Mohammed bin Rashid issues Law on Dubai Judicial Authority

In his capacity as Ruler of Dubai, Vice President and Prime Minister of the UAE, His Highness Sheikh Mohammed bin Rashid Al Maktoum has issued Law No (13) of 2016 pertaining to the Dubai Judicial Authority.

The Law aims to create a framework for the judicial system, and reinforce its independence in line with international standards. It also seeks to uphold civil rights and liberties and the rule of law, and ensure transparency, fairness and the efficiency of the judicial system.

The Law states that that the judicial system must ensure fair litigation for everyone and members of the judiciary must demonstrate high levels of integrity and professionalism. The Law also states that the judges are fully independent.

Pursuant to this Law, members of the judiciary who perform judicial actions within their jurisdiction are immune from lawsuits or any other legal action apart from those outlined in the terms, conditions and cases set forth in this Law. Moreover, the Law states that no petitionary action can be brought against any decision of the Dubai Judicial Council or Dubai Judicial Authority except through specified appeal procedures.

The Law also outlines the procedures for the formation as well as the hierarchy, functions and objectives of the Dubai Judicial Council. The Law also specifies the authorities of the Dubai Judicial Council, which include establishing the general guidelines for the judiciary, proposing draft bills and bylaws, approving the annual draft budget and submitting it to His Highness the Ruler of Dubai for final approval.

The Law authorises the Council to oversee the affairs of Dubai’s Courts, Public Prosecution and their subsidiaries. According to the Law, the Council may review reports on members of the judiciary prepared by the Judicial Inspection Department and take any required measures. The Council may also review, amend and change regulations governing human resources management within Dubai’s judicial institutions.

Pursuant to the Law, the Secretariat General of the Dubai Judicial Council provides support, administrative services, information, statistics and research to enable the Council to carry out its obligations and responsibilities.

The Law defines the levels of litigation and specialisations in Dubai’s Supreme Court, Appeal Court and First Instances Court.

The Law prescribes the specialised functions and authorities of all subsidiaries of Dubai Judicial Authority, including Dubai Courts, Dubai Public Prosecution, Dubai Judicial Inspection Department and Judicial Committees.

The previous legislations relevant to Law No (13) of 2016 remain valid until the required amendments are enacted. Law No (10) of 2009 pertaining to the salaries and benefits of the employees of Dubai Judicial Authority and its bylaws remains valid until updated through a Decree from the Ruler of Dubai.

This Law is effective from the date of issuance and will be published in the Official Gazette