Sharjah Ruler issues law regulating judicial authority in Sharjah

Sharjah 24

06-05-2025

The law included the following judicial principles:
1. The judiciary serves as the cornerstone of justice, ensuring the right to a fair trial for all individuals. Any actions that contravene this foundational principle are strictly prohibited.
2. Litigation is a protected and guaranteed right afforded to every individual. All parties involved in legal proceedings are entitled to equitable treatment. Litigants shall be regarded as equal under the judiciary, free from any form of discrimination.
3. Judges operate with independence in the execution of their responsibilities. They are accountable solely to the provisions of the Constitution and the law, free from any external authority. The independence of the judiciary is inviolable.
4. The honor, integrity, conscience, and impartiality of judiciary members serve as safeguards for rights and freedoms.
5. The right to legal defense is guaranteed to litigants throughout all phases of investigation and trial.
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The legislation encompasses provisions pertaining to the Judicial Council, which is mandated to consist of a Chairman and the following members:
a. The Chairman of the Judicial Department.
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b. The Chairman of the Sharjah Government Legal Department.
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c. The Chairman of the Court of Cassation.
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d. The Attorney General.
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e. The Chairman of the Judicial Inspection Department.
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f. The Chairman of the Courts of Appeal.
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g. The Chairman of the Courts of First Instance.
The members of the Council are appointed through an Emiri Decree, which also designates a Vice-Chairman from among the Council members.
The objectives of the Council are as follows:
1. To ensure the independence, integrity, and impartiality of the judiciary.
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2. To implement the Emirate's vision and strategy for the advancement of the judicial system.
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3. To reinforce judicial ethics.
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4. To promote the principles of justice and uphold the rule of law.
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5. To assess the efficiency of the Emirate's judicial system in accordance with established international judicial indicators.
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6. To contribute to the development of various sectors within the Emirate by delivering a fair and progressive judiciary.
In accordance with the law, the Council shall exercise the following powers to fulfill its objectives:
1. Formulate overarching policies and develop strategic plans, programs, and projects pertinent to the Council's operations, subsequently presenting them to the Council Chairman for appropriate consideration and action.
2. Propose, prepare, and articulate opinions regarding legislation and regulations that impact the Council's responsibilities and the judiciary.
3. Oversee the operations of the judiciary within the emirate, supervising its various affairs and supporting agencies to ensure effective functionality.
4. Regulate restorative justice initiatives and issue pertinent regulations and decisions that facilitate the resolution of cases through conciliation.
5. The Council shall review and make determinations on the following matters:
a. Reports submitted by the Judicial Inspection Department concerning members of the judiciary.
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b. Issues pertaining to the judiciary within the emirate, in accordance with applicable legislation, as well as requests submitted by judiciary members.
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c. The appointment, termination of service, or retirement of members of the judiciary, in accordance with the provisions established by this law.
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d. Promotions, transfers, secondments, and loans of members of the judiciary, as prescribed by the relevant law.
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e. Grievances and requests related to the affairs of judiciary members. The Council's decisions regarding these grievances shall be deemed final.
6. Establish controls regarding the nomination, training, and qualification of judiciary members, including participation in international missions and conferences, along with the mechanisms for implementation to ensure the enhancement of their judicial performance.
7. Outsource and privatize judicial and legal services, accompanied by the issuance of relevant decisions and regulations, and establish appropriate fee structures.
8. Approve the draft annual budget for the Council and the Judicial Department and submit it to the Ruler for approval in accordance with established procedures.
9. Prepare a comprehensive report at the conclusion of each judicial year detailing achievements, obstacles encountered, and proposals concerning judicial affairs, and submit this report to the Governor.
10. Approve contracts, agreements, memoranda of understanding, and partnerships based on proposals from the Head of the Judicial Department, the Attorney General, and the Head of the Inspection Department, each operating within their respective jurisdictions.
