Since its establishment on the 2nd of December 1971, the UAE has set a temporary constitution. It soon came to be recognised as a permanent constitution after the UAE federation established its stability and success as a nation committed to a moderate policy. The country made cultural contributions and achieved huge accomplishments on the local, regional and international levels, ushering in an era of progress for the people of this federation. The UAE has thus become a model nation, becoming one of the most successful experiences of unification in modern history.
The Constitution explains the main rules of the political and constitutional organisation of the country. It demonstrates the main purpose of the establishment of the federation and its objectives at the local and regional levels. It also elaborates on the major social and economic pillars of the federation and stresses the public rights, responsibilities and freedoms. It explains federal authorities and federal legislation as well as details about other areas such as financial affairs of the federation, provisions for armed and security forces, and legislative, executive and international jurisdictions of the federation and member emirates.
Section One
The Union, its basic components and objectives
The United Arab Emirates is an independent and sovereign federal state, and hereinafter referred to in this constitution as the Union. The federation consists of the following Emirates: Abu Dhabi - Dubai - Sharjah - Ajman - Umm Al Quwain - Fujairah. Any independent Arab country may join the federation, when the Federation’s Supreme Council approves this by consensus. The final text of the article on: 30-03-1972 The United Arab Emirates is an independent and sovereign federal state, and hereinafter referred to in this constitution as the Union. The federation consists of the following Emirates: Abu Dhabi - Dubai - Sharjah - Ajman - Umm Al Quwain - Fujairah - Ras Al Khaimah *. Any independent Arab country may join the federation, when the Federation’s Supreme Council approves this by consensus. Upon acceptance of a new member joining the federation, the Federal Supreme Council determines the number of seats to be allocated to this member in the Federal National Council in excess of the number stipulated in Article 68 of this Constitution. * The Federal Supreme Council approved the accession of the Emirate of Ras Al Khaimah and its annexes to the United Arab Emirates in accordance with its Resolution No. 2 of 1972 issued on 2/10/1972 and published in the Official Gazette No. 2 on 3/30/1972.
In the affairs entrusted to it by the provisions of this Constitution, the Federation exercises sovereignty over all lands and territorial waters located within the international borders of the member Emirates.
The member Emirates exercise sovereignty over their territories and territorial waters in all matters not to which the Union is concerned under this Constitution.
The Union may not relinquish its sovereignty, or give up any part of its lands or waters.
The federation shall have its own flag, emblem, and national anthem, and the law determines the flag and slogan, and each emirate maintains its own flag for use within its territory.
The union is part of the great Arab world, linked to it by ties of religion, language, history and a common destiny. And the people of the union is one people, and it is part of the Arab nation.
Islam is the official religion of the federation, and Islamic law is a main source of legislation, and the official language of the union is Arabic.
Citizens of the Union shall have one nationality determined by law. And abroad they shall enjoy the protection of the Federal Government, in accordance with applicable international principles. Citizens may not be deprived of their nationality, or withdrawn from them, except in exceptional cases stipulated by law.
Abu Dhabi City shall be the capital city of the UAE.
The objectives of the Union are to preserve its independence, sovereignty, security and stability, to ward off any aggression against its entity or the entity of the Emirates that are members in it, to protect the rights and freedoms of the people of the Union, and to achieve close cooperation between its emirates for their common interest for these purposes, and for their prosperity and progress in all fields and the provision of a better life To all citizens, with each member emirate respecting the independence and sovereignty of other emirates in their internal affairs within the scope of this constitution.
- The Emirates of the Union form an economic and customs unit, and federal laws regulate the appropriate progressive stages for achieving that unity.
- The freedom of capital movement and the passage of all goods between the Emirates of the Union is guaranteed and may not be restricted except by a federal law.
- All taxes, fees, royalties and excises imposed on the movement of goods from one emirate to another from the member Emirates shall be canceled.
The Union's foreign policy aims to support Arab and Islamic causes and interests, and to strengthen the bonds of friendship and cooperation with all states and peoples, based on the principles of the United Nations Charter and international ethics.
Section Two
The basic social and economic pillars of the Federation
The Federation and the Emirates that are members of it shall cooperate, each within the limits of his powers and capabilities, in implementing the provisions of this Chapter.
Equality, social justice, providing security, reassurance and equal opportunities for all citizens, are among the pillars of society, mutual support, compassion, and a close bond between them.
The family is the basis of society, its pillars are religion, morals and love of the homeland. The law guarantees and safeguards its existence and protects it from deviation.
With its care, society includes childhood and motherhood and protects minors and other persons who are unable to care for themselves for any reason, such as illness, disability, old age or compulsory unemployment, and it assists and rehabilitates them for their benefit and the interest of society. Laws of public aid and social security regulate these matters.
Education is a fundamental factor for the advancement of society and it is compulsory in its primary stage and free in all its stages within the Union, and the law sets the necessary plans to spread and generalize education in its various degrees, and to eliminate illiteracy
Individuals and bodies may establish private schools in accordance with the provisions of the law, provided that they are subject to the supervision and directives of the competent public authorities.
