Legislation Details
- Full Title: Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials
- Law Type: Federal Decree
- Law Number: [number] of 2021
- Issued Date: 01 Sep 2021
- Effective Date: 10 Sep 2021
- Official Gazette: No. 711
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 35
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law regulates the accountability of ministers and senior federal officials in the United Arab Emirates. It establishes the procedures for investigating, prosecuting, and adjudicating criminal and disciplinary cases against these high-ranking government officials. The law aims to enhance transparency and good governance in the federal administration by holding senior officials accountable for their actions and decisions. It is an important piece of legislation that impacts the operations of the UAE government and the conduct of its top leadership. (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021)
What is the scope and purpose of this law?
The law applies to "Senior Officials in the Federal Government, in respect of what they do in the performance of their official jobs" (Art. 2(1)). This includes ministers, ministers of state, and other senior federal government employees appointed by federal decrees. The purpose is to establish a framework for investigating, prosecuting, and adjudicating criminal and disciplinary cases against these high-ranking officials for acts committed in the course of their official duties. (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- The Supreme Council: The Federal Supreme Council
- Council of Ministers: The Council of Ministers of the Federation
- Federal Government: The Federal Government of the State
- Competent Minister: Minister of Presidential Affairs
- Court: Federal Supreme Court
- Public Prosecution: Federal Public Prosecution
- Attorney General: The Attorney General of the Federation
- Senior Officials: Ministers and Senior Federal Officials appointed by Federal Decrees
- Minister: A member of the Council of Ministers, the Minister of State, and those appointed at the rank of Minister
- Official: A Non-Ministerial Senior Federal Government employee, appointed by Federal Decrees
- Accountability Case: A criminal accountability case for Senior Officials, or a disciplinary case for Senior Federal Government Officials appointed by Federal Decrees
(Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. The Public Prosecution must receive and investigate complaints, notices, and Audit Bureau reports submitted against any Senior Officials (Art. 3(1)). 2. If the complaint or notice is against a Minister, the Competent Minister must assess its seriousness and refer it to the Public Prosecution if it involves facts requiring accountability (Art. 3(3)). 3. The Public Prosecution must submit a report to the Competent Minister with the accusation and evidence if the investigation concludes the facts constitute acts requiring criminal or disciplinary accountability (Art. 4(2)). 4. The Public Prosecutor may issue precautionary orders prohibiting travel, freezing funds, or preventing disposal of funds of the Minister or Official (Art. 5(1)). (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021, Arts. 3, 4, 5)
What are the penalties for non-compliance?
The law specifies the following penalties that can be imposed by the court in cases of disciplinary accountability for financial and administrative violations: 1. Blame 2. Retiring 3. Dismissal from the job 4. Dismissal from a job with deprivation of a pension or bonus within the limits of a quarter (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021, Art. 8)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Public Prosecution, which receives complaints and notices, initiates investigations, and files accountability cases before the court (Arts. 3, 4). 2. The Federal Supreme Court, which adjudicates the accountability cases and issues final rulings (Art. 6). 3. The Supreme Council, which has the authority to authorize the filing of accountability cases and amend or revoke any permissions issued under this law (Arts. 2, 11). 4. The President of the State, who can be authorized by the Supreme Council to issue permissions and exercise the Council's powers under this law (Art. 2(3)). (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021, Arts. 2, 3, 4, 6, 11)
How are disputes resolved under this law?
The law provides the following dispute resolution mechanisms: 1. Grievances against the Public Prosecutor's resolutions to prohibit travel, freeze funds, or prevent disposal of funds can be submitted to the court, which must decide on the grievance within two weeks (Art. 5(2)). 2. Appeals against rulings issued by the Federal Supreme Court can be made by the Public Prosecution, the Minister or Official, and other concerned parties. The appeal is submitted to the President of the Court, who will form a circuit of six judges to issue a final judgment (Art. 9(1-2)). 3. Rulings imposing death sentences are automatically challenged before the Appellate Body (Art. 9(3)). 4. The Public Prosecutor can appeal rulings issued by the Court of First Instance in the interest of the law (Art. 9(4)). (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021, Art. 5, Art. 9)
When did this law come into effect?
This Federal Decree-Law came into effect on 10 September 2021, as per the Effective Date listed in the legislation details. It was issued on 1 September 2021 and published in Official Gazette No. 711. (Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials, 2021)
Source Documents
This article analyses Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.