11. Establish permanent or temporary committees and working groups consisting of Council members to assist in fulfilling its mandate. The Council President shall define the roles and operational procedures for these committees.
12. Seek assistance from competent authorities for both administrative and technical support. The Council may also enlist experts, consultants, and specialized consulting firms in all matters pertinent to its operations, collaborating with other entities on issues that align with its objectives.
13. Develop a code of judicial conduct that encompasses the principles, obligations, and directives governing members of the judiciary.
14. Execute any other duties as may be assigned by the Ruler.
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The legislation encompasses legal provisions concerning the convening of the Judicial Council and its General Secretariat.
The law establishes that the objectives of the Judicial Department are to:
1. Uphold the principles of justice, equality, and the rule of law.
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2. Facilitate developmental progress within the emirate by ensuring the provision of a fair and impartial judiciary.
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3. Actualize the emirate's vision and strategic goals pertinent to the enhancement of the judiciary and judicial services.
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In accordance with legal provisions and without compromising the independence of the judiciary, the Judicial Department shall exercise the following powers to fulfill its objectives:
1. Formulate overarching policy guidelines and develop strategic plans for the Department, subsequently presenting them to the Council for deliberation and decision-making.
2. Propose requisite legislation and regulations pertinent to the Department's operations and submit them to the Council for appropriate consideration.
3. Enter into contracts, agreements, memoranda of understanding, and partnerships, contingent upon the Council's approval.
4. Seek the expertise of specialists, consultants, and consulting firms for all matters related to the Department's functions. The Department may also engage relevant entities for administrative and technical support.
5. Propose and gather fees for services rendered by the Department and the Judicial Authority, subject to the Council's approval and ratification by the Executive Council.
6. The provision of administrative and financial support to the judiciary and the Public Prosecution, alongside the organization of judicial services.
7. The qualification and training of members of the judiciary, their assistants, members of government cases, judicial officers, attorneys, experts, and departmental employees, tailored to their specific areas of specialization.
8. The provision of technical support and the implementation of digital and intelligent systems for judicial and legal services and operations delivered by the department and the judiciary.
9. The representation of the emirate in organizations, meetings, conferences, and seminars pertinent to the jurisdiction of the department at both local and regional levels.
10. The organization, monitoring, and supervision of the work of the following departments:
a. Department of Government Cases.
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b. Department of Minors and Absentees' Assets.
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c. Department of Forensic Medicine.
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d. Department of Lawyers' Affairs and Legal Consulting Offices.
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e. Department of Experts and Translators.
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f. Department of Notary Public, Authentication, and Certification.
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g. Department of International Cooperation.
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h. Sharjah Institute of Judicial Sciences.
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i. Rental Disputes Center within the emirate.
11. Any additional powers delegated by the Governor, the Executive Council, or the Council.
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The legislation mandates that the headquarters of the Judicial Department be situated in the city of Sharjah, with the option to establish branches in other cities and regions of the emirate, as authorized by a resolution from the Council.
The administration of the Judicial Department shall be under the leadership of a President, who will be appointed through an Emiri Decree. The President will be supported by a sufficient number of personnel, experts, and advisors, in accordance with thedepartment's organizational structure. The President will possess the requisite powers and authority to manage the Department's operations and make decisions necessary for the achievement of its objectives.
The legislation also delineates the courts that are subordinate to the Judicial Council, which include:
1. The Court of Cassation.
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2. The Courts of Appeal.
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3. The Courts of First Instance.
The courts possess the authority to adjudicate all disputes and criminal matters within their jurisdiction in accordance with the provisions of the applicable legislation. Each court is composed of a president, along with a sufficient number of judges and administrative personnel. The president of the court serves as the administrative supervisor of the judges and leads the court staff.
According to legal stipulations, courts are prohibited from convening their sessions outside their principal headquarters unless a decision by the Council permits such an action. Furthermore, courts are authorized to conduct their sessions remotely through modern communication technologies, as regulated by the Council.