Society guarantees for citizens health care, and means of prevention and treatment of diseases and epidemics. And it encourages the establishment of public and private hospitals, clinics, and treatment centers.
Society values work as a cornerstone of its progress. And he works to provide it to citizens and qualify them for it. And he creates the appropriate conditions for this by setting up legislations that protect workers' rights and the interests of employers, in light of advanced global labor legislation.
Private property is inviolable. The law specifies the restrictions that are included in it. No one shall be deprived of his property except in cases necessitated by the public interest in accordance with the provisions of the law, and in return for a fair compensation.
Public funds are inviolable, and their protection is a duty of every citizen. The law defines the cases in which the violation of this duty is punishable.
The wealth and natural resources in each emirate are publicly owned by that emirate. Society is based on preserving them and making good use of them for the benefit of the national economy.
The national economy is based on social justice and its foundation is sincere cooperation between public and private activity, and its goal is to achieve economic development, increase production, raise the standard of living, and achieve prosperity for citizens within the limits of the law. The union encourages cooperation and savings.
Section Three
Public Freedoms, Rights and Duties
All individuals are equal before the law, and there is no discrimination between citizens of the Union on the basis of origin, nationality, religious belief or social status.
Personal freedom is guaranteed to all citizens. No one may be arrested, searched, detained or imprisoned except in accordance with the provisions of the law. No one shall be subjected to torture or degrading treatment.
The law defines crimes and penalties. There shall be no penalty for what was done or left before the law providing for it was issued.
Punishment is personal. The accused is innocent until proven guilty in a legal and fair trial. The accused has the right to appoint someone who has the ability to defend him during the trial. The law specifies the circumstances in which the presence of a lawyer on behalf of the accused is required. Harming an accused physically or mentally is prohibited.
Citizens' freedom of movement and residence is guaranteed within the limits of the law.
Freedom of opinion and expression thereof through speech and writing, and all other means of expression is guaranteed within the limits of the law.
Freedom of postal and telegraphic correspondence and other means of communication are guaranteed in accordance with the law.
The freedom to perform the rites of religion in accordance with the established customs is safeguarded, provided that it does not violate the public order or contradict public morals.
Freedom of assembly and association are guaranteed within the limits of the law.
Every citizen is free to choose his job, profession or profession within the limits of the law, and with observance of the legislation governing some of these professions and trades. It is not permissible to impose compulsory work on anyone except in exceptional cases stipulated by law, and on the condition of compensation for him. No one shall be enslaved.
The door to public office is open to all citizens, on the basis of equality between them in circumstances, and in accordance with the provisions of the law. Public jobs are a national service entrusted to those in charge. The public servant shall, in performing his job duties, target the public interest alone.
Homes are inviolable, and it is not permissible to enter them without the permission of their residents except in accordance with the provisions of the law and in the cases specified therein.
Citizens may not be deported or exiled from the Union.
Handover of citizens and political refugees is prohibited.
General confiscation of property is prohibited, and the penalty for private confiscation is only based on a court ruling, and in the cases stipulated by law.
Foreigners in the Federation shall enjoy the rights and freedoms stipulated in the applicable international conventions, or in treaties and agreements to which the Union is a party, and they shall have the corresponding duties.
Every person has the right to file a complaint to the competent authorities, including the judicial authorities, about the abuse of rights and freedoms stipulated in this chapter.
Paying the taxes and public costs legally determined is the duty of every citizen.
Defending the Union is a sacred duty on every citizen, and performing military service is an honor for citizens regulated by law.
Respecting the constitution, laws and orders issued by the public authorities to implement them, observance of public order and respect for public morals is a duty of all residents of the Federation.
Section Four
Federal Authorities
The federal authorities consist of:
- The Federal Supreme Council.
- The President and Vice President of the Federation.
- The Federation Council of Ministers.
- The Federal National Council.
- The federal judiciary.
The Federal Supreme Council is the supreme authority in it. It shall consist of the rulers of all the emirates that make up the federation, or those who take their place in their emirates, in their absence or if they are unable to attend. Each emirate has one vote in the council’s deliberations
The Federal Supreme Council undertakes the following matters:
- To formulate the general policy in all matters entrusted to the Federation by virtue of this Constitution, and to consider everything that would achieve the objectives of the Federation and the common interests of the member Emirates.
- Ratifying the various federal laws before their issuance, including the laws of the annual general budget of the federation and the final account.
- Ratification of decrees related to matters that are subject under the provisions of this constitution to ratification or approval by the Supreme Council, prior to the issuance of these decrees by the President of the Federation.
- Ratification of international treaties and agreements, and this ratification shall be effected by decree.
- Approving the appointment of the President of the Council of Ministers of the Union, accepting his resignation, and removing him from his post, based on the proposal of the President of the Union.
- Approving the appointment of the President and Judges of the Federal Supreme Court, accepting their resignations and dismissing them in the cases stipulated in this Constitution, and all of this is done by decree.
