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National Report on the State of the Judiciary in the Emirate of Dubai

National Report on the State of the Judiciary

in the Emirate of Dubai

Workshop

The Initiative of the United Nations Development Programme

and the Programme on Governance in the Arab Region (UNDP-POGAR)

“The Rule of Law and the Good Governance in the Arab Region”

Arab Center for the Development of the Rule of Law and Integrity (ACRLI)

Beirut, 30 September 2004

Table of Contents

SECTION ONE : ORGANIZATION OF THE JUDICIARY............................................................. 2

I. THE COURTS................................................................................................................................................ 2 COURT OF FIRST INSTANCE ........................................................................................................................ 2 COURT OF APPEALS .................................................................................................................................. 3 COURT OF CASSATION................................................................................................................................ 4 II. JUDICIAL COUNCIL ..................................................................................................................................... 7 III. PUBLIC PROSECUTION ................................................................................................................................ 8 IV. JUDICIAL INSTITUTE ................................................................................................................................. 11

SECTION TWO : ADMINISTRATION OF JUSTICE.................................................................. 12

I. JUSTICE DEPARTMENT............................................................................................................................... 12II. JUDICIAL INSPECTION ............................................................................................................................... 12

SECTION THREE : THE STATUS OF JUDGES ...................................................................... 14

Annexes

Annex No. 1: List of Legal Texts

Annex No. 2: Diagram of the Organization of the Judiciary and Administration of Justice

Annex No. 3: Salary Structure of Judges Employed in the Courts of the Dubai Government

Annex No. 4: Detailed Annex of the Types of Cases and Claims Reviewed by the Court of First Instance

Annex No. 5: Cases and Claims Reviewed by All Appellate Departments


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The Judiciary in the Emirate of Dubai

Introduction

As is the case in all legal systems in the countries of the civilized world, the courts are divided, according to the level of litigation, into three tiers:

1. The Court of First Instance: This is the first tier of litigation.

2. The Court of Appeals: This is the second tier of litigation.

3. The Court of Cassation: This is the highest and final tier of litigation.

The courts of Dubai, in the three tiers of first instance, appellate and cassation, were not established by one law at the beginning, but rather, a succession of laws establishing the three tiers of courts. The first law was enacted on 8 September 1970, establishing the courts of Dubai and specifying their chief judge. It divided them into Shari’a and civil courts, and limited them to two tiers of litigation, first instance and appellate. Then, Law No. 2 of 1979 was passed, which created the High Court of Appeals, after which Law No. 1 of 1988 was enacted establishing the Court of Cassation. The situation remained as such until the enactment of Law No. 3 of 1992, establishing the structure of courts in the Emirate of Dubai, thereby unifying the three courts under one law. It stated that the courts shall consist of three courts: the cassation, appeals and first instance courts. That 2003 Law, which was made reference to by Law No. 1 of 2003, concerning the establishment of the Department of Justice recently, and which stated in Article 9 thereof that the courts shall be organized in accordance with the Court Structure Law of 1992, thereby affirming that said Law establishing the courts in Dubai continues to be in force and effect. Therefore, Law No. 1 [sic]of 2003 has joined courts of Dubai with the Department of Justice in terms of managing their financial and administrative affairs, as set forth in the provisions of Article 4 thereof, and kept the Court Structure Law of 1992 in force and effect when it came to managing their judicial affairs at the relevant office at the Department of Justice in the Emirate of Dubai. In addition to the Court Structure Law, and the law establishing the aforementioned Department of Justice, several laws and regulatory provisions were passed that addressed the issue of the affairs of different courts and judges. Among these are the following laws and statutes:

- Law No. 2 of 1992 concerning judicial inspection - Law No. 6 of [19]92 concerning the judicial council - Law No. 8 of 1992 concerning the public prosecution - Law No. 6 of 1994 concerning court fees - Law No. 1 of 1994 concerning court fees - Law No. 1 of [19]96 concerning the judicial institute


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- Law No. 1 of 1996 concerning the salaries of court judges - Statute No. 2 of [19]99 concerning end-of-service bonus for court judges

Following are the most important provisions included in the various laws and statutes concerning the judiciary in Dubai.

SECTION ONE: ORGANIZATION OF THE JUDICIARY

I. The Courts

According to the provisions of Article 3 of the Court Structure Law, they shall consist of 1) the Court of Cassation, 2) the Court of Appeals, and 3) the Court of First Instance.

A. The Court of First Instance

The Court of First Instance is the first tier of litigation, to which a petitioner can have recourse to claim a right, whatever it may be, or to obtain a service only provided through the court, whatever that right or service may be, provided that they are within the extent of the laws and statutes, regardless of whether or not these rights are of specified or unspecified value.

To facilitate the process for a petitioner to obtain these rights and services, the court was divided into a number of limited and general jurisdiction departments depending on the amount claimed on the civil side, and the seriousness of the crime committed against society on the criminal side.

For more in-depth information on the jurisdiction of the Court of First Instance, and the scope of its work, the petitioner can refer to Articles 23 and 24 of the Court Structure Law No. 3 of 1992 in the Emirate of Dubai.

Before stating the provisions of said Article 23, it is imperative to mention the provisions of Article 3 above concerning the Court of First Instance. Said Article states that the Court of First Instance “is the first-tier court that includes the civil and Shari’a courts. The judge shall have the right from time to time to order the formation of special courts or judicial committees, if he deems it appropriate for the review and disposition of any case or civil matter. The order to form these courts or committees shall include the method by which they are to be formed and their respective jurisdiction, and the procedures for appealing their decisions”. Special Decree No. 2 set forth the jurisdiction of the civil court as follows:


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“The Civil Court of Dubai is empowered with the right to adjudicate the following matters and cases:

1- Matters and cases arising out of insurance contracts and air and sea transport.

2- Matters and cases regarding policies and checks. 3- Matters and cases arising out of any financial or banking transaction in

which any bank or the Middle East Financing Company is a party thereto. 4- Matters and cases involving personal status, and the confiscation and

liberation of estates for non-Muslims.

