History of UAE & its Legal system in brief

• There are 7 Emirates /  Sheikhdoms in UAE
• Abu Dhabi is the Capital of UAE and its Commercial Capital is  Dubai
• These seven Emirates were recognised as independent as early as 1950
• Each emirates was a member of Trucial States, including Bahrain and Qatar
• The Perpetual Truce of 1853 safeguarded the relations between the emirates to ensure bonding
• An Exclusive comprehensive agreement for peace and the relations between the emirates   was made in 1892.
• Trucial states council was made in 1952
• UAE was formed in 1971 Ras Al Khima joined in 1972

DEVELOPMENT OF THE UAE CONSTITUTION

• Constitution of UAE was signed on 18 July 1971 by Rulers of 6 Emirates and  Ras Al Khima Joined in February 1972
• Promulgated by announcement on 2 December 1971 which date is nowadays celebrated as  UAE National Day
• Constitution declared UAE as a sovereign entity and essential Laws were passed under the constitutional framework shortly afterwards.

FEDERAL NATIONAL COUNCIL / NATIONAL ASSEMBLY

Federal National Council shall be a house of 40 Members representing all the Emirates in UAE.

Abu-Dhabi, Dubai - 8 Members each
Sharjah, RAK - 6 Members each
Ajman, Fujairah and Umm Al Quwain - 4 Members each

• Quorum is a majority of members. Resolutions are passed by a simple majority unless a special majority is prescribed.
• May discuss anything unless prevented by the council of Minister as being in the highest interests of the union
• President may adjourn the assembly for a maximum of one month which may be again adjourned for a maximum of another one more month.

LEGAL FRAMEWORK OF FEDERAL GOVERNMENT

Constitution of the United Arab Emirates 1971 (the Union)
Article 45[1[, 46 & 50 of the Constitution endorses the Supreme Council of the Union
Articles 45 [4] 68 & 93 of the Constitution endorses the National Assembly of the union
Articles 45[5] of the constitution endorses the Judiciary of the union
Articles 45-2 52-54, of the Constitution endorses the President and vice president of the union

SUPREME COUNCIL

• The Supreme council of the union is the highest authority of the union
• Comprised of the Rulers of each of the seven emirates
• Decisions made by the supreme council on substantive issues bind all member emirates

PRESIDENT & VICE PRESIDENT

• The President and Vice-President of the union are elected by and from the members of the supreme council for five years term and are eligible for re-election.
• The Vice president of the union exercises all the powers of the president in the event of his absence.

Powers of the president include

• Presiding and calling into session of the Supreme Council.
• Calling Joint sessions of the supreme Council and the Council of ministers.
• Appointing the Prime Minister
• Signing and promulgating the Union laws, decrees and decisions sanctioned by the supreme council.
• Supervising the implementation of union laws, decrees and decisions through the council of Ministers of the union.

COUNCIL OF MINISTERS OF THE UNION

• The council of Ministers -the cabinet- is the executive authority of the union - Art.60
• Prime Minister presides over the cabinet meetings.
• Council of Ministers are collectively and individually (for his Ministry) and Politically responsible before the president and the supreme council for the execution of general policy of the union, both domestic and foreign- Art. 64

GOVERNMENT STRUCTURE

UAE - President : Sheikh Khalifa Bin Zayed Al Nahyan
Prime Minister : Sheikh Mohamed Bin Rashid Al Maktoum
Abu-Dhabi : Ruler Khalifa Bin Zayed Al Nahyan
Dubai : Ruler Sheikh Mohamed Bin Rashid Al Maktoum
Sharjah : Ruler Sheikh Dr, Sultan Bin Mohamed Al Qasimi
Ajman : Ruler Sheik Humaid Bin Rashid Al Naumi
Umm Al Quwain  : Ruler Sheik Saad Bin Rashid Al Mulla
Ras Al Khaima : Ruler Saad Saad Bin Sawr Al Qasihim
Fujairah : Ruler Sheikh Hamad Bin Mohamed Al Sharqi

ORGANS OF THE EMIRATES GOVERNMENT

HH the Ruler - delegates powers to the Executive Council

• Executive Council is formed to assist HH the Ruler with Chairman, Department Heads and Director Generals.

