Accountability Board, to be formed under the chairmanship of the chief justice of the Court or his representative, and the membership of (4) four of its most senior judges. 2. When the place of any of the members of the Accountability Board becomes vacant or absent for any reason or if he has an impediment, the most senior judge shall replace him. 3. Any member shall not be prohibited from attending the Accountability Board if one of the board authority members contributed previously to the request of filing a disciplinary action against the judge. 4. The resolutions shall be issued by the ultimate majority of the attendees. If the opinions are equal, the side of the president shall be the casting vote. The resolutions shall be final and not subject to appeal.

Article (24) 1. If the Accountability Board finds a reason for completing the trial procedures of all or part of the accusations, the judge shall be committed to attending before the board within a period of no less than (5) five working days based on an order from the Board president. 2. The attendance request shall include an adequate statement for the action subject and the accusation evidence. The Accountability Board may, when it decided to complete the trial procedures, order the judge to stop performing the duties of his job. This detention shall not entail depriving the judge of his salary, unless the Accountability Board decides to deprive him of it in whole or in part, as long as it shall not exceed half. 3. The Accountability Board may review the resolution of stopping the work and depriving of the salary at any time either ex officio or upon the judge request.

Article (26) 1. Disciplinary trial sessions shall be held in secret, and the Public Prosecution shall be represented by an attorney whose rank is not less than a first attorney general. The judge appears in person before the Accountability Board, and he may present his defence in writing. He may also seek the assistance of an attorney from among the members of the judicial authority to attend with him.If the judge did not attend or did not appoint anyone on his behalf, a judgment may be in absentia after verifying the validity of its declaration. 2. The Accountability Board shall judge after hearing the requests of the public prosecution and the defence of the judge who shall be the last one to speak. 3. The judge may object to the judgment in absentia within (10) ten working days of being notified of the judgment. 4. The objection shall be based on a report filed with the case management office, and it shall require attendance at the session specified by the president of the Accountability Board. 5. The opposition entails re-examining the disciplinary action with regard to the opposing judge, and he may not be harmed in any way based on his objection. 6. If the opposing judge does not attend the session set for hearing the objection, the objection shall be considered as never filed. 7. The judgment issued in the objection or considering it as never filed, shall not be subject to appeal.

Article (30) 1. A federal decree shall be issued to implement the judgment issued for dismissal and the judgment issued for dismissal shall not affect the judge rights to a pension or reward. 2. In the event that a resolution is issued to transfer the judge to another non-judicial job, the transfer shall take place by a resolution of the Council of Ministers. 3. The Minister of Justice is in charge of executing the judgments issued by the Accountability Board regarding dismissal or transfer to another non-judicial job. 4. All penalties imposed on the judge shall be deposited in his job file.

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 16 Chapter Eight Procedures before Supreme Federal Court

Article (31) 1. Requests for examination of constitutionality to be raised before courts in respect of an action being tried by such courts shall be referred to the Supreme Federal Court by virtue of a grounded resolution from the Court, to be signed by the president of the competent circuit. Such resolution shall have the provisions to be examined if reference is made upon a resolution from the Court out of its own accord. 2. Whereas, if the challenge of lacking constitutionality is raised through the plea of one of the litigants in the action, and the Court has admitted such challenge, it shall fix a term for the challenger to submit his challenge to the Supreme Federal Court. If that term expires without the challenger having submitted evidence indicating that he has lodged his appeal in time, he shall be considered as having relinquished such plea. 3. If the Court rejects the plea, the rejection shall be pursuant to grounded judgment. The concerned parties may challenge that rejection along with the resolution to be issued on the merit of the action before the Court that has jurisdiction to examine the appeal to such resolution as long as the appeal thereto is admissible. 4. The Court before which the action is examined shall order a stay of the proceedings thereof until the Supreme Federal Court decides on the matter of constitutionality. The detention resolution shall be issued with the referral resolution referred to in the first item of this Article or following lodging the appeal within the term fixed by the Court as stated in item (2) of this Article.

Article (32) 1. The requests for interpretation of the international treaties and conventions that are

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 17 brought before the Courts in respect of an action being examined before such Courts shall be referred by virtue of a grounded resolution by the Court in accordance with the stipulation of the item (1) of the Article (31). It shall not matter whether such a request is filed subject to a resolution by the Court out of its own accord or by a serious plea from one of the litigants. In this regard, the provision of item (3) of Article (31) herein shall apply. 2. The discussion of the constitutionality of implementing the resolutions of international organisations and bodies, and the consideration of disregard for the rulings of foreign courts and the consequent obligations or those required to be implemented in the face of the state or any of its organs or components, shall be at the request of the Minister of Justice. Each interested party shall be deducted from the request, and a copy of the resolution or judgment required to be executed or not being considered, a certified translation thereof, and the reasons on which the request is based shall be attached thereto.