For purposes of this Article, the term “personal status” shall include: trusteeship, guardianship, inheritance, lien and the lifting thereof, proof of maturity, appointment and removal of custodian and guardian, administration of absentees, marriages and separations and anything arising therefrom, alimony, parentage and custody and all that takes place between spouses that originates from a marriage contract, testaments, and granting permission to the guardian, trustee and governor, holding them accountable, and issuing rulings based on the results of this accounting.

The term “confiscation and liberation of an estate” shall include the confiscation and liquidation thereof and its distribution among the rightful heirs, determining the shares of each heir, maintaining the funds of minors, resolving claims of estate properties ownership, and issuing rulings in cases involving debts on such estates, provided that such claims or cases are brought prior to the distribution of the estate among the heirs.

The aforementioned Article 23 of the Court Structure Law includes a distinct limitation on the Court of First Instance as follows:

“The Court of First Instance is intended to mean a court of the first tier, whether it be a civil or Shari’a court, and shall have jurisdiction to hear all cases and matters, except those that are to be heard by a special court or special judicial committee pursuant to the provisions of this or any other law. In every civil and Shari’a court there shall be the following:

A. Limited-jurisdiction first-instance departments composed of a single judge, with jurisdiction to decide all civil and commercial cases that do not exceed in value the amount of 100,000 dirhams, as well as counterclaims, irrespective of the amount, and personal status cases. They also have jurisdiction to hear cases involving crimes that are of the nature of violations or misdemeanors, as well as personal right cases brought as part of the criminal action irrespective of the amount in question.


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B. General-jurisdiction first-instance departments composed of three judges, with jurisdiction to hear civil and commercial cases that exceed in value the amount of 100,000 dirhams, as well as cases of unspecified amounts, cases involving property ownership or property rights thereto, whatever the value of the property or right in dispute. They also hear cases involving felonies, which are brought by the public prosecution, and personal rights cases brought as part of a criminal action. Every first-instance department is presided over by the president of the court, and, if necessary, by the most senior judge thereat. Rulings issued by the aforementioned departments shall be final and not subject to appeal, provided that the amount of the claim does not exceed 3,000 dirhams.

B. The Court of Appeals

The Court of Appeals is the second stage of litigation to which a petitioner has recourse to appeal any ruling issued by the Court of First Instance. At such time, the petitioner may appeal such first-instance ruling before the Court of Appeals, whether or not the ruling was in his favor, for the purpose of amending or vacating the ruling, regardless of the nature of the rulings, be they Shari’a, civil or criminal. For more information on the jurisdiction of the Court of Appeals, the petitioner can refer to Articles 121 and 150 of Federal Law No. 11 of 1992 concerning civil procedure and Articles 21 and 22 of the Court Structure Law No. 3 of 1992 in the Emirate of Dubai. Articles 21 and 22 specifically address “the structure and jurisdiction of the Court of Appeals” as follows:

Article 21: The Court of Appeals shall consist of a president, vice-president, and a number of judges. It shall have departments to review criminal matters, and others to review civil, commercial, personal status and other matters. Every department shall be presided over by the president of the court or his vice-president, and, if necessary, by the most senior judge thereat. Rulings shall be issued by a panel of three judges.

Article 22:

1. Subject to the provisions of Articles150 and 151 of Federal Law No. 11 of 1992 concerning civil procedure, the Court of Appeals, as a civil court, shall review appeals brought against final civil rulings ending litigation and issued by the Court of First Instance, including rulings regarding personal status, except as otherwise excluded by law.

2. The Court of Appeals, as a criminal court, shall also review the following:

A. “Criminal sentences rendered by the Court of First Instance, which decide the matter in question, excluding therefrom rulings on issues of


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jurisdiction. In cases where the Court had no sentencing jurisdiction in the matter, such sentences may be appealed before the matter is decided.”

B. “[A]nd in criminal sentences and decisions that are brought to it pursuant to any other law.”

Annex No. 2 specifies the types of cases and claims that are subject to review by each of the appellate departments mentioned therein.

C. The Court of Cassation

The Court of Cassation is the third stage of litigation, to which the petitioner has recourse when not satisfied with a ruling issued by the Court of Appeals. The rulings of the Court of Appeals are appealed whenever the amount in question in any case exceeds 10,000 dirhams or the value of the matter in dispute was inestimable at the time the action was brought. The petitioner, in detailing this issue, may stand on the provisions of Articles 173-188 of Federal Law No. 11 of 1992 concerning civil procedure, and Articles 15-20 of the Court Structure Law in Dubai.

The aforementioned Articles 15-20 of the Court Structure Law determine the formation and jurisdiction of the Court of Cassation as shown below:

Article 15

1. The Court of Cassation shall be composed of a chief justice, deputy chief justice, and a number of justices.

2. At the court, there shall be departments to review criminal matters, and others to review civil, commercial, personal status and other matters. Every department thereat shall be presided over by the Chief Justice or his deputy, and, if necessary, by the most senior judge thereat.” Rulings are issued by a panel of at least five justices.

Article 16: The general assembly of the Court of Cassation shall be composed of its chief justice and all of its justices. It shall have jurisdiction to decide any civil or criminal case brought before it by any one of the Court’s departments, if such department was of an opinion to depart from a legal principle established by previous Court rulings. The general assembly shall issue its rulings unanimously or with an absolute majority of its members.

Article 17: The Court of Cassation, as a civil court, shall review rulings issued by the Court of Appeals in lawsuits that exceed in value the amount of 10,000 dirhams, and personal status cases and cases of unspecified value, in the following instances:


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1. If the ruling being appealed in cassation is premised on a violation, misapplication or misinterpretation of the law.

2. If there was an adjudicatory or procedural error that influenced the final ruling.

3. If the ruling being appealed in cassation was issued in violation of the rules of jurisdiction.

4. If the dispute was decided in a manner inconsistent with another ruling issued in the same matter between the same parties and had the force of res adjudicata.

