New Dubai law to ensure independent judiciary News
New Dubai law to ensure independent judiciary

His Highness Shaikh Mohammad Bin Rashi Al Maktoum [official website], Vice President and Prime Minister of the United Arab Emirates (UAE) and Ruler of Dubai, issued a law [Khaleej Times report] Sunday that seeks to create full independence of the judiciary while ensuring fair litigation for everyone. Law No. 13 of 2016 has dual purposes, the first being to allow for a fully independent judicial body. As a means to achieve this goal, the law provides that members of the judiciary performing judicial actions within their jurisdiction are immune to lawsuits and various legal actions. The law also sets out that petitionary actions against any decision by the Dubai Judicial Council or Dubai Judicial Authority may only be brought about through specified appeal procedures. The second purpose of the law, creating an equal and efficient means of litigation for everyone, is sought to be achieved through assigning the Dubai Judicial Council to oversee the Dubai Courts, Public Prosecution and their subsidiaries, and allowing the Council to review view reports on members of the judiciary and take any measures as are necessary. More generally, the law also outlines the hierarchy, functions and objectives of the Dubai Judicial Council, establishes the procedures for proposing and drafting bills and bylaws, and defines levels of litigation and specializations for Dubai’s Supreme Court, Appeal Court, and First Instances Court. The newly issues laws will replace several laws enacted in 1992 in relation to judicial inspection, formation of the courts, creation of the Judiciary Council, and procedures and of the Public Prosecution.

The newly instituted law, which many hope will create a more transparent and fair judiciary in the UAE city. The UAE, at times, has been criticized for its unfair justice system policies. Most recently, the international community has raised issue [CNN report] with the Dubai justice system following the arrest of a UK woman for extramarital affairs after she had reported that she had been raped to Dubai authorities. In 2013 a coalition of international human rights groups criticized [JURIST report] the trial of more than 60 activists in the UAE who had attempted to overthrow the current government.