- Supreme control over the affairs of the Federation in general.
- Any other competencies stipulated in this constitution or in federal laws.
- The Supreme Council lays down its bylaws, including the system of work in it, the method for voting on its decisions, and the Council’s deliberations are confidential.
- The Supreme Council establishes a general secretariat for it that is provided with a sufficient number of employees to assist it in performing its duties.
The decisions of the Supreme Council on substantive matters are issued by a majority of five of its members, provided that this majority includes the votes of the emirates of Abu Dhabi and Dubai. The minority is bound by the opinion of the aforementioned majority. As for the decisions of the Council on procedural matters, they are issued by the majority of votes, and the internal regulations of the Council determine these issues.
The Supreme Council shall hold its meetings in the capital of the Federation. It may be held in any other place agreed upon in advance. Chapter Two: The President and Vice President of the Federation
The Federal Supreme Council shall elect from among its members a President and Vice President of the Union; and the Vice President shall exercise all the President's responsibilities in the event of the latter's absence for any reason.
In exception to the provisions of the preceding paragraph, the Union's President may nominate another Vice President, and such nomination shall be submitted to the Federal Supreme Council. The Vice President's appointment shall be pursuant to a resolution issued by the Union's President after the Federal Supreme Council's approval.
If the Union's President has more than one Vice President, the President of the Union shall – upon the approval from the Federal Supreme Council – issue a federal decree distributing the Vice President's responsibilities stipulated in the Constitution and Federal Laws among his two Vice Presidents.
The term of office of the President and the two Vice President is five years; and the President and his two Vice Presidents may be re-elected for the same office; and each of them shall – upon assuming office, take the following oath before the Federal Supreme Council:
"I swear by Allah, the Great, that I shall be faithful to the United Arab Emirates; respect its Constitution and laws; protect the interests of the people of the Union; and to perform my duties honestly and faithfully and safeguard the Union's independence and its territorial integrity".
When the position of the president or his deputy becomes vacant due to death, resignation, or the termination of the ruling of either of them in his emirate for any reason, the Supreme Council shall be called within a month from that date of the meeting, to elect a successor to fill the vacant position for the period stipulated in Article 52 of this Constitution. When the positions of the Chairman of the Supreme Council and his deputy are both vacant, the Council shall meet immediately upon an invitation from any of its members, or from the Prime Minister of the Union, to elect a new president and deputy chairperson to fill the vacant positions.
The President of the Federation assumes the following competencies:
- Presiding over the Supreme Council and directing its discussions.
- He calls the Supreme Council to meet, and adjourns its meetings, in accordance with the procedural rules established by the Council in its bylaws, and the Council must be called to meet whenever one of its members so requests.
- He calls for a joint meeting between the Supreme Council and the Council of Ministers of the Union whenever necessary.
- Sign and issue federal laws, decrees and decisions approved by the Supreme Council.
- He appoints the Prime Minister of the Union, accepts his resignation, and relieves him of his post with the approval of the Supreme Council. He also appoints the Deputy Prime Minister and the Ministers and accepts their resignations and relieves them from their posts based on the proposal of the Prime Minister of the Union.
- He appoints diplomatic representatives of the Union to foreign countries and other senior federal employees, both civil and military (except for the President and Judges of the Federal Supreme Court) and accepts their resignations and dismisses them based on the approval of the Council of Ministers of the Union, and this appointment or acceptance of resignation or dismissal is made by decree and in accordance with federal laws.
- He signs the credentials of the diplomatic representatives of the Union with foreign countries and bodies and accepts the accreditation of diplomatic and consular representatives of foreign countries with the Union and receives their credentials, as well as signs the documents of appointment and accreditation of the representatives.
- He supervises the implementation of federal laws, decrees and decisions through the Council of Ministers of the Union and the competent ministers.
- It represents the Union internally and towards other countries, and in all international relations.
- Exercise the right to pardon or reduce punishment and approve death sentences, in accordance with the provisions of this Constitution and federal laws.
- Conferring military and civil decorations and medals of honor, in accordance with the laws pertaining to these medals and medals.
- Any other powers that the Supreme Council conferred on or conferred upon it under the provisions of this Constitution or federal laws.
The Federal Council of Ministers consists of the Prime Minister, his deputy, and a number of ministers.
Ministers shall be chosen from among citizens of the Union known for their competence and experience.
Before assuming the burdens of their positions before the President of the Union, the Prime Minister, his deputy and the ministers shall swear the following oath: “I swear by God Almighty to be loyal to the United Arab Emirates and to respect the constitution and laws of the Union, to perform my duties in trust and to fully take care of the interests of the people of the Union, and to maintain full conservatism on The entity of the Union and its territorial integrity.
The law defines the functions of the ministries and the powers of each minister, and the first Federal Council of Ministers includes the following ministries:
- External
- Internal.
- Defense
- Finance, Economy and Industry.
- Justice
- Education.
