General UAE Legal Questions LawFederal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority

Article (6) The Council shall exercise the following functions:

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Federal Decree-Law of 2022 On the Federal Judicial Authority 3 1. Supervise the independence of Judiciary. 2. Set the general policy for the development of the affairs of Judiciary and supervise the implementation thereof. 3. Decide on issues related to the Federal Judiciary and the Federal Public Prosecution in accordance with the legislation in force. 4. Propose legislation for the development of the Federal Judiciary and the Federal Public Prosecution. 5. Consider appointing Judges and Members of the Public Prosecution and referring them to retirement in accordance with the provisions hereof. 6. Decide on promotions, transfers, assignments and secondments of Judges and Members of the Public Prosecution in accordance with the provisions hereof. 7. Decide on requests and grievances related to the affairs of Members of Judiciary. The Council's decision regarding such grievances shall be final. 8. Issue a code of judicial conduct and the principles, obligations and directives that govern the work of Members of Judiciary. 9. Study the reports submitted to the Council on the progress of work in Courts and Public Prosecution Offices and take the necessary decisions in this regard. 10. Consider the necessary requirements for Members of Judiciary and take the necessary measures in this regard. 11. Approve the draft budget of Judiciary, supervise the implementation thereof; And approve the final account and submit it to the competent authorities for approval in accordance with the legal and regulatory procedures and controls approved by the Federal Government. 12. Other competencies stipulated herein or in any other federal law.

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-

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Federal Decree-Law of 2022 On the Federal Judicial Authority 4 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 (15) 1. The Federal Court of First Instance shall consist of a President and a sufficient number of Judges. It shall have: (i) one or more Circuits to consider criminal matters; (ii) one or more Circuits to consider civil and commercial matters; (iii) one or more Circuits to consider administrative matters; (iv) one or more Circuits to consider disputes related to personal status; and (v) one or more Circuits to consider disputes related to other specialized matters. The Court shall be administratively supervised by the President of the Court who shall choose their Deputy from among its Judges. 2. The formation of Circuits and the distribution of Judges among them shall be by a decision of the General Assembly based on the proposal of the President of the Court and the approval of the Head of the Judicial Inspection Circuit. 3. Each Circuit of the Court is headed by the President of the Court or one of its Judges. Judgments are handed down by one Judge unless the law provides otherwise.

Article (16) 1. The headquarters of the Federal Courts of Appeal shall be in the capitals of the emirates or the dependent regions. By virtue of a decision of the Council, such Courts may have Circuits in other regions. 2. The Federal Court of Appeal shall be composed of a President and a sufficient number of Judges. It shall have: (i) one or more Circuits to consider criminal matters; (ii) one or more Circuits to consider civil and commercial matters; (iii) one or more Circuits to consider administrative matters; (iv) one or more Circuits to consider disputes related to personal status; and (v) one or more Circuits to consider disputes related to other specialized matters. The Circuit shall be headed by the President of the Court or one of its Judges. The Court shall be administratively supervised by the President of the Court who shall choose their Deputy from among its Judges.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 7 3. The formation of Circuits and the distribution of Judges among them shall be by a decision of the General Assembly based on the proposal of the President of the Court and the approval of the Head of the Judicial Inspection Circuit. 4. The Federal Courts of Appeal are competent to consider appeals against judgments handed down by the Federal Courts of First Instance. They also consider the disputes falling within their jurisdiction in accordance with the provisions of the law. 5. Judgments shall be rendered by three Judges. Judgments shall be final. 6. The Criminal Circuit of the Abu Dhabi Federal Court of Appeal is exclusively competent to decide on cases related to crimes that directly affect the interests of the Federation, such as crimes related to the UAE's security at home or abroad and forgery crimes related to official documents or seals of one of the federal authorities, and currency counterfeiting crimes.