5. The ruling lacked the proper grounds, or such grounds were insufficient or ambiguous.

6. If the issued ruling did not award the parties what was requested by them, or awarded them more than what was requested. The rulings issued by the Court of Appeals with regard to enforcement procedures shall not be subject to appeal by cassation.

Article 18: The Attorney General, by order of the Ruler or by himself, and in the interest of the law, shall have the right to appeal by way of cassation any final civil rulings, regardless of the issuing court, if such ruling was founded on a violation, misapplication or misinterpretation of the law, in the following cases:

1. Rulings that are by law not subject to appeal by the parties.

2. Rulings in which the parties missed the deadline for appeal or waived the appeal, or the appeal was denied. This appeal for cassation must be brought within one year from the date of issuance of the ruling in a document signed by the Attorney General. The Court shall review the appeal after summoning the parties. The parties are notified of this appeal for cassation.

Article 19: As a criminal court, the Court of Cassation shall review rulings issued by the Court of Appeals in felonies or misdemeanors in the following cases: 1. If the ruling being appealed in Cassation is premised on a violation,

misapplication or misinterpretation of the law.

2. If there was an adjudicatory or procedural error that influenced the final ruling.

3. If the court has ruled in a civil suit awarding the party more than it requested.


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4. If the ruling being appealed in cassation lacked the proper grounds, or such grounds were insufficient or ambiguous.

5. If two contradictory rulings were issued in one case.

Article 20: The Attorney General, by order of the Ruler or by himself, and in the interest of the law, shall have the right to appeal by way of cassation any final criminal sentences, regardless of the issuing court, if such sentence was founded on a violation, misapplication or misinterpretation of the law, in the following two cases:

1. Rulings that are by law not subject to appeal by the parties.

2. Rulings in which the parties missed the deadline for appeal or waived the appeal, or the appeal was denied. This appeal for cassation must be submitted on a bill signed by the Attorney General. The Court shall review the appeal after summoning the parties. Pursuant to this Article, the rendered sentence shall not have any force and effect unless it is rendered in favor of the convicted party or the party responsible for civil rights.

As for the judicial departments at the cassation level, they are as follows:

The First Department

It is a department that consists of five justices. It reviews appeals for cassation brought against rulings issued in general-jurisdiction commercial cases and general-jurisdiction civil cases, as well as limited-jurisdiction civil commercial cases, payment orders, summary cases, grievances and enforcement problems. It also reviews appeals for cassation brought against rulings issued at the first instance and appellate levels in misdemeanor and felony cases. It convenes on Saturdays of every week.

The Second Department

It is a department that consists of five justices. It reviews appeals for cassation brought against rulings issued at the first instance and appellate levels in cases involving inheritance for Muslims and non-Muslims, cases involving the status of monies of Muslims and non-Muslims, personal status cases for Muslims and non-Muslims, and [religious] endowment cases. It also reviews appeals for cassation brought against rulings issued in general-jurisdiction and limited-jurisdiction labor suits. It convenes on Sundays of every week.

D. Various Provisions

- The courts exercise their powers in accordance with:


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1. The applicable laws in the Emirate of Dubai.

2. The tenets of the Islamic Shari’a.

3. The tenets of conventional practice, except if they are in violation of the laws, public order or public morals.

4. The principles of natural justice, right and equity.

- The courts shall be located in the city of Dubai. They shall have the right to convene in any other place in the Emirate as decided by the Ruler.

- Courts shall be open to the public, and their hearings shall be open and public, unless the courts themselves decide otherwise in the interest of maintaining public morals.

- The rulings of the courts shall be issued in the name of the Ruler. They shall convene as prescribed by law, and capital punishment shall not be executed unless approved by the Ruler. There is nothing in the provisions of this Article that has any effect on the Ruler’s authority to grant a pardon, or commute or vacate the sentence, wholly or partially, or to stay the execution of any penal sentence that was rendered or may be rendered.

- The courts shall issue their rulings unanimously or by a majority vote when there is disagreement of opinion. Any ruling must include the opinion of the dissenting minority.

II. The Judicial Council

The judicial council was established pursuant to Law No. 6 of 1992, as amended by Law No. 6 of 2000. The judicial council is composed as follows:

- President of the Department of Courts: President of the council - Vice-President of the Department of Courts: Vice-president of the council - Chief Justice of the Court of Cassation: Member - President of the Court of Appeals: Member - President of the Court of First Instance: Member - Attorney General: Member

The law has determined the person who would replace the president or some members in the event of their absence.


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The council convenes upon the invitation of its president at the court compound or any other place decided by the council’s president. The council’s deliberations shall be closed and the session shall not be deemed proper unless there is a quorum of at least five members. Its decisions are issued by an absolute majority vote of the attendees. In case of a tie vote, the team with which the president voted shall win.

The council has the following jurisdiction:

1. Give opinion with regard to matters related to the judiciary and public prosecution, and suggest legislation that would enhance the judicial system.

2. Give opinion with regard to the appointment of judges and members of the pubic prosecution.

3. Review the periodic inspection reports, and any other inspection reports that concern judges and members of the public prosecution, in accordance with the rules set forth in the Judicial Inspection Law No. 2 of 1992.

4. Any other authorities granted to the Council by any other law.

The council may form a committee from among its members, to which it delegates its authorities as set forth in the third paragraph of the foregoing Article.

III. The Public Prosecution

The public prosecution was established in Dubai pursuant to Law No. 3 of 1992, which states in Article 1 thereof, as amended by Law No. 3 of 1995, the following:

“The public prosecution shall be composed of an attorney general, assisted by a sufficient number of solicitors-general, chief public prosecutors, and deputies and assistants thereof. In the absence of the attorney general, he shall be replaced by a solicitor-general, starting with the most senior and downwards, and, if necessary, the most senior chief public prosecutor. All of them shall perform their functions in accordance with the applicable laws.”

The functions of both the chief public prosecutor and deputy public prosecutor are divided into two categories: Chief Public Prosecutor (A) and Chief Public Prosecutor; Deputy Public Prosecutor (A) and Deputy Public Prosecutor.