- Public Health
- Public Works and Agriculture.
- Transportation, post, telegraph and phone
- Labor and social affairs.
- Information
- Planning.
The Prime Minister presides over the Council's sessions, invites it to convene, manages its discussions, follows up the activities of the ministers, and oversees the coordination of work between the various ministries and in all the executive bodies of the Union. The Deputy Prime Minister exercises all the powers of the President in his absence for any reason.
The Council of Ministers, in its capacity as the executive body of the Federation and under the supreme control of the President of the Federation and the Supreme Council, shall manage all the internal and external affairs of the Federation under this Constitution and federal laws. In particular, the Council of Ministers exercises the following powers:
- Follow up the implementation of the general policy of the Union government at home and abroad.
- Proposing draft federal laws and referring them to the Federal National Council before submitting them to the President of the Union for presentation to the Supreme Council for approval.
- Preparing the federation’s annual general budget project, and the final account.
- Preparing various draft decrees and decisions.
- Laying down the necessary regulations for the implementation of federal laws in a manner that does not include amendment, suspension, or exemption from their implementation, as well as control regulations, and regulations for arranging public administrations and interests, within the limits of the provisions of this constitution and federal laws. The competent federal authority or any other administrative body to issue some of these regulations.
- Supervising the implementation of federal laws, decrees, regulations and decisions by all concerned authorities in the federation or the Emirates.
- Supervising the implementation of federal court rulings, and international treaties and agreements concluded by the Federation.
- Appointing and dismissing federal employees, in accordance with the provisions of the law, from those whose appointment or dismissal does not require the issuance of decrees.
- Monitoring the functioning of federal public administrations and interests, and the conduct and discipline of the Union’s employees in general.
- Any other powers conferred upon it by law or the Supreme Council within the limits of this Constitution.
The deliberations of the Council of Ministers are confidential and its decisions are issued by the majority of all its members. When votes are equal, the side in which the president is headed will prevail. The minority is bound by the majority opinion.
It is not permissible for the Prime Minister, his deputy, or any federal minister, during his tenure, to engage in any professional, commercial or financial business, or to enter into a commercial transaction with the federal government or the governments of the Emirates, or to combine his position with membership in the board of directors of a commercial company Or financial. It is also not permissible for him to combine to his position more than one official position in one of the Emirates while giving up all his other local official positions, if any.
The members of the Council of Ministers should target their behavior towards the interests of the Union, uphold the word of public interest, deny self-interests completely, and not exploit their official positions. In any way for their benefit or for the benefit of those with whom they have a special relationship.
The Prime Minister and the Ministers are collectively responsible politically before the President of the Federation and the Supreme Council of the Federation for the implementation of the Federation's general policy at home and abroad. Each of them is personally responsible to the President of the Federation and the Supreme Council for the activities of his ministry or his position. The resignation of the Prime Minister, his removal from office, his death, or the vacancy of his position for any reason whatsoever leads to the resignation of the entire cabinet. The President of the Union may request the ministers to remain in their positions temporarily, to discharge urgent matters until the formation of the new cabinet.
The Council of Ministers submits to the President of the Union for presentation to the Supreme Council, at the beginning of each fiscal year, a detailed report on the work carried out at home, and on the Union’s relations with other countries and international organizations, coupled with the ministry’s recommendations on the best means to consolidate the foundations of the Union, enhance its security and stability, and achieve its goals and progress In all fields.
- The Council of Ministers sets its internal regulations, including the system for its workflow.
- The Council of Ministers establishes a general secretariat for it, which is provided with a number of employees to help it perform its duties.
The law shall determine the salaries of the prime minister, his deputy, and all other ministers.
The Federal National Council (FNC) shall comprise of forty members. The seats of the Federal National Council are distributed to the member Emirates as follows:
Abu Dhabi | 8 seats |
Dubai | 8 seats |
Sharjah | 6 seats |
Ajman | 4 seats |
Umm Al Quwain | 4 seats |
Fujairah | 4 seats |
Ras AI Khaimah | 6 seats |
Each emirate is left to determine the method for selecting the citizens to represent it in the Federal National Council.
A member of the Federal National Council:
- He shall be a citizen of one of the Emirates of the Union, and permanently resident in the emirate he represents in the Council.
- His age shall not be less than twenty-five years of the Gregorian calendar when chosen.
- He must be of good civil capacity, of good conduct, and of good reputation. He has never been convicted of a dishonorable crime, unless he has been rehabilitated according to the law.
- To have sufficient knowledge of reading and writing.
It is not permissible to combine membership of the Federal National Council with any public office in the Federation, including ministerial positions.
The term of membership in the Federal National Council is four calendar years, commencing from the date the Federal National Council holds its first meeting.
Before a member of the Federal National Council begins his work, the Council and its committees shall take the following oath before the Council in an open session: "I swear by God Almighty to be loyal to the United Arab Emirates and to respect the constitution and laws of the Union, and to perform my duties in the Council and its committees honestly and sincerely."