The law designates the Court of Cassation as an independent judicial entity and the highest judicial authority within the emirate, with its headquarters located in the city of Sharjah. The Court may, on exceptional occasions, hold its sessions in any city within the emirate as deemed necessary. The Court of Cassation is comprised of a president, a vice president, and a sufficient number of judges appointed through an Emiri decree. In the absence of the president for any reason, the vice president shall assume the president's responsibilities. The Court is organized into judicial circuits that review applications and appeals in accordance with the provisions outlined in the law.
The establishment, composition, and jurisdiction of the circuits within the Court of Cassation shall be determined by a decision of the President of the Court of Cassation, subject to the approval of the General Assembly, ensuring that each circuit is staffed with no fewer than three judges.
According to the law, Courts are prohibited from conducting their sessions outside of their principal headquarters unless such an action is authorized by a decision of the Council. Furthermore, courts may convene remotely utilizing modern communication technologies in accordance with the regulations established by the Council.
The law designates the Court of Cassation as an independent judicial entity and the highest judicial authority within the emirate, headquartered in the city of Sharjah. It may, under exceptional circumstances, conduct its sessions in any city within the emirate as necessary. The Court of Cassation is structured to include a president, a vice president, and a sufficient number of judges, all of whom are appointed by Emiri decree. In the absence of the president, the vice president shall assume the responsibilities of the court's leadership. The Court will consist of various judicial circuits tasked with examining applications and appeals submitted in accordance with the provisions of this law.
The establishment, composition, and jurisdiction of the circuits within the Court of Cassation shall be determined by a decision of the President of the Court of Cassation, pending approval from the General Assembly. It is stipulated that each circuit shall comprise no fewer than three judges.
According to the law, the jurisdiction of the Court of Cassation is as follows:
a. To adjudicate appeals against judgments rendered by appellate and other courts in instances where the law permits appeals by cassation.
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b. To resolve matters of conflict of jurisdiction between judicial bodies within the emirate.
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c. To unify judicial principles and jurisprudence, thereby ensuring the accurate application of the law.
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d. To hold members of the Executive Council, heads of local government departments, and individuals of comparable standing accountable for actions undertaken during the execution of their official responsibilities, contingent upon referral from the Executive Council or its designated representative.
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e. To adjudicate the grounds for appeal in cases where the Public Prosecutor files an appeal in the interest of the law, in accordance with the provisions outlined in the Federal Civil Procedures Law.
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f. To hear appeals submitted following the enactment of this law.
The legislation also encompasses provisions pertaining to the Board of Commissioners and the Technical Office of the Court of Cassation.
It is stipulated that the Court of Appeal shall possess its primary headquarters in the city of Sharjah. The Council may, by decree, establish additional headquarters, circuits, or courts in other jurisdictions within the emirate. The President of the Courts of Appeal is tasked with issuing a decision to appoint a representative from among its judges to oversee the Court, subject to the approval of the Council. The Court of Appeal shall comprise a President and an adequate number of judges, organized into judicial circuits to address the applications and appeals submitted to it. Each circuit shall consist of no fewer than three judges, with the circuit chaired by the President of the Court or by one of the appointed judges. The President of the Court will supervise the court and appoint a deputy from among its judges, as determined by the President.
Pursuant to the provisions of the law, the establishment of circuits and the allocation of judges will be determined by the General Assembly, based on a proposal put forth by the President of the Court of Appeal and following notification from the Head of the Judicial Inspection Department. The Courts of Appeal shall hold the authority to adjudicate appeals filed against judgments rendered by the Courts of First Instance and to resolve disputes under their jurisdiction in accordance with existing legislative provisions.
In accordance with the provisions of the law, the primary court shall be established in the city of Sharjah. The Council may, by resolution, designate additional headquarters or departments in various regions. Furthermore, the Council holds the authority to establish primary courts within the cities of the emirate and appoint a president for each court. These courts shall operate under the administrative oversight of the President of the Primary Courts. Generally, rulings shall be rendered by a single judge unless otherwise stipulated by relevant legislation. The Council may also resolve to form one or more panels comprising three judges to adjudicate specific types of cases.