Article (18) Each Federal Court of First Instance or Federal Court of Appeal shall have a General Assembly. It shall convene at the invitation of the President of the Court or their Deputy, or at the request of at least one-third of its members to consider the following matters: 1. Formation of Circles. 2. Distribution of cases among Circles. 3. Determining the number and dates of hearings. 4. Organizing the Judges' leaves and work during the judicial leave and determining the cases to be considered. 5. Any other issues stipulated herein or assigned to it by a decision of the Council.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 8 The General Assembly may delegate some of its powers to the President of the Court.

Article (19) The General Assembly of the Court shall be composed of all its members. The General Assembly shall be chaired by the President of the Court, or, in the case of their absence, by their Deputy. If both of them are absent, the most senior of the members of the General Assembly shall chair the meeting. The meeting is valid only if it is attended by more than half of the General Assembly members. In the event that this quorum is not available, the General Assembly shall convene an hour later than the original time, and such meeting shall be valid only if it is attended by at least one-third of the General Assembly members. In the event that this quorum is not available either, the General Assembly shall be re-called to meet within a week, and such convening shall be valid regardless of the number of attendees.

Article (35) 1. The Federal Attorney General shall have jurisdiction over crimes that affect the interests of the Federation and other crimes whose jurisdiction is assigned to the Federal Judiciary in accordance with the provisions of the laws in force in the State. The territorial jurisdiction of the Federal Attorney General over other crimes shall be determined by the territorial scope of the Federal Judiciary. 2. The jurisdictions of the Federal Prosecutions shall be established and determined by a decision of the Federal Attorney General based on the approval of the Council. 3. The place of work and jurisdictions of members of the Public Prosecution shall be determined by a decision of the Federal Attorney General.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 12 4. The Federal Attorney General shall have a technical office consisting of a number of members of the Public Prosecution, and the jurisdiction of this office shall cover all the Emirates of the State.

Article (38) Whoever assumes Judiciary in the Federal Courts, or is appointed in the Public Prosecution, shall meet the following conditions: They shall: 1. Have full legal capacity; 2. Be a national of the United Arab Emirates State; 3. Be at least (28) twenty-eight years old (for the Judges of the Courts of First Instance); at least (30) thirty years old (for the Presidents of the Federal Courts of First Instance and their Deputies); at least (35) thirty-five years old (for the Judges of the Courts of Appeal);

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Federal Decree-Law of 2022 On the Federal Judicial Authority 13 at least (40) forty years old (for the Presidents of the Federal Courts of Appeal and their Deputies, the Federal Attorney General, the Assistant Attorney General and the Senior Advocates General and Advocates General); and at least (21) twenty-one years old (for the rest of the Members of the Public Prosecution); 4. Hold a degree in Islamic law, law, or Sharia and law from one of the universities or higher institutes recognized in the State, or an equivalent thereto; 5. Be of good conduct and reputation, and have not been previously sentenced by a Court or Disciplinary Board for a matter that violates honour or trust, even if they have been rehabilitated or the disciplinary penalty imposed on them has been removed; and 6. Pass the prescribed exams and training courses.

Article (39) Subject to the provision of Article (38) of this Decree-Law, Judiciary jobs in the Federal Courts and jobs in the Public Prosecution may be assumed by anyone who has spent periods not less than the ones mentioned below in judicial or legal work in one of the Courts or their equivalent jobs in the Public Prosecution, Fatwa and Legislation Departments, or in teaching Sharia Islamic law or law in one of the recognized universities or higher institutes or in the legal profession or other legal work that is equivalent to working in Judiciary and the Public Prosecution as determined by the Council: 1. (20) twenty years with regards to assuming the positions of Presidents in the Courts of Appeal and their Deputies, the Attorney General, Assistant Attorneys General and Senior Advocates General. 2. (14) fourteen years with regards to assuming the positions of Judges of the Courts of Appeal, Presidents of Courts of First Instance and Advocates General. 3. (10) ten years with regards to the positions of Vice-Presidents of the Courts of First Instance and Chief Prosecutors. 4. (9) nine years with regards to the positions of Judges of the Courts of First Instance and Assistant Chief Prosecutors. 5. (6) six years with regards to the positions of Senior Prosecutors and Prosecutors. 6. (3) three years with regards to the positions of Assistant Prosecutors.