Article (33) 1. In the event of a conflict of jurisdiction between two or more of the judicial authorities referred to in items (10) and (11) of Article (4) herein, that these authorities have not abandoned hearing of the action or that all of these authorities have abandoned hearing the same or issued contradictory judgments thereon, the petition for designation of the competent court shall be submitted to the Supreme Federal Court by virtue of a petition based on the demand of one of the litigants or the Public Prosecutor. 2. Official copies of the disputed petitions or the contradictory judgments, as the case may be, shall be attached to the petition 3. The filing of the petition at the Supreme Federal Court clerks' department shall entail the

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 18 detention of the proceedings of disputed actions until the competent court is appointed. 4. The competent circuit at the Supreme Federal Court shall order the stay of the execution of the contradictory judgments until the enforceable judgment is determined. The chief justice of the Court may order the stay of the execution of such judgments until the matter is submitted to the competent circuit in the Court to adjudicate the action.

Article (34) 1. Actions and claims shall be brought before the Supreme Federal Court by virtue of a petition that includes, in addition to the details relating to the names, capacities, and residences of the litigants, the subject matter of the action, the constitutional or legal texts subject of the litigation, or the request for interpretation, as the case may be, in addition to the aspects of difference or obscurities in these provisions, and all the elements of the action or the claim and its foundations and supporting documents. 2. The petition shall be signed by the party filing the same. In case of Federal or local authorities in the individual Emirates that are members of the Federation, the petition shall be signed by the duly authorised legal proxy thereof. In case of petitions submitted by individual persons, it shall be signed by an attorney who is admitted pleading before the Supreme Federal Court. 3. The applicant shall supply with the original petition a sufficient number of copies thereof and the documentation folder in proportion to the number of litigants and the court panel.

Article (35) 1. As an exception to the provision of Article (34) herein, criminal appeals shall be filed before the Supreme Federal Court by the Public Prosecution, the convicted person, the person responsible for civil rights, the plaintiff, and the insured. The appeal shall take

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 19 place with a report containing the reasons for the appeal and shall be deposited at the case management office at the Court, and the appeal shall be recorded in the register prepared in this regard. 2. If the appeal is filed by the Public Prosecution, its reasons shall be signed by at least a chief prosecutor, and if it is submitted by others, its reasons shall be signed by an attorney acceptable to the Supreme Federal Court. 3. The Case Management Office of the Supreme Federal Court shall notify the challenged with a copy of the appeal report, and the respondent may file the case management office a memorandum responding to the appeal, within the time limit and procedures specified by law.

Article (36) 1. The Case Management Office of the Supreme Federal Court shall present the action file to the chief justice of the Court, who determines the competent circuit for adjudication, except for appeals in commercial, civil, administrative, personal, labour, and penal matters. 2. The chief justice of the Court or President of circuit shall appoint a judge from amongst the members of the mentioned circuit to prepare the action and set it for pleading. 3. The Case Management Office shall notify the parties to the action of the sessions that are set to prepare the action to appear before the preparation judge or a member of the court commissioners panel whenever the member deems it necessary. They may entrust the Public Prosecution with the fulfillment of the procedures it deems necessary to prepare the action.

Article (37)

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 20 Following setting the action for hearing and pleading, the judge in charge of such preparation shall submit a report that indicates the facts of the action and the legal issues raised in the dispute without expressing his opinion thereon. Immediately upon filing the said report, the Court clerks' department shall submit the action file to the president of the competent circuit to determine the session at which the action shall be examined. The clerks' department shall communicate to the concerned parties the date of the session and they shall follow up the action proceedings thereafter. The preparing judge shall act as rapporteur for the session. The President of the Court may delegate others for this purpose.

Article (39) 1. If any of the departments of the Supreme Federal Court, while it is in the process of considering an action, request, or appeal, deems that, in other than the constitutional articles, a stable principle of the Court has departed, or that there are conflicting legal principles previously issued by the Court, it may submit a request to the president of the Court to form a body headed by him or headed by a member of the Court. He shall take his place and the senior (4) four judges of the Court, provided that the number of alternated of them shall not exceed two judges, to adjudicate on it. 2. In this event, the action shall be adjudicated by the general assembly in its full composition.

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Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 21

Article (41) 1. Judgments of the Supreme Federal Court in constitutional actions and its resolutions with interpretation are binding on all state authorities and for everyone. 2. A judgment of the unconstitutionality of a provision in a law or regulation shall result in its inadmissibility from the day following the publication of the judgment unless the judgment specifies another date in this regard, provided that the judgment of the unconstitutionality of a tax provision has in all cases only a direct effect, without prejudice to the plaintiff benefit from the ruling that this provision is unconstitutional. 3. If the judgment of unconstitutionality is related to a penal provision, judgments of conviction issued based on that provision shall be considered as never filed. 4. The chief justice of the Court or the president of the College of Commissioners, as the case may be, shall inform the public prosecution of the judgment as soon as it is pronounced in order to take action.