The law mandates that the primary court shall be composed of a president and a sufficient number of judges, organized into judicial circuits to address the applications and cases it receives. Each circuit will be presided over by either the court president or one of the judges within the circuit. The court president is responsible for supervising court operations and shall appoint a deputy from among the judges, as chosen by the president. The organization of the circuits and the assignment of judges shall be determined by a decision of the General Assembly, based on a proposal from the president of the primary court, and following notification from the head of the Judicial Inspection Department.
The establishment of a specialized court shall be contingent upon a decision made by the Council, which will appoint a president and a vice president. In the absence of the president, the vice president shall assume their responsibilities. The specialized court may comprise both first instance circuits and appellate circuits, with the configuration and jurisdictions of these circuits being determined by a decision issued by the Council President.
Furthermore, the law delineates provisions concerning the general assemblies of courts and temporary committees. It is mandated that each court convenes a general assembly, which shall gather at the invitation of the court president or vice president, or at the request of no fewer than one-third of its members. The general assembly is responsible for addressing the following matters:
a. The formation of circuits.
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b. The allocation of cases among the various circuits.
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c. The determination of the number of sessions and their corresponding dates.
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d. The regulation of operations during judges' annual leave.
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e. Any additional matters delegated to the assembly by a decision of the Council.
The General Assembly possesses the authority to delegate certain powers to the President of the Court. Additionally, the Public Prosecution may be invited to attend meetings of the General Assembly, during which its representative is permitted to provide insights regarding the operations of the Public Prosecution. Each court's General Assembly shall comprise all its members and will be presided over by the President of the Court; in the absence of the President, the deputy will assume the role of chair.
Moreover, the law encompasses further legal provisions pertaining to the conduct of General Assembly meetings and decision-making processes, as well as the establishment and functions of the Temporary Affairs Committee.
The legislation encompasses provisions pertaining to the establishment of specialized judicial committees and circuits, which are constituted through a directive issued by the President of the Judicial Council to address and adjudicate specific disputes or legal matters.
The law delineates the hierarchical structure of the Public Prosecution, which operates under the authority of the Council. The Public Prosecution is chaired by an Attorney General, appointed via Emiri Decree, and supported by an Assistant Attorney General, alongside a number of First Attorneys General, Attorneys General, Heads of Public Prosecutions, Assistant Heads of Public Prosecutions, First Deputy Attorneys General, and their respective assistants. These appointments are to be formalized through Emiri Decrees or Council resolutions, in accordance with the stipulations of this law. Should the Attorney General be absent or if the position becomes vacant for any reason, the Assistant Attorney General shall assume all responsibilities and powers of the office.
The law further addresses the subordination of Public Prosecution members and the hierarchy of their ranks. In addition, it outlines the Attorney General's responsibilities, which include directing, overseeing, and supervising all personnel within the Public Prosecution across all levels. It is also explicitly stated that the Public Prosecution shall function as a unified investigative and prosecutorial authority within the emirate. Any member may substitute for another and carry on with the procedures initiated by their predecessor, according to established rules of jurisdiction.
According to the relevant legal framework, each Court of Appeal shall establish a General Prosecution Office within its jurisdiction. This office will be led by a Public Prosecutor who must hold at least the rank of Attorney General and will be supported by a sufficient number of members from the Public Prosecutor's Office, all under the supervision and oversight of the Public Prosecutor. Similarly, each Court of First Instance shall also have a General Prosecution Office, directed by a Public Prosecutor with a minimum rank of Chief Prosecutor, and assisted by an adequate number of Public Prosecutor Office members, again under the supervision and oversight of the Public Prosecutor.