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Article (44) 1. Promotion to higher positions in Judiciary and Public Prosecution shall be from the immediate lower positions and by a decision of the Council after spending the terms and fulfilling the conditions determined by the Council.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 15 2. Promotion shall be based on competence. In the case of a tie, the more senior candidate shall prevail. The competence of the Member of Judiciary is determined based on their actual work and inspection reports on them and the passing of training courses in accordance with the controls and conditions set by the Council in this regard. 3. The presidents of the courts of first instance and the courts of appeal shall be appointed by a decision of the Chairman of the Council, based on the proposal of the Head of the Judicial Inspection Department and the approval of the Council. The Chief Prosecutors and their superiors shall be appointed by a decision of the Federal Attorney General, based on the approval of the Council. 4. The Assistant Attorney General shall be appointed by a Federal Decree. The Council's approval is not required for such appointment.

Article (48) 1. The seniority of Members of Judiciary shall count from the date of the Decree issued for their appointment or the decision issued for their promotion, unless otherwise specified by the Decree or decision subject to the approval of the Council. 2. If more than one Member of Judiciary is appointed or promoted in one single Decree or decision, the seniority among them shall be determined according to their order in the said Decree or decision. 3. The seniority of Judges transferred to positions in the Public Prosecution that are similar to their grades shall count from the date they occupied the grade they were in prior to the transfer. The same provision applies to cases of transfer of Members of the Public Prosecution to Judiciary.

Article (50) 1. Members of Judiciary may not be transferred so as assume a job other than practising justice in Federal Courts or working in the Federal Public Prosecution except with their approval and by a decision issued by the Council. 2. The Members of the Public Prosecution may be transferred to Judiciary by a decision of the Council based on a proposal by the Attorney General in coordination with the Head of the Judicial Inspection Circuit. In all cases, a Member of the Public Prosecution may be transferred to Judiciary when they have worked in the Public Prosecution for (6) six years. 3. The transfer of Members of the Public Prosecution from one Public Prosecution Office to another shall be by a decision of the Attorney General.

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Article (55) 1. In case of necessity, the President of the Court of Appeal or President of the Court of First Instance may delegate one of their respective Courts' Judges to work in another Circle

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Federal Decree-Law of 2022 On the Federal Judicial Authority 18 therein for a period of one month. Such period may be renewed for a maximum period of (6) six months subject to the approval of the Judicial Inspection Circuit. 2. The delegation from one Court to another or from the Court of First Instance to the Court of Appeal shall be by a decision of the Council for a maximum period of (6) six months. Such period may be extended for another period. 3. The Attorney General may delegate Members of the Public Prosecution to a place other than their workplace and jurisdiction for a period not exceeding (3) three months. Such period may be extended for periods not exceeding (6) six months.

Article (57) 1. Members of Judiciary may be seconded and delegated, in part or in whole, to carry out legal work in government agencies, public bodies, public institutions, companies in which the government contributes a percentage in their capital, or with foreign governments or international bodies, by a decision of the Council subject to the approval of the concerned Member of Judiciary. 2. The secondment period must not exceed (4) four consecutive years. 3. The Council may extend the secondment period for a similar period if the national interest so requires.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 19 Chapter Three Salaries and Pensions of Members of Judiciary

Article (62) The tenure of the Members of Judiciary shall terminate only for one of the following reasons: 1. Their death; 2. Their resignation; 3. The expiry of the term of: (i) contracts made with contracting Members of Judiciary; or secondment of seconded Members of Judiciary. The termination of the contract or the secondment before the end of the period shall be in accordance with the legislation in force by a decision of the Council; 4. Referral to retirement by a Federal Decree before reaching the legal age in accordance with the provisions hereof; 5. Reaching the retirement age; 6. The Member of Judiciary is proven to be unable to carry out their duties for health reasons. The disability is established by a decision of the competent medical authority; 7. Disciplinary dismissal based on the reasons and in accordance with the procedures stipulated herein; or 8. Assigning them other non-judicial positions with their consent, or transferring them to a non-judicial position based on a ruling issued by the Disciplinary Board.