If the place of a member of the council becomes vacant before the end of his term of membership for any reason, then a replacement shall be chosen within two months from the date of the council announcing this vacancy, unless the vacancy occurs during the three months preceding the end of the term of the council. The new member completes the term of membership of his predecessor.
The Council shall hold its sessions at the headquarters of the capital of the Union, and it may be held anywhere else within the Union, based on a decision taken by the Council with the majority of votes of all its members and with the approval of the Council of Ministers.
The Board shall decide on the validity of the representation of its members, and the revocation of membership from them if they lose one of its conditions, by a majority of all its members based on the proposal of five of them. He is the competent authority to accept resignations from membership, and the resignation is considered final from the date of the Council's acceptance of it.
A member of the Federal Council represents the entire people of the Union, not just the emirate he represents within the Council.
The Federal National Council shall meet in an annual regular session for a minimum of seven months, commencing on the third week of October every year. The Federal National Council may be called into an extraordinary session, if necessary. The Federal National Council may not hear at an extraordinary session any matter other than those for which it has been called into session.
The Federal National Council shall be called into session and shall be dismissed by Decree issued by the President of the UAE subject to the approval of the Federal Council of Ministers. A meeting of the Federal National Council convened without a formal call or in a place other than that specified for its meetings in the Constitution shall be deemed invalid and has no effect.
However, if the Federal National Council is not convened for its annual regular session before the third week of November, the Federal National Council is convened ipso facto on the twenty first of that month.
The President of the Union opens the regular annual session of the Council, and delivers a speech in it that includes the conditions of the country, the most important events and important affairs that took place during the year, and the projects and reforms that the Union government intends to undertake during the new session. The President of the Union may delegate his deputy or the President of the Council of Ministers of the Union to open or deliver a speech. The Federal Council must choose a committee from among its members to prepare a draft response to the opening speech, including the council’s observations and wishes, and the response, after its approval, is submitted by the Council to the President of the Union, for presentation to the Supreme Council.
Members of the Council shall not be held accountable for the ideas and opinions they express while carrying out their work within the Council or its committees.
It is not permissible during the session of the Council, and in cases other than flagrante delicto, to take any penal measures against any of its members without the permission of the Council, and in the event that such measures are taken in the absence of the Council, he must be notified of them.
From the date of taking the oath before the Council, the Chairman of the Council and all its members shall be entitled to a reward specified by law, and a transportation allowance from their place of residence to the seat of the Council's meetings.
The council shall have a bureau body consisting of a president, a first deputy and a second deputy, and two observers, all of whom are chosen by the council from among its members. The term of the chairman and his two deputies ends with the end of the term of the council or its dissolution in accordance with the provisions of the second paragraph of Article (88). The term of the observers ends with the selection of new observers at the beginning of the next regular annual session, and if one of the positions in the bureau becomes vacant, the council chooses the one to occupy it for the remaining period.
The Federal National Council shall have a General Secretariat headed by a General Secretary. The Federal National Council By-law specifies the General Secretary's responsibilities. The Federal National Council shall lay down its by-law and such by-law shall be issued by resolution of the President of the UAE upon the approval of the Federal Supreme Council.
The sessions of the Federal National Council shall be held in public. Sessions may be held in camera upon the request of a representative of the Government, the Speaker of the Federal National Council, or one third of the Federal National Council members.
The quorum of the deliberations of the Federal National Council shall be valid only if attended by a majority of its members at least. The Federal National Council Resolutions shall be issued by absolute majority of the votes of the members present, except in cases where a special majority is required. In case of parity, the chairman of the session shall have the casting vote.
The meetings of the Federal National Council may, by a Decree issued by the President of the UAE with the approval of the Federal Council of Ministers, be adjourned for a period not exceeding one month provided that such adjournment is not repeated in one session except with the approval of the Federal National Council and for once only. The period of adjournment shall not be calculated as part of the term of the regular session.
The Federal National Council may be dissolved by Decree issued by the President of the UAE with the approval of the Federal Supreme Council provided that the Decree of dissolution calls on the new Federal National Council to meet within sixty days from the date of the Decree of dissolution. The Federal National Council may not be dissolved again for the same reason.
Without prejudice to the provisions of Article 110, draft federal laws, including draft financial laws, shall be presented to the Federal National Council before they are submitted to the President of the Union for submission to the Supreme Council for approval. The Federal National Council discusses these projects and may approve, amend or reject them.
During its regular session, the Federal National Council shall examine the Federal Annual General Budget draft law and the final Account draft Law as provided in part eight of the Constitution.
The Government shall notify the Federal National Council of the international treaties and conventions the Government concludes with other states and the different international organizations together with the appropriate explanations. The President of the UAE shall determine by a Resolution, the international treaties and conventions that must be referred to the Federal National Council for consideration before they are ratified.