Article 10, as amended by law, determined the terms and conditions for appointment to the public prosecution, as follows:


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1. That he is a fully competent Muslim male, without any prior convictions for breach of honor or trust, commendable and of good reputation.

2. That he is a national of the United Arab Emirates. If none are available, then other Arab nationals may be appointed.

3. That he received an academic degree in Islamic Shari’a or law from any recognized university or higher institute.

4. That he served the legally specified time doing judicial or legal work at any one of the courts, performing any of the functions of public prosecution, or teaching Islamic Shari’a or law at any university or higher institute recognized by the legal profession.

The appointment to the office of Attorney General shall be by decree, and the appointment or promotion of solicitors-general, chief public prosecutors, and deputies and assistants thereof, shall be by decree after obtaining the opinion of the Judicial Council.

Jurisdiction and Authorities of the Public Prosecution

- It is part of the judicial institutions. It has the authority to investigate and indict at the competent courts, and any other powers granted to it pursuant to any other law. I addition, it alone has the right to bring and prosecute a public action, unless otherwise stated by law. The public prosecution permits the initiation of a criminal action, if the victim himself comes forth as a personal plaintiff in accordance with the conditions stipulated in the law.

- The public prosecution is indivisible, as an investigative or accusatory authority. The members of the office of prosecution perform their function on behalf of the Attorney General. Any one of its members can substitute for another, and complete whatever procedures the other member had started, except as otherwise provided for by law.

- Members of the public prosecution follow the chain of command rule. Their responsibility is to comply with the orders of the Attorney General in anything having to do with their administrative affairs and initiating and prosecuting a case. All of them are administratively subordinate to the Ruler.

- Judicial police officers are answerable to the public prosecution with respect to the work they do within their jurisdiction.


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- The public prosecution is responsible for executing criminal sentences, and overseeing detention and apprehension centers, prisons and other places where sentences are executed.

Various Provisions

- Members of the public prosecution may not engage in any commercial activity or any other activity that is inconsistent with the independence of the judiciary. Members of the public prosecution are prohibited from engaging in any political activity.

- No criminal or civil action may be brought against any member of the public prosecution for any incidents related to the performance of their duties

- In all cases other than being caught in the act of committing a crime, no members of the public prosecution may be arrested or placed under protective custody, until a warrant has been obtained therefor from the courts. With respect to the cases of being caught in the act of committing a crime, the Attorney General must raise the matter to the courts within the following twenty-four hour period so as to decide what he will do about the matter.

- Members of the public prosecution may be seconded and delegated to perform legal work at government agencies, public organizations or institutions, and in other situations.

- The retirement age for members of the public prosecution is sixty years of age. If necessary, the term of service may be extended beyond the retirement age for a period to be decided by the Ruler.

- Salaries of public prosecution members are determined in a schedule annexed to Law No. 3 of 1995, as shown below:

Schedule No. 1 of the Grades and Salaries of Prosecution Members

StatusJob Description

Category Grade Base Salary

Housing Allowance

Transportation Allowance

Raisefor Social Activity and Children

Cost of Living

Allowance

Nature of Work

Allowance Total

Minimum Period to Remain at Grade

Single 13800 2500 1000 500 900 3000 21700

Married

Solicitor-General

First Second 13800 2500 1000 900 900 3000 23100

Single 11540 2500 800 500 900 3000 19240

Married

Chief Prosecutor (A)

FirstMid-Third 11540 2500 800 900 900 3000 20640

3 Years


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Single 9580 2500 800 500 900 3000 17280

Married

Chief Prosecutor

FirstThird

9580 3500 800 900 900 3000 18680

3 Years

Single 8000 2500 800 500 900 3000 15700

Married

Deputy Prosecutor (A)

Second Mid-Fourth 8000 3500 800 900 900 3000 17100

3 Years

Single 6000 2400 800 500 900 3000 13600

Married

Deputy Prosecutor

Second Fourth

6000 3500 800 900 900 3000 15100

3 Years

Single 4500 1800 800 500 900 3000 11500

Married

Assistant Prosecutor

Second Fifth

4500 2700 800 900 900 3000 12800 2 Years

VI. The Judicial Institute

The Judicial Institute was established pursuant to Law No 1 of 1996, as amended by Law No. 9 of 1997. Article 3 of said law stated that “an institute shall be established in the Emirate of Dubai to be called the Judicial Institute and shall be affiliated with the Attorney General”.

The purpose of the Institute is to achieve the following:

1. Prepare students to be qualified to work in the judicial field.

2. Prepare and train judicial support staff cadres to provide assistance to all judicial establishments.

3. Raise the legal educational level of judges and legalists who are working at official public departments, institutions and organizations, through the training courses offered by the Institute for this purpose.

The Institute is supervised by a board of directors composed of a chairman and at least four members among which is the director-general. They are all appointed pursuant to a decision by the Ruler.

The Board shall exercise the following functions and authorities:

1. Set the general policy of the Institute with respect to education and training, and oversee the implementation thereof.

2. Issue regulations for the management of the Institute and the conduct of business thereat.


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3. Appoint full tenure faculty at the Institute, accept their resignations and terminate their service.

4. Approve the curricula at the Institute and allocate the credit hours for education and training on the basis of the recommendations of the Academic Board.

5. Determine the starting and ending dates of the academic year, and set semester breaks, end-of-year breaks and school day hours, based on the recommendations of the Academic Board.

6. Approve the dates and schedules for the examinations, as well as distribute the work and form the committees therefor, based on the recommendations of the Academic Board. It also certifies the results of the examinations.

7. Approve the curricula for the training courses and the programs associated therewith, and set the starting dates and duration of these courses based on the recommendations of the Academic Board.

8. Suggest the general annual budget for the Institute and send it to the Ruler for approval.

The director-general is appointed pursuant to a decree issued by the Ruler wherein the grade and term of service of such director-general are specified.