Article (63) 1. The legal age of retirement for the Members of Judiciary is when they reach the age of (65) sixty-five years. However, if they reach such age during the judicial year, they shall remain in service until the end of such judicial year. 2. It is permissible, when necessary, to extend the service of Members of Judiciary until after they reach the age of retirement for a period or periods, the total of which does not exceed (10) ten years, provided that each period is not less than one judicial year. Extension of service shall be by a Federal Decree issued by the President of the State upon the recommendation of the Council.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 21 3. Members of Judiciary may be retired if they have served a period of (30) years. Such retirement shall be by a Decree based on the recommendation of the Council.

Article (66) 1. Before assuming their duties, Judges shall take the following oath: "I swear by Almighty God to rule justly, to perform the duties of my office honestly and without fear or favouritism, and to be faithful to the Constitution and laws of the United Arab Emirates." 2. Before assuming their duties, Members of the Public Prosecution shall take the following oath: "I swear by Almighty God to stick to integrity and honesty in performing my work, to observe justice without fear or favoritism, and to be faithful to the Constitution and laws of the United Arab Emirates."

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Federal Decree-Law of 2022 On the Federal Judicial Authority 22 3. The oath shall be taken before the Chairman of the Council in the presence of the President of the Federal Supreme Court or the Attorney General, as the case may be. 4. The oath shall not be repeated upon promotion or upon transfer from Judiciary and Public Prosecution.

Article (75) 1. The Council, on its own initiative or upon a request from the Head of the Judicial Inspection Circuit, has the right to warn the Judge of what they have done in contravention of their duties or the requirements of their job, after hearing their statements. The warning notice shall be in writing. 2. The concerned Judge may file a grievance against the warning notice before the Council within (15) fifteen days from the date of their notification. The decision of the Council in the grievance shall be final. If the violation is repeated or continues after the warning notice becomes final, a disciplinary action shall be filed against the offending Judge. 3. The Attorney General may send a written warning to a Member of the Public Prosecution who breaches the duties of their position, after hearing their statements. The concerned Member of Public Prosecution may file a grievance against the warning notice before the Council within (15) fifteen days from the date of their notification. The decision of the Council in this regard shall be final. 4. If the violation is repeated or continues after the warning notice has become final, the procedures stipulated in Article (77) or Clause (3) of Article (93) of this Decree-Law shall be taken against the offending Member of Public Prosecution as the Council determines.

Article (76) 1. Disciplining Members of Judiciary is the responsibility of the Disciplinary Board. 2. The formation of the Disciplinary Board and its by-law shall be issued by a decision of the Council. The Disciplinary Board shall be chaired by the most senior President of the Federal Courts of Appeal who is not a member of the Council plus two of the most senior Judges of the Federal Court of First Instance as members. 3. The decisions of the Disciplinary Board may be appealed before the Council within ten working days from the date of their issuance or the notification of the person concerned with them. Such grievance does not stop the implementation of the appealed decision. The Council may amend the penalty by a reasoned decision. The Council shall issue a

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Federal Decree-Law of 2022 On the Federal Judicial Authority 25 decision setting the grievance procedures and rulings for consideration of and deciding upon grievances. The decision of the Council regarding such grievances is not subject to appeal by any method of appeal.