The Federal National Council may discuss any general issue pertaining to the affairs of the UAE except where the Council of the Ministers notifies the Federal National Council that discussing such issue is against the UAE's high interests. The Prime Minister or the competent minister shall attend the deliberations. The Federal National Council may make recommendations and determine the issues that it shall discuss. If the Cabinet does not approve the recommendations, it shall so notify the Federal National Council of the reasons of disapproval.
The Government of the UAE is represented in the meetings of the Federal National Council by the Prime Minister or one of his deputies, or at least by a member of the Federal Government. The Prime Minister, one of his deputies or the competent minister shall answer questions put to them by any member of the Federal National Council requesting explanation of any matters within their jurisdiction, in conformity with the procedures prescribed in the by- law of the Federal National Council.
Justice is the basis of government. In performing their duties, judges are independent and are influenced only by the rule of law and their own conscience.
The UAE has a Federal Supreme Court and federal first instance courts as provided in the following Articles.
The Federal Supreme Court shall comprise of the Chief Justice and a maximum of five judges appointed by a Decree issued by the President of the UAE after the ratification of the Supreme Council. The law specifies the number of the circuits of the Supreme Court, its regulations, procedures, the conditions of service, retirement of its members, and the conditions and requirements that they must meet.
The Chief Justice and the judges of the Federal Supreme Court may not be removed from office while they administer justice. Their term of office may not be terminated except for one of the following reasons:
- Death.
- Resignation.
- The expiration of the term of the contract of those who are appointed by contract or the completion of the term of secondment.
- Reaching the retirement age.
- Proved disability to perform their duties for health reasons.
- Disciplinary dismissal for the reasons, and by the procedures, provided in law.
- Assign other posts to them after their consent.
Before taking up their office, the Chief Justice and the judges of the Federal Supreme Court shall take an oath before the President of the UAE and in the presence of the UAE Minister of Justice that they will render justice without fear or prejudice and that they will be loyal to the Constitution and the laws of the UAE.
The Federal Supreme Court shall undertake deciding on the following matters:
- Decide on different disputes among the member Emirates of the UAE, or between any one or more Emirates and the Federal government in case that the dispute is referred to the Court upon the request of any of the concerned parties.
- Consider the constitutionality of a Federal Law if it is appealed by one or more Emirates on the grounds that it is in conflict with the Constitution of the UAE. The Court shall also consider the constitutionality of legislations enacted by an Emirate if it is appealed by a federal authority on the grounds that it is in conflict with the Constitution of the UAE or the Federal Laws.
- Consider the constitutionality of Laws, Legislations and Regulations in general if it is so requested by any court in the country while hearing a relevant claim. The concerned court shall comply with the resolution of the Federal Supreme Court rendered in this respect.
- Interpret the provisions of the Constitution, if it is so requested by any federal authority or by the Government of any Emirate. Any such interpretation is binding on everyone.
- Call into account the ministers and senior officials of the UAE appointed by Decree for their actions while performing their official duties upon the request of the Supreme Council and in accordance with the relevant law.
- Decide on the crimes which directly affect the interests of the UAE, such as the crimes relating to the UAE's internal or external security, forgery of the official records or seals of a federal authority, and counterfeiting of currency.
- Hear the claims of conflict of jurisdiction between a federal court and a local court in an Emirate.
- Hear the claims of conflict of jurisdiction between a court in an Emirate and a court in another Emirate. The rules governing these claims shall be regulated by a federal law.
- Any other responsibilities provided in the Constitution or which may be referred to the Federal Supreme Court by a Federal Law.
The Federal Supreme Court shall hold its hearings in the capital city of the UAE. The Court may, by way of exception, hold its hearings, when necessary, in the capital city of any Emirate.
A judgment of the Federal Supreme Court shall be final and binding upon everyone. If the Court, when deciding on the constitutionality of a Law, Legislation or Regulation, holds that a federal legislation is in violation of the Federal Constitution, or that local Legislation or Regulation under consideration contains provisions which are in violation of the Federal Constitution or a Federal Law, the concerned authority in the UAE or in the Emirate, as the case may be, shall immediately take the necessary measures to remove or correct the violation of the Constitution.
The UAE shall have one or more Federal Court of First Instance which shall sit in the permanent capital city of the UAE or in certain capital cities of the Emirates. A Federal Court of First Instance has, within the territory of its jurisdiction, the powers to hear the following claims:
- Civil, commercial and administrative disputes between the UAE and individuals whether the UAE is the plaintiff or the defendant.
- Crimes committed within the boundaries of the permanent capital city of the UAE, with the exception of the matters reserved for the Federal Supreme Court under Article 99 of the Constitution.
- Personal status claims, civil and commercial claims and other claims between individuals, which arise in the permanent capital city of the UAE.
The law regulates all matters related to the Federal Courts of First Instance in respect of its class, formation, and chambers; venue jurisdiction; the procedures to be followed before it; the oath to be sworn by its judges and their conditions of service; and the ways of appeal against its judgments. The law may provide that a judgment of the Federal Court of First Instance may be appealed before a circuit of the Federal Supreme Court in such cases and in accordance with such procedures as may be determined by that law.