The director-general shall exercise the following authorities:

1. Implement the Board’s decisions.

2. Manage the academic, administrative and financial affairs of the Institute in accordance with the Board’s decisions and whatever regulations are issued thereby.

3. Submit periodic reports to the Board at the end of every semester on the work and academic progress at the Institute.

4. Select the non-tenured faculty at the Institute, provided that it is done with the approval of the Chairman of the Board.

5. Do any other work he is tasked to do by the Board.

Practically speaking, the Institute is supervised by a board called the “Academic Board”. It is responsible for researching everything having to do with educational, cultural and training affairs, and submitting its recommendations to the Board of Directors on what it deems appropriate therefor.


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The Academic Board is composed of the director-general, as chairman, and seven members, four of whom are from the faculty of the Institute, and the other three from among distinguished law professors. All of them are selected by the Board.

The Academic Board convenes at the invitation of its chairman at least two times. It issues its decisions unanimously or by a majority vote of those in attendance. In the event of a tie vote, the team with which the chairman voted shall win.

The eligibility requirements for any applicant for the Institute are as follows:

1. That he is a national of the United Arab Emirates.

2. That he is fully competent, of good conduct and behavior, and without any prior convictions of a felony or misdemeanor violating honor and ethics.

3. That he received a college degree in law or Shari’a and law from a recognized university.

4. That he passed the admission test given by the Institute for this purpose in accordance with the rules set by the Academic Board.

5. That he is physically fit.

Subject to the conditions set forth in paragraphs 2, 3, 5, 4, 5 above, the Board shall have the right to accept students from Arab, Islamic and friendly countries to study at the Institute.

The Institute offers a minimum two-year study program. Graduates receive a diploma in legal and judicial sciences, which certifies that the graduate completed the academic requirements at the Institute as well as his final grade and date of graduation. A Master’s degree in legal and judicial sciences is given to students who fulfill the requirements of this degree as set by the Master’s academic program.

Students who are admitted as full-time students at the Institute are paid monthly salaries determined by the Ruler.

A graduate of the Institute who receives a diploma is appointed in a judicial job at the lowest salary grade level of 4, and a graduate with a Master’s degree is appointed while in his third year at grade level 4, all in accordance with Schedule 1 attached to Law No. 3 of 1995, amending the Public Prosecution Law No. 8 of 1992.

The Board can offer academic courses to judges, members of the public prosecution and legal employees at the departments and public institutions or


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organizations, as well as training courses for the clerical staff at the courts and the office of public prosecution. This is to improve their performance at their respective jobs. The Board grants a Certificate of Achievement to all those who have completed the training courses successfully.

SECTION TWO: ADMINISTRATION OF JUSTICE

1. Department of Justice

The Department of Justice was established pursuant to Law No. 1 of 2003, which states in Article 3 thereof that “[a] department shall be established in the Emirate, and shall be named the Department of Justice”.

The Department of Justice shall have the following authority:

1. Manage the financial and administrative affairs of the office of public prosecution, the courts and the office of judicial inspection, as well as the supervision thereof without prejudice to the independence of the judiciary.

2. Manage the affairs of the notary public office and oversee the work thereof.

3. Manage and supervise the affairs of the judicial institute.

4. Manage and supervise the affairs of the legal profession.

The department is under the supervision of the president, who is assisted by the vice-president in the administration thereof.

The president is appointed pursuant to a decree issued by the Ruler. He is responsible for overseeing the affairs of the department and the conduct of business thereat, as well as issuing the necessary decisions and instructions therefor. He also has the right to delegate all or some of his authorities to his vice-president.

The vice-president is appointed pursuant to a decree issued by the Ruler. He takes the place of the president in the event of his absence or when exercising whatever authorities are delegated to him by the president.

A director for the department is appointed pursuant to a decree issued by the Ruler. He oversees its administrative body.

Upon the enforcement of this law, all employees working at the courts, office of public prosecution, office of judicial inspection, judicial institute and office of the notary public, shall become part of the Department, and shall maintain their job


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grades in accordance with the applicable Statute of Employee Affairs in the Emirate of Dubai of 1992 or the work contracts they already have, whatever the case may be.

The president shall issue the necessary codes and regulations for the enforcement of the provisions of this law.

2. Judicial Inspection

The department of judicial inspection was established pursuant to Law No. 2 of 1992, which stated in Article 3 thereof that “[a] department of judicial inspection shall be established and become part of the Ruler’s office”.

The Department is composed of an adequate number of inspectors, provided that they are all qualified to perform judicial functions. They are appointed pursuant to decree issued by the Ruler.

Authorities of the Judicial Inspection

These authorities were set forth in Article 4 of the law, as follows:

“The Department shall have the authority to conduct inspections of court judges and members of the public prosecution, and investigate the complaints lodged against them. It may also perform the following functions:

A. Audit the records and files of cases filed with the courts and the office of public prosecution to ensure the proper filing and numbering thereof, and the level of care that goes into the maintenance of such records and files and the maintenance of their contents.

B. Audit the notices and ensure that they were duly prepared and done, and that the work was completed on a daily basis, including the sending out of letters to the relevant authorities.

C. Audit the cases that were decided, and verify that the provisions of the law were applied therein.

D. Examine the reasons behind the continuance of cases.

E. Inspect the departments responsible for enforcement, and audit their records, particularly the records of deposits in trust, and verify that orders to return the deposits in trust were honored and the deposits were paid back to their rightful owners.

F. Verify that the decisions of the enforcement judge were carried out on time; the decisions to incarcerate were implemented in compliance with


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the provisions of the law; and the auction took place in accordance with the law and in which the value of the assets were taken into consideration.

G. Inspect the departments of the public prosecution with respect to criminal cases and the appeals of sentences that were in violation of the law and procedure; and ensure that decisions to release prisoners on bail were issued in accordance with the law.

H. Review criminal sentences to ensure the notification and execution thereof.”

The inspection process takes place by going onsite to the court or the office of public prosecution. It may also be done at the Department’s headquarters. Court and public prosecution employees must, under penalty of disciplinary sanction, facilitate the work of the inspection department.