Article (79) 1. If the Disciplinary Board finds a reason to proceed with the trial procedures for all or some of the violations, it shall instruct the accused Member of Judiciary to appear before it within at least one week, based on a decision from the Chairman of the Disciplinary Board. 2. The summons must include a sufficient statement of the subject matter of the case and the evidence of the indictment. Upon deciding to proceed with the trial procedures, the Disciplinary Board may order to suspend the accused Member of Judiciary from carrying out their duties. 3. Such suspension shall not result in depriving the accused Member of Judiciary of their salary unless the Disciplinary Board decides to totally or partially deprive them of it. 4. The Disciplinary Board may reconsider the decision of suspension or deprivation of salary at any time, whether on its own initiative or at the request of a Member of Judiciary.

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Article (81) 1. The hearings of the disciplinary trials shall be in camera, and the Public Prosecution shall be represented there by someone whose rank is not less than an Advocate General. The accused Member of Judiciary shall appear in person before the Disciplinary Board. They may present their defence in writing and may seek the assistance of a lawyer from among Members of Judiciary. If the accused Member of Judiciary fails to attend by themselves or send a representative of themselves, then the ruling may be passed in their absence after verifying that they were duly notified. 2. The Disciplinary Board shall rule after hearing the requests of the Public Prosecution and the defence of the accused Member of Judiciary, and the accused Member of Judiciary shall be the last to speak. The accused Member of Judiciary may object to the in absentia judgment within (10) ten days following their notification in person of the in absentia judgment. 3. The objection shall be in the form of a report submitted to the Council's Secretariat. The accused Member of Judiciary shall attend the session specified by the Chairman of the Disciplinary Board in the objection report. 4. The objection entails re-examining the disciplinary action filed against the objecting Member of Judiciary, and they may not be harmed in any way based on filing their objection. 5. If the objecting Member of Judiciary fails to attend the session set for hearing their objection, then the objection shall be considered as if it did not exist and the judgment shall not be subject to appeal.

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Article (85) 1. A Federal Decree shall be issued to implement the dismissal judgment. Such dismissal judgment shall not affect the rights of the offending Member of Judiciary to pension or gratuity. 2. If a decision to transfer the offending Member of Judiciary to another non-judicial position is issued, such transfer shall be made by a decision of the Council of Ministers. 3. The Minister of Justice shall implement the Disciplinary Board's judgments issued for dismissal or transfer to another non-judicial position. 4. All penalties imposed on the offending Member of Judiciary shall be deposited in their job file.

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Article (86) 1. In cases other than flagrante delicto, a Member of Judiciary may not be arrested, remanded in custody, and their home or vehicle searched, except after obtaining permission to do so from the Council. 2. In cases of flagrante delicto, the Attorney General, upon arresting the offending Member of Judiciary and holding them in pretrial detention, shall refer the matter to the Council within the following (24) twenty-four hours. The Council shall convene as soon as the matter is presented to it, and the Council shall decide, after hearing the statements of the offending Member of Judiciary, whether to continue their detention or release them with or without bail. In that case statements may be heard through the use of modern technology means. 3. In the decision issued for detention or continuation of detention, the Council shall determine the period of such detention. The said procedures shall be taken into account whenever the continuation of pretrial detention is taken into account after the expiry of the period decided by the Council. 4. It is not permissible to take any investigation measure against the offending Member of Judiciary or file a criminal case against them except with the permission of the Council and at the request of the Attorney General. 5. Imprisonment of Members of Judiciary and the execution of freedom-restricting penalties against them shall be carried out in places separate from the places designated for other prisoners.