The local judicial authorities in each Emirate shall have the jurisdiction in all judicial matters not assigned to the UAE courts under the provisions of the Constitution.
Any or all of the jurisdictions conferred upon a local judicial authority under the preceding Article may be transferred by Federal Law enacted upon the request of the Emirate concerned, to the Federal Courts of First Instance. A Federal Law shall determine the claims where a judgment by a local judicial authority in a criminal, civil, commercial or any other claims may be appealed before a Federal Courts. A Federal Court's judgment on such appeal shall be final.
There shall be a Federal General Attorney who is appointed by a federal decree issued with the approval of the Council of Ministers. The Federal Attorney General is assisted by a number of public prosecutors. The law shall regulate the matters relating to the members of the Federal Public Prosecution Office with respect to the way of their appointment, ranks, promotion, retirement and the qualifications that they must meet. The Federal Code of Criminal Procedures and trials shall regulate the jurisdictions and procedures of the Federal Public Prosecution Office, and the authority conferred upon the law enforcement and public security officers who assist it in its functions.
The President of the UAE may, upon the proposal made by the Federal Minister of Justice and subject to the approval of a committee formed and chaired by the Minister, pardon a convicted person from the execution of a sentence delivered by a federal judicial authority before the sentence is executed or while the punishment is being served or commute the punishment. The Committee formed for this purpose shall comprise of six members selected by the Federal Cabinet for a renewable term of three years. The members of the committee are selected from citizens known for their wise judgment and efficiency. The membership of the committee is free of charge. The Committee's deliberations are held in camera and its resolutions are taken by majority vote.
A final death penalty delivered by a federal judicial authority shall only be executed after the President of the UAE ratifies the sentence. The President of the UAE may substitute a lesser sentence for the death penalty in accordance with the procedures provided in the preceding Article.
A full pardon from a crime or certain crimes shall be granted only by Law. Pardon Act remits the penalty and releases the convicted person from the execution of the entire penalty or from a part of the penalty that has yet to be served.
Section Five
Federal legislation and decrees and the authorities concerned with them
- A Federal Law shall be enacted in accordance with the provisions of this Article and other relevant provisions of the Constitution.
- A draft Law becomes a Law after the following procedures are taken:
- The Cabinet shall prepare the draft Law and shall submit it to the Federal National Council.
- The Cabinet shall submit the draft Law for approval to the President of the UAE who shall forward it for ratification to the Supreme Council.
- The President of the UAE shall sign and promulgates the Law after it is ratified by the Supreme Council.
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- If the Federal National Council introduces an amendment to a Draft Law and such amendment is unacceptable to the President of the UAE or the Supreme Council, or if the Federal National Council rejects a Draft Law, the President of the UAE or the Supreme Council may return it to the Federal National Council. If the Federal National Council introduces an amendment to the Draft Law which is unacceptable to the President of the UAE or the Supreme Council, or if the Federal National Council decides to reject the Draft Law, the President of the UAE may issue the Law after it is ratified by the Supreme Council.
- The term "Draft Law" in this paragraph means the draft which is submitted to the President of the UAE by the Cabinet including the amendments, if any, introduced to it by the Federal National Council.
- Notwithstanding the foregoing, if in the absence of the Federal National Council, a need emerges for enacting a Federal Laws, the Federal Cabinet may take the necessary action for obtain it by the Supreme Council and the President of the UAE, provided that the Federal National Council shall be so notified at its next meeting.
Laws shall be published in the Official Gazette of the UAE within a maximum of two weeks from the date it is signed and issued by the President of the UAE after it is ratified by the Supreme Council. Such Laws shall come into force after one month from the date of its publication in the Official Gazette unless another date is stipulated in the Law itself.
A Law shall only apply from the date it comes into force and shall not apply regressively. In non-criminal matters, a Law may, when necessary, provide otherwise.
If, while the Supreme Council is in recess, a state of urgency emerges which requires the enactment of Federal Laws, the President of the UAE together with the Cabinet may issue that Law in the form of a Decree that have the force of Law provided that such Law is not in conflict with the Constitution. Such Decrees by Law shall be submitted within a maximum of a week to the Supreme Council for approval or repeal thereof. If the Decree by Law is approved, it takes the force of a law and the Federal National Council is so notified at its next meeting. If the Supreme Council does not approve the Decree by Law, Such Decree shall cease to have the force of law unless the Supreme Council resolved to approve its application in the preceding period or settles in another way the effects resulting from its application.
The Decree shall not be issued unless approved by the Cabinet and ratified by the President of the UAE or the Supreme Council, each according to his responsibilities. Decrees shall be published in the Official Gazette after it is signed by the President of the UAE.
The Supreme Council may delegate the President of the UAE together with the Cabinet to issue, in the absence of the Supreme Council, an urgent decree which in the ordinary course of action must have been ratified by the Supreme Council itself provided that the delegation of this power does not include the approval of international treaties and conventions, or the declaration or lifting of martial laws, or the declaration of a defensive war, or the appointment of the Chief Justice or the judges of the Federal Supreme Court.