Inspectors may not examine any complaint that is associated with a lawsuit pending before the courts. However, if the complaint had something to do with the personal behavior of a judge or a member of the public prosecution, inspectors shall investigate the complaint. The director must send the findings of the investigation to the President of the Judicial Council.

Inspectors shall have the right to issue subpoenas to witnesses, bring them, hear their testimonies, swear them in and determine their expenses. Every judge or member of the public prosecution shall have a secret file maintained at the Department, in which all complaints lodged against them, as well as the inspectors’ reports, any objections thereto and whatever sanctions were imposed, are filed. He shall have the right to review the contents of his secret file. At the Department, a special confidential file is prepared in which every judge and member of the public prosecution will have a record with an abstract of the contents of his secret file.

Complaints that are lodged against a judge or member of the public prosecution are entered in a special file. An inspector will investigate such complaints and submit by way of the director a report of his conclusions to the President of the Judicial Council.

The Department inspects not less than 65% of the work of judges and public prosecutors annually.

The director submits a report every three months to the President of the Judicial Council, showing therein the necessary statistics and data regarding the conduct of business at the courts and the office of public prosecution, and the extent of uniformity of this conduct. In addition, he submits a report every six months on the efficiency of judges or members of the public prosecution, and any other remarks about them. The grades for assessing the efficiency of a judge or


18

member of the public prosecution are as follows: above average, average, below average.

The President of the Judicial Council forwards to the relevant judge or member of the public prosecution a copy of the periodic report concerning him or whatever else is attributed to him. The latter has the right to raise any objections to that report within one week of his receipt thereof.

The President of the Judicial Council is responsible for submitting the periodic inspection reports, as well as any complaints or anything attributed to a judge or member of the public prosecution, and their objections thereto, if any, to the Judicial Council for review and decision whether to accept, modify, reject, file or complete the investigation procedures stated therein. In the latter case, the Council must hear the testimonies of the party against whom the complaint is lodged and the inspector who wrote the report prior to issuing its decision. In the event a sanction is imposed on a judge or member of the public prosecution, then such decision issued by the Council shall not be implemented until the Ruler has approved it.

In all cases, any decision issued by the Council must indicate the merits on which it is based; and when imposing a sanction, it must take into consideration the provisions of Article 22 of this law.

The sanctions that the Council may impose upon a judge or member of the public prosecution are as follows:

1. Censure.

2. Transfer to a non-judicial job.

3. Dismissal, while reserving his retirement or bonus right, or the relinquishment of one-fourth of either one.

SECTION THREE: THE STATUS OF JUDGES

1. Special Provisions

These provisions appeared in the Court Structure Law and other texts that will be mentioned as necessary.

- Judges shall be appointed by decree issued by the Ruler. - Judges may not engage in any commercial activity, and may not do any work

that is inconsistent with the independence and dignity of the judiciary.


19

- Criminal or legal actions may not be brought against any sentencing judge for anything having to do with the performance of his duties as a judge.

- Subject to the provisions of the foregoing paragraph, criminal actions against judges shall not be admissible unless approved by the Ruler.

There is nothing in this law that precludes the taking of any disciplinary measures against a judge.

2. The Financial Status of Judges

The salaries of judges in Dubai were determined pursuant to Statute No. 1 of 1996, as amended by Statute No. 1 of 1999 for the purpose of increasing these salaries, which are now as follows:

Starting Salary Annual Raise Ending Salary

Chief Justice of the Court of Cassation

22,000 - 22,000

Member of the Court of Cassation

15,000 300 18,000

President of the Court of Appeals

15,000 300 18,000

Member of the Court of Appeals

13,000 200 15,000

President of the Court of First Instance

13,000 200 15,000

Judge of the Court of First Instance

11,000 200 13,000

The annual raise is due after one year of service from the date of appointment, and is added to the base salary.

The judges listed above in the preceding paragraph are given a cost-of-living raise in the amount of 500 dirhams per month.

The Chief Justice of the Court of Cassation, President of the Court of Appeals and President of the Court of First Instance, are paid an allowance for their respective positions in the amount of 1,500 dirhams a month.

In addition to the aforementioned Statute, there is Statute No. 3 of 1999, which determines the salaries of judges who are citizens, and Statute No. 2 of 1999


20

concerning end of service bonus for sentencing judges as provided for in Article 2 thereof:

1. Court judges and judicial inspectors who are not citizens of the State shall receive an end of service bonus as follows:

- One month salary for every one of the first five years of service.

- One and one-half month’s salary for every one of the second five years of service.

- Two months salary for every year beyond that.

2. When calculating the period of service, a portion of a month shall be considered a whole month. The bonus shall be calculated on the basis of the last base salary received by the judge or judicial inspector at the end of his service.

Article 3: The provisions of this Statute shall apply retroactively from the date of appointment of the current non-citizen judges and judicial inspectors.

At the conclusion of this report, one can make an objective remark that the laws and statutes, which were recently adopted by the Emirate of Dubai, as well as the various judicial institutions established by the Emirate, are not less developed than the laws and institutions of the civilized world. It seems that that was its purpose, as was indicated in the introduction to this report.

However, good laws and institutions, even if they are a basic requirement for a successful and effective judiciary, are nonetheless not enough by themselves. What is more important, however, lies in the application and practice. Advanced laws and institutions, of which some can be borrowed from abroad, require a human element that is advanced enough so as to make these laws and institutions work in the practical sense. The challenge is now before this human element in whose hands are the reigns of success or failure.

However, the current situation is not conducive to expressing any opinion in this regard, due to the fact that no studies have been requested or done on the reality of the situation and due to the newness of the institutions in question. One must wait and see.

Remarks:

This report was prepared on the basis of the information that we were able to obtain from our correspondents or sources published in various media.


21

Therefore, we apologize if there is any incomplete or inaccurate information. We would hope that the reader can provide us with any piece of information that may complete or correct the content of this report or any part thereof.