Aims of the executive council include:

• Adopting draft laws and decrees prior to submission to the Rulers for ratification and promulgation and taking necessary steps for their implementation.
• Approving draft regulations and issuing them with the Ruler’s Consent.
• Supervising the proper implementation of laws, regulations and decisions.
• General Secretariat provides strategic support to the executive council through reviews and recommendations in public policy

An outline of Common law system and Civil law system

• Common law system was originated in England in the Middle Ages. 1/3rd of the world’s population live in a common law system, which is approximately 2.3 Billion People. England and Wales and former British Empire and common wealth countries follow common law system.
• Follow the principle of "stare decisis" that is to stand by things decided, in other words system of binding precedent even from one apex court decision or the  “ratio  decidendi” of the decision.
• Pyramid of hierarchy amongst Courts: Supreme Court, Court of Appeal, Courts of first instance.
• Courts apply statutory law enacted by legislature, interpreted by judges.
• Equity - availability of non-monetary remedies
• Adversarial court system - opposing parties and neutral judges have no role in producing the evidence.  Oral evidence and cross examination at trial
• Civil Law System is  based on Roman Law from the code Justinian and developed later by other systems, including the Napoleonic code
• Most widespread system of law - in force in some form in over 150 countries.
• Law is codified into different codes on legal topics
• Role of the court is to implement the codes on a case by case basis
• A apex court judgement cannot bind but various supreme court decisions  or  a line of authorities will be influentia
• Inquisitorial court system - examining Judge(s) involved in fact finding during the trial
• Evidence may be oral at investigation stage, but a trial usually written only. Oral evidence and cross examination at trial can be permitted

ENACTING LEGISLATION - FEDERAL LAWS

1. The Council of ministers prepares bill and submit it to the federal national council. Article 110 (A) Constitution.

2. The Council of ministers submits the bill to the president for his approval and presentation to the supreme council for ratification.

3. The President signs the bill after ratification by the supreme council and promulgates it.

4. Law is published in the official gazette within two weeks of the signature and promulgation by the president.

5. Law comes into force one month after the date of publication in the official gazette unless another date is specified in law. [Article 111, Constitution Official Gazette law (Federal Law) 1 of 1971]

TYPES OF FEDERAL LEGISLATION

Laws                                                 )
Decrees by law                                  )  Primary legislation
Decrees                                             )
Executive Regulation                          )
Resolution                                         )
Ministerial Resolution                         ) Secondary legislation - empowered to
Ministerial Order                               ) by the primary legislation
Ministerial Announcement

INTERNATIONAL TREATIES AND AGREEMENTS

ARTICLE 12: The foreign policy of the union shall be directed towards consolidation of the bonds of friendship and co-operation with all nations and peoples on the basis of the principles of the charter of the United Nations and ideal international standards.

ARTICLE 47: The supreme council of the Union shall exercise Ratification of treaties and  international agreements. Such ratification shall be accomplished by decree.

Article 60: The Council of Ministers supervises the implementation of international treaties and agreements.

Article 91: Government informs the Federal National Council of international treaties concluded; a resolution from the president determines which may be discussed before ratification.

Treaties are often signed, but they are not in force unless they have been promulgated by a federal decree in the Federal Official Gazette.

Article 125: Emirate governments required taking appropriate measures to implement federal laws and international treaties; Federal authorities supervise the implementation by the Emirates.

Article 123: After informing the Supreme Council individual Emirates may enter into limited agreements of a local and administrative nature with neighboring states and regions, but such agreements shall not be contrary to the interests of the UAE or Union Laws.

Financial Free Zones: Federal Law No. 8 of 2004 (Article 5)

Financial free zones must not perform any activity that results in the breach of an international treaty to which the state has adhered or will adhere.

TYPES OF EMIRATES LEGISLATION

• Laws
• Decrees
• Ruler instructions
• Local orders
• Executive council decision
• Administrative resolution
• Regulation
• Circular