Article (87) 1. Imprisonment of a Member of Judiciary based on an order or judgment entails suspending them from performing their duties for the period of their imprisonment. 2. The Council, on its own initiative or at the request of the Attorney General or the Head of the Judicial Inspection Circuit, as the case may be, may order the suspension of the offending Member of Judiciary from their work during the investigation or trial procedures for a crime committed by them.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 29 3. Suspending a Member of Judiciary shall not deprive them of their salary during the period of suspension unless the Council decides to totally or partially deprive them of it. The Council, on its own initiative or at the request of a Member of Judiciary, may reconsider the order of suspension and deprivation of salary. Part Five Judicial Inspection

Article (88) 1. The Judicial Inspection Circuit reports to the Council. It shall be composed of a President, directors, and a sufficient number of senior judicial inspectors and judicial inspectors by way of appointment or delegation from among the Members of Judiciary. 2. A department shall be established at the Public Prosecution for the Judicial Inspection of Prosecution Offices and Public Prosecution members. Such department shall report to the Council. This department shall be supervised by a Member of the Public Prosecution with a rank of no less than an Advocate General who shall be assisted by a sufficient number of Members of Public Prosecution, each with a rank of no less than a Chief Prosecutor. 3. The Judicial Inspection by-law shall be issued by a decision by the Council based on the proposal of the Head of the Judicial Inspection Circuit and the Attorney General, each within their jurisdiction.

Article (89) 1. The Judicial Inspection Circuit is responsible for inspecting the work of the Presidents of the Federal Courts of First Instance and Federal Courts of Appeal, their Deputies and Judges, in accordance with the controls that ensure that the independence of Judiciary is not compromised. 2. The Judicial Inspection Circuit may conduct a general inspection of the Federal Courts of First Instance and Federal Courts of Appeal to determine the progress of work in them and the extent of the regularity of administrative and clerical work in them. 3. The Judicial Inspection Circuit is responsible for examining and investigating complaints lodged against Judges and Presidents of the Federal Courts of First Instance and Federal

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Federal Decree-Law of 2022 On the Federal Judicial Authority 30 Courts of Appeal, and their Deputies, related to their jobs and duties or their behaviour- related matters. 4. The Judicial Inspection Circuit may refer to the Council what it deems relevant to inspecting the work of Members of Judiciary in accordance with the inspection system issued by the Council. 5. The Public Prosecution Offices Judicial Inspection Department shall have the same competencies established for the Judicial Inspection Circuit in terms of the Members of Public Prosecution.

Article (91) 1. The concerned Member of Judiciary may file a grievance against the inspection report within (15) fifteen days from the date of their notification thereof. The grievance is submitted to the Council which shall decide upon it within a maximum period of one month, either by accepting the grievance or by rejecting it. The decision issued in the grievance may be appealed before the Federal Supreme Court within one month from the date on which the concerned Member of Judiciary becomes aware of it.

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Federal Decree-Law of 2022 On the Federal Judicial Authority 31 2. The Federal Supreme Court shall decide on the appeal after reviewing the papers and hearing the statements of the complainant when necessary. Its decision in this regard shall be final.

Article (92) 1. To be promoted, a Member of Judiciary is required to have a grade of at least "Very Good". 2. In the event that a Member of Judiciary obtains three successive reports with a grade of "Good" or two successive reports with a grade of "Weak" the Attorney General or the Head of the Judicial Inspection Circuit, as the case may be, shall refer the matter to the Council. The Council may decide either to refer the concerned Member of Judiciary to retirement, or transfer them to a non-judicial position, or terminate their secondment contract or employment agreement, as the case may be. The decision of the Council in this regard shall be final. 3. If a reason arises for a Member of Judiciary to be unfit for assuming justice jobs, the Attorney General or the Head of the Judicial Inspection Circuit, as the case may be, may request the Council to refer such Member of Judiciary to retirement, transfer them to a non-judicial position, or terminate their secondment or employment agreement. The Council may take what it deems appropriate towards examining such request, conducting any investigation that may be necessary in its regard, and issuing its decision either to reject the request or to approve it. In the case of approval, a Federal Decree shall be issued for transferring the concerned Member of Judiciary to a non-judicial position or referring them to retirement. 4. In the event that a Member of Judiciary is transferred to a non-judicial position, they shall keep receiving the salary they received prior to the transfer in their personal capacity, even if it exceeds the maximum limit of the salary of the position they are transferred to. The Secretary-General of the Council shall notify the concerned Member of Judiciary of the content of the Council's decision within (3) three working days from the date of its issuance. The tenure of the concerned Member of Judiciary shall cease from the date on which the Council's decision is taken.

