Legislation Details
- Full Title: Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts
- Law Type: Federal Law
- Law Number: (6) of 1978
- Issued Date: 05 Jun 1978
- Effective Date: 15 Jun 1978
- Official Gazette: No. 58
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 40
- Chapters/Parts: 0
- Amendments: 5
Summary
This Federal Law establishes the federal court system in the UAE and transfers the jurisdictions of local judicial authorities in certain Emirates to these federal courts. The law aims to unify the judicial system across the UAE, with federal courts of first instance and appeal taking over cases previously handled by local courts in Abu Dhabi, Sharjah, Ajman, and Fujairah. This centralization of the judiciary under federal control is a significant development that impacts businesses and individuals operating in these Emirates, as their legal disputes will now be adjudicated by the federal court system rather than local tribunals. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
What is the scope and purpose of this law?
The law establishes federal courts of first instance and appeal in the capitals of Abu Dhabi, Sharjah, Ajman, and Fujairah, transferring the jurisdictions of local judicial authorities in these Emirates to the new federal court system. The federal courts are granted jurisdiction over civil, commercial, administrative, and criminal cases, as well as personal status matters between individuals. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 1-3)
What are the key definitions under this law?
The law does not provide any specific definitions. It refers to "First Instance Courts", "Courts of Appeal", "Federal Courts of First Instance", and "Federal Courts of Appeal", but does not define these terms. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
What are the main obligations and requirements?
The law imposes the following key obligations: - The local judicial tribunals in Abu Dhabi, Sharjah, Ajman, and Fujairah must transfer their jurisdictions to the newly established federal courts. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 2) - Judges and public prosecutors working in the local tribunals must take a legal oath before the Minister of Justice to discharge their duties impartially. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 11) - The Minister of Justice must supervise the federal courts to ensure the proper administration of justice. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 14)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements under this law. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
What rights and protections does this law provide?
The law provides the following rights and protections: - Court hearings must be held in public, unless the court decides to hold them in closed chambers to maintain public order or morals. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 4) - Litigants may contest the verdicts of the federal courts before the Supreme Federal Court. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 7)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this law are: - The Minister of Justice, who has the authority to supervise the federal courts and form court circuits by decree. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 14) - The Attorney General, who administers the oath-taking of public prosecutors before the federal courts. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 11)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
What fees, charges, or financial provisions are specified?
The law states that legal fees before the federal courts shall be determined by a separate decree. Until such a decree is issued, the existing rules and regulations on fees will remain applicable. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 13)
What exemptions or exceptions apply?
The legislation does not provide any exemptions or exceptions. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
How are disputes resolved under this law?
The law allows litigants to contest the verdicts of the federal courts before the Supreme Federal Court, in accordance with the procedures set forth in the relevant legislation. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 7)
What are the key deadlines and time limits?
The legislation does not specify any deadlines or time limits. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
How does this law interact with other UAE legislation?
The law references the following related legislation: - The Provisional Constitution - Federal Law No. (1) of 1972 regarding the capacities of ministries and the powers of ministers - Law No. (10) of 1973 regarding the Supreme Federal Court - Law No. (1) of 1974 to reorganize the governmental structure in the Emirate of Abu Dhabi - Federal Law No. (17) of 1978 and Federal Law No. (3) of 1983 (regarding procedures before federal courts) (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978)
When did this law come into effect?
This Federal Law came into effect on 15 June 1978, the date of its publication in the Official Gazette. (Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts, 1978, Art. 16)
Source Documents
This article analyses Federal Law Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts 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.