Furthermore, the law stipulates that the establishment of Public Prosecutions, as well as the determination of work locations and jurisdictions for Public Prosecutors, shall be enacted by a decision from the Council, based on the proposals put forth by the Public Prosecutor. The legislation also outlines a rotation system for Public Prosecutors that aligns with operational requirements, along with provisions for the creation of specialized Public Prosecutions. The jurisdictions of these specialized offices and the assignment of Public Prosecutors will be established by a decision issued by the Public Prosecutor.
According to the law, the Public Prosecution shall exercise the powers of investigation and prosecution, initiate criminal proceedings, and take all related measures and procedures. In particular, it shall be empowered to
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Initiate criminal cases, initiate them before the courts, and appeal the judgments issued therein
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Investigate criminal offenses. It may delegate judicial police officers. Judicial police officers shall be subordinate to the Public Prosecution and subject to its supervision when performing the tasks assigned to them
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3. Request the declaration of bankruptcy of merchants, investigate bankruptcy cases resulting from negligence or fraud, and take the necessary measures to initiate criminal cases.
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4. Conduct inquiries into requests for the revocation, limitation, suspension, or restoration of guardianship, as well as requests for the appointment and confirmation of guardians. This includes the examination of matters related to individuals lacking legal capacity, those with limited legal capacity, absentees, and unborn children.
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5. Supervise facilities designated for juveniles, rehabilitation centers, penal institutions, and other detention and imprisonment locations. This oversight shall be carried out in collaboration with the relevant authorities and involves conducting regular unannounced visits, reviewing records, documentation, and electronic systems, as well as scrutinizing arrest and detention orders. The office shall also receive and investigate complaints filed by detainees and take appropriate actions based on those findings.
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6. Receive and process requests from relevant parties for placement in treatment centers and addiction rehabilitation facilities, ensuring that appropriate actions are undertaken in coordination with the competent authorities within the emirate.
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7. Undertake any additional responsibilities assigned by the Council within the framework of this legislation.
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The legislation provides that the Council Chairman, upon the request of the relevant government entity of the emirate, shall issue a decision designating specific employees of that entity as judicial police officers. This designation shall be in accordance with local legislation, which permits the conferment of this status upon employees of any government entity. Judicial police officers are mandated to report to the Public Prosecutor, who oversees their activities during crime investigations, the search for suspects, the collection of evidence necessary for both investigation and prosecution, as well as other responsibilities pertinent to their duties.
Furthermore, the law governs various aspects concerning the judiciary, including but not limited to, the appointment process, job classifications, training and promotional pathways, leave entitlements, transfers, secondments, loans, salary structures, benefits, pensions, the responsibilities of judicial members, the duration of their terms, mechanisms for accountability, and procedures for litigation.
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The law addresses the organization and formation of the Judicial Inspection Department and its powers as follows
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Inspect the work of the presidents of the courts of first instance and appeal, their deputies, and judges, as well as the Public Prosecution and its members, in accordance with regulations that ensure judicial independence is not compromised
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Conduct a general inspection of the courts of first instance and appeal, and the Public Prosecution, to assess the progress of work and the regularity of administrative and clerical work
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Examine and investigate complaints filed against judges, presidents of the courts of first instance and appeal, their deputies, and members of the Public Prosecution, related to their duties, positions, or disciplinary matters
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4. Refer any matters it deems necessary to inspect the work of members of the judiciary to the Council, in accordance with the inspection system issued by the Council.
The legislation governs the appointment and organization of judicial personnel. The Judicial Department holds the responsibility for all matters pertaining to the appointment, promotion, and awarding of bonuses to judicial personnel, court employees, and members of the Public Prosecution. The provisions outlined in the emirate's human resources legislation apply to these individuals. Additionally, the law delineates prohibitions and disciplinary measures applicable to members of the judiciary, court employees, and the Public Prosecution.
Furthermore, the legislation encompasses various legal articles pertaining to final provisions, as well as regulatory and executive decisions.