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Article (93) 1. The Judicial Inspection Circuit shall prepare a draft of the judicial movement (i.e. rotation of Judges) and present the draft promotions to the Council, provided that coordination with the Federal Attorney General is taken into account with regard to the Federal Public Prosecution. 2. At least (30) thirty days prior to conducting the judicial promotions, the Council shall notify the Members of Judiciary who were supposed to be promoted but were not covered by the aforementioned draft for a reason not related to the competence report, and the reasons for the pass-over shall be indicated in the notice. 3. A Member of Judiciary, who has been notified that they have been passed over in promotion, has the right to file a grievance within (15) fifteen days from the date of their notification. The grievance shall be submitted to the Judicial Inspection Circuit or Department, as the case may be. 4. The Judicial Inspection Circuit or Department shall present the grievances to the Council for decision before conducting the judicial promotions. The Council issues its decisions regarding the approval of passing over or promotion after reviewing the papers and hearing the statements of those it deems necessary to hear. The decisions of the Council in this regard shall be final.

Article (94) 1. The Federal Supreme Court shall have the exclusive jurisdiction to adjudicate requests submitted by Members of Judiciary to cancel final administrative decisions related to any of their job affairs if the request is defective in formality, or if it is based on a violation of laws or regulations, mis-application or mis-interpretation thereof, or power abuse. 2. The Federal Supreme Court shall have exclusive jurisdiction to settle requests for compensation for those decisions and disputes related to salaries, pensions and gratuities due to the Members of Judiciary concerned or their heirs. 3. The request shall be submitted within (60) sixty days from the date of the concerned person's notification of the decision issued against them, in a statement filed with the Case

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Federal Decree-Law of 2022 On the Federal Judicial Authority 33 Management Office of the Federal Supreme Court containing the subject matter of the request and the supporting documents. 4. The President of the Court appoints one of its Judges to prepare the case and make arrangements for pleading. The President of the Court may issue the decisions necessary for the same. The case shall be prepared expeditiously. 5. The President of the Court shall determine the Circuit competent to consider the request. The Case Management Office at the Court shall notify the litigants with a copy of the statement and instruct them to attend the specified session. No fees are due for this request. The litigants may delegate the Secretary-General of the Council to appear before the Court. 6. The applicant shall undertake all procedures in front of the Circuit by themselves. They may present their defence in writing or delegate a Member of Judiciary other than the Judges of the Federal Supreme Court to do so. 7. The Circle shall decide on the request after reading the preparation report and hearing the defence of the applicant and the Public Prosecution representative, and the applicant shall be the last to speak. The judgment issued in the request is not subject to appeal by any method of appeal. Part Six Judicial Assistants

Article (98) 1. Disciplining Judges' assistants and Court and Public Prosecution Offices officials shall be before a Disciplinary Committee formed under the Chairmanship of a Judge and with the membership of a Prosecutor and one of the employees of the Ministry of Justice whose rank is not lower than the ranks of the person referred to the Disciplinary Committee. 2. The Council shall issue a decision to form one or more Disciplinary Committees. The decisions of such Disciplinary Committees shall be final. 3. The Disciplinary Committee may impose the disciplinary penalties stipulated in the legislation related to human resources in the Federal Government. 4. Court Presidents and Members of the Public Prosecution with a rank of no less than a Chief Prosecutor, within the limits of their jurisdiction, shall have the power to issue warning notices against Courts and Public Prosecution Offices assistants and employees. 5. The warning notice decision may be appealed before the Minister of Justice. The decision of the Minister of Justice on the grievance shall be final.