1

Annex No. 1

Legal Texts Concerned with the Judiciary

DateText No.Type of Text

Title of Legal Text

18/7/19711ConstitutionThe Constitution

1/1/19833LawLaw establishing the Federal Judicial Branch

1/1/19961LawLaw establishing the Judicial Institute

1/1/19979LawAmendment to the Law establishing the Judicial Institute

1/1/19923LawLaw establishing the Court Structure

1/1/19941LawLaw establishing the Court Fees

1/1/19954LawLaw amending the Court Fees


1/1/199711 LawLaw amending the Court Fees


1/1/199820 Decision The Judicial Committee for Deciding Disputes

1/1/19928LawLaw establishing the Public Prosecution and amendments thereto

N/A3DecreeJurisdiction of the Civil Court

1/1/20003LawEstablishment of the Department of Courts

1/1/20031LawEstablishment of the Department of Justice

1/1/19881LawFormation of the Court of Cassation

11/6/19767Federal LawEstablishment of the State Audit Institution

Org

an

izati

on

of

the J

ud

icia

ry

CO

UR

TS

PU

BL

IC P

RO

SE

CU

TIO

N

Co

ns

ult

ati

ve

Off

ice

Gen

era

l

Ju

ris

dic

tio

n

Pro

secu

tio

n

Civ

il

Pro

secu

tio

n

Ap

pellate

an

d

Cassati

on

Pro

secu

tio

n

Co

urt

s o

f

Fir

st

Ins

tan

ce

Co

urt

of

Ap

peals

Co

urt

of

Cassati

on

Ad

min

istr

ati

on

of

Ju

sti

ce

Dep

art

men

t o

f

Ju

sti

ce

Ju

dic

ial In

sti

tute

Dep

art

men

t o

f

Ju

dic

ial In

sp

ecti

on

An

ne

x N

o.

3

Sa

lary

Str

uc

ture

of

Ju

dg

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Em

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d a

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the

Go

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f D

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des a

nd A

llocations o

f Judges in t

he C

ourt

s o

f D

ubai and T

erm

Lim

its

Allo

wance for

Academ

ic

De

gre

e in

th

e F

ield

B

ase S

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Ph.D

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aste

r’s

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nspo

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tion

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ns

Dir

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Ch

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n

Dir

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cia

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rrie

d/S

ing

le

Dir

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m

Cost of

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ing

Allo

wance

Dir

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m

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usin

g

Allo

wance for

Ma

rrie

d/S

ing

le

Dir

ha

m

Periodic

R

ais

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Dir

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mM

ax

Dir

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m

Min

Dir

ha

m

Jo

bD

escri

ptio

nC

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ry

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de

30

00

20

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10

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15

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10

00

30

00

90

0/5

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9

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35

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/25

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5

00

28

000

2

50

00

Chie

fJustice

of

the C

ourt

of

Cassa

tio

n

First

Sp

ecia

l

30

00

20

00

10

00

10

00

30

00

90

0/5

00

90

03

50

0/2

50

0

50

02

45

00

2

20

00

Deputy

C

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fJustice

of

the C

ourt

of

Cassa

tio

n

Fir

st

First

30

00

20

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10

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10

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30

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90

0/5

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03

50

0/2

50

0

50

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15

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1

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Justice

of

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30

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15

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month

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r every

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less

of num

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of child

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90

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90

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50

0/2

50

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40

01

85

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1

65

00

Pre

sid

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t of th

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Court

of

Ap

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als

F

irst

Second

30

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20

00

10

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10

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30

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90

0/5

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0/2

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1

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Vic

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Pre

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Court

of

Ap

pe

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Fir

st

Second

10

00

20

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10

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10

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30

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90

0/5

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0/2

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1

35

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Ju

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f th

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of A

ppeals

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30

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20

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90

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Pre

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of

First

Insta

nce

Fir

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30

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nce

S

econd

Fo

urt

h


1

Annex No. 4

Detailed appendix of the types of cases and claims heard by the Court of First Instance, with an illustration of the competent department that decides the cases shown:

Types of Cases

General Jurisdiction Commercial Cases

General Jurisdiction Civil Cases

Limited Jurisdiction Civil and Commercial Cases

General Jurisdiction Labor Cases

Limited Jurisdiction Labor Cases

Payment Orders

Orders on Petitions

Summary Cases

Liens

Grievances

Inheritance of Muslims

Inheritance of Non-Muslims

Inclusion, Exclusion and Inheritance of Muslims

Inclusion, Exclusion and Inheritance for Non-Muslims

Court Declarations of Legal Heirs to a Person’s Estate

General-Jurisdiction Commercial Cases

General jurisdiction commercial cases are those in which the plaintiffs seek the protection of legal statuses or financial or property rights, arising from commercial activities per se or the professional engagement therein, or arising from commercial acts and transactions, whenever the disputed rights are of unspecified value or exceed in value the amount 100,000 dirhams and have no labor connections or personal status, legacies and endowment ties.

Competent Department General jurisdiction with respect to value, subject to the rules of jurisdiction and rules of assignment in both the Civil Procedure Code and Civil Transactions Code.

Configuration of the Department

Three judges + court reporter (secretary).

Fees Relative, subject to brackets, maximum fees, multiplicity of motions and cause of action.


2

Inclusion and Intervention

Applicable, subject to the rules of procedure and the Fees Law.

Counter-Motions Applicable, subject to the rules of procedure and the Fees Law.

Annulment Applicable

Renewal Applicable, subject to grace periods, rules of procedure and the Fees Law.

Endowment Applicable

Dismissal by Statute of Limitations

Applicable

Expediting Applicable, subject to grace periods, rules of procedure and payment of a fee of 100 dirhams.

Grievance Not applicable.

Appeal Applicable, subject to grace periods, the rules of procedure and the Fees Law.

Petition to Re-Consider Applicable, subject to grace periods, the rules of procedure and the Fees Law.

Intervention of the Public Prosecution

Applicable, in the event the defendant is a minor or under guardianship


3

Shari’a Notarizations

In terms of organization and preparation, marriage officials who are authorized to perform marriages by the Office of His Highness, the Ruler

Competent Department

Configuretion of the Department

Fees

Inclusion and Intervention

Counter-Motions

Annulment

Renewal

Endowment

Dismissal by Statute of Limitations

Expediting

Grievance

Appeal

Petition to Re-Consider

Intervention of the Public Prosecution

Department of Notarizations

Single judge + court reporter (secretary)

50 dirhams

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Judicial Departments

General Jurisdiction Civil and Commercial Department

It is a general-jurisdiction first-instance department composed of three judges, with jurisdiction to hear civil and commercial cases that exceed in value the amount of 100,000 dirhams, cases of unspecified amounts, and cases concerning ownership of property or property rights thereto, irrespective of the value of the property or right in dispute. It is presided over by the President of the First Instance Court. If necessary, the department may be presided over by the most senior judge thereat.


4

At the court there are four general-jurisdiction civil and commercial departments.

Criminal Department

It is a general-jurisdiction criminal department composed of three judges, with jurisdiction to hear criminal cases involving crimes punishable by either one of the following punishments: 1. Any one of the divine punishments or chastisement, excluding the trespasses of drinking liquor and slander. 2. Execution. 3. Life imprisonment. 4. Term imprisonment.

Limited jurisdiction civil, commercial and criminal departments

They are limited-jurisdiction first-instance departments composed of a single judge, with jurisdiction to decide civil and commercial cases that do not exceed in value the amount of 100,000 dirhams, and countersuits whatever the amount may be. It also has jurisdiction to hear criminal cases involving such crimes that are classified as violations or misdemeanors, and personal rights claims brought as part of a criminal suit irrespective of the amount thereof. At the court there are seven limited-jurisdiction civil and commercial departments, as well as six limited-jurisdiction labor departments and four limited-jurisdiction departments to hear cases of traffic violations. There are also three limited-jurisdiction departments to hear cases involving misdemeanors, immigration and residency violations, as well as ten departments to hear cases involving misdemeanors and violations. There is also a department to hear cases involving felonies and misdemeanors committed by juvenile delinquents.

Shari’a Department

It is a limited-jurisdiction first-instance department composed of a single judge, with jurisdiction to decide personal status cases, regardless of its amount, such as proof of marriage, divorce, child custody and the dismissal thereof, and all types of alimonies paid to wives, children and relatives, proof of paternity and lineage, estates, endowments, financial conditions of minors and those under guardianship, as well as the appointment, discharge and replacement of guardians and custodians.

Civil Enforcement Department

It is composed of the enforcement judge at the court, with jurisdiction to hear civil and commercial enforcement matters and whatever enforcement problems that may arise. It also issues decisions concerning executive seizures, conducts the sale of executively seized movables and properties at public auction and distributes the yield of such enforcement among the involved creditors. It also collects deferred court fees. There are two civil and commercial enforcement departments at the court.


5

Department of Civil Time-Critical and Summary Matters

It is composed of a judge in charge of time-critical and summary matters, with jurisdiction to review the orders on petitions that concern prohibition from travel and liens placed on bank accounts, movables, automobiles and ships, and the lifting of such liens. It also hears summary cases in civil commercial matters; and appoints, removes and replaces court receivers.

Department of Shari’a Time-Critical and Summary Matters

It is composed of a judge in charge of time-critical and summary matters, with jurisdiction to hear personal status and Shari’a money matters, and issues decisions regarding orders on petitions concerning personal status, as well as orders prohibiting travel and summary cases in Shari’a matters.


1

Annex No. 5

An illustration specifying the types of cases and claims that are reviewed by all of the appellate departments mentioned in this Annex.

Types of Cases

Departments 2, 3, 4, 5, 8, 9 General-Jurisdiction Commercial Cases

Departments 2, 3, 4, 5, 8, 9 General-Jurisdiction Civil Cases

Limited Jurisdiction Civil Commercial Cases


Composition of Department

Departments 2, 3, 4, 5, 8, 9, which are the ones that hear civil cases

3 Judges + secretary

General Jurisdiction Labor Cases



Civil Department No. 7


Limited Jurisdiction Labor Cases Competent Department


Civil Departments No. 7


Payment Orders Civil Department No.6

Composition of Department 3 Judges + secretary

Summary Cases



Civil Department No. 6


Inclusion, Exclusion and Inheritance of Muslims



First Department



2

Inclusion, Exclusion and Inheritance for Non-Muslims Competent Department


First Department


Money Status of Non-Muslims

Personal Status for Muslims

Personal Status for Non-Muslims

Endowment

Grievance

Enforcement Problems

JUDICIAL DEPARTMENTS

The First Department It is an appellate department composed of three judges, with jurisdiction to hear appeals brought against first-instance rulings in inheritance cases for Muslims and non-Muslims, money status cases for Muslims and non-Muslims, personal status cases for Muslims and non-Muslims and endowment cases.

Departments: (2, 3, 4, 5, 8, 9)

They are appellate departments composed of three judges, with jurisdiction to hear appeals brought against rulings issued in first-instance general-jurisdiction commercial and civil cases and limited jurisdiction civil commercial cases.

The Sixth Department

It is a department consisting of three judges with jurisdiction to hear appeals brought against first-instance rulings issued in payment orders, summary cases, grievances and enforcement problems.


3

The Seventh Department

It is a department consisting of three judges with jurisdiction to hear appeals brought against first-instance rulings issued in general and limited jurisdiction labor cases.

First Limited Jurisdiction Appellate Department

It is a department consisting of three judges with jurisdiction to hear appeals brought against first-instance rulings in odd-numbered misdemeanor cases.

Second Limited Jurisdiction Appellate Department

It is a department consisting of three judges with jurisdiction to hear appeals brought against rulings in felony cases.

Third Limited Jurisdiction Appellate Department

It is a department consisting of three judges with jurisdiction to hear appeals brought against first-instance rulings in even-numbered misdemeanor cases.

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