Section Six
The Emirates
An Emirate shall exercise all the authorities not conferred by the Constitution upon the UAE, and shall participate in the UAE's structure, and benefits from its existence, services and protection.
The regime in each Emirate shall seek, in particular, to keep security and order in its territories, provide public utilities, and raise the social and economic standards in the Emirate.
All the member Emirates of the UAE shall seek to harmonize their legislation in the different fields to unify that legislation as far as possible. Two or more Emirates may, subject to the ratification of the Supreme Council, combine together in a political or administrative unit, or unify all or part of their public services, or establish a single or joint administration to run any such service.
Matters pertaining to the execution of judgments, judicial delegation, serving legal documents, and the extradition of criminals from an Emirate of the UAE to another shall be regulated by a Federal Law, for the purpose of facilitating these matters.
Section Seven
Distribution of legislative, executive and international powers between the Federation and the Emirates
The UAE has exclusive legislative and executive jurisdiction in the following matters:
- Foreign affairs.
- Defense and the federal armed forces.
- Protection of the UAE's security against internal or external threats.
- Security, order, and government affairs in the permanent capital city of the UAE.
- Federal officers and the federal judiciary Affairs.
- Federal finance, taxes, duties and dues.
- Federal public loans.
- Post, telegram, telephone, and wireless services.
- Paving, maintaining, and improving such roads as the Supreme Council may deem main roads, and regulating the traffic movement on those roads.
- Air control and issuing licenses to aircrafts and pilots.
- Education.
- Public health and medical services.
- Cash and currency.
- Measures, standards and weights.
- Electricity services.
- The federal nationality, passports, residence and immigration.
- Federal properties and all matters relating thereto.
- Census and statistics for federal purposes affairs.
- Federal mass communication.
Without prejudice to the provisions of the preceding Article, the UAE has exclusive legislative jurisdiction in the following matters:
- Labor relations and social security.
- Ownership of real properties and expropriation for the public interest.
- Extradition of criminals.
- Banks, All types of insurance.
- Protection of agricultural and animal wealth.
- Major legislation relating to the penal, civil, and commercial codes company law, civil and criminal procedure codes.
- Protection of intellectual, technical and industrial property rights, copyright, and printing and publishing rights.
- Import of arms and ammunitions except for use by the security forces of any Emirate.
- Other aviation matters that do not fall within the federal executive jurisdiction.
- Determination of the territorial waters and regulation of navigation in the high seas.
- and regulation of the free financial zones, the manner in which they are established, and how far they are excluded from scope of application of the federal legislative provisions.
The Emirates shall have jurisdiction in all the matters not conferred exclusively upon the federal authorities as provided in the two preceding Articles.
Notwithstanding Article 120, Clause (1), which provides that the UAE has exclusive jurisdiction in the matters of foreign policy and international relations, a member Emirate of the UAE may conclude limited conventions of a local and administrative nature with the neighboring countries provided that such conventions are not be in conflict with the interests of the UAE or the federal laws provided that the Federal Supreme Council be so notified in advance. If the Supreme Council objects to the conclusion of these conventions, the matter shall be put on hold until the Federal Court decides as quickly as possible on such objection. An Emirate may retain its membership in, or join, the OPEC organization and the Organization of Arab Petroleum Exporting Countries.
Prior to the conclusion of any international treaty or convention, which may affect the status of an Emirate, the competent federal authorities shall consult with that Emirate in advance. In case of disagreement, the matter shall be submitted to the Federal Supreme Court to decide on such dispute.
The Governments of the Emirates shall take the appropriate measures to execute the federal laws and the international treaties and conventions concluded by the UAE including the enactment of the local Laws, Regulations, Resolutions and Orders necessary for such execution. The federal authorities may supervise the execution of the federal laws and resolutions, international treaties and conventions, and the federal court judgments by the Emirates' governments. The competent administrative and judicial authorities in the Emirates shall provide to the federal authorities all possible assistance in this respect.
Section Eight
Financial Affairs of the Union
The general revenues of the UAE shall consist of the following resources:
- Taxes, duties and dues imposed by a Federal law in matters within the legislative and executive jurisdiction of the UAE.
- Fees and wages received by the UAE in return for services provided.
- Contribution made by member Emirates of the UAE in the Annual Budget of the UAE in accordance with the following Article.
- UAE revenue from its own properties.
The member Emirates of the UAE shall contribute a specified proportion of their annual resources to cover the annual general budget expenditure of the UAE, in the manner and on the scale to be prescribed in the Budget Law.
The law shall prescribe the method of preparing the general budget of the UAE and the final accounts. The law shall also define the beginning of the financial year.
The draft annual budget of the UAE, comprising estimates of revenues and expenditure, shall be referred to the Federal National Council at least two months before the beginning of the financial year, for discussion and submission of comments thereon, before the draft budget is submitted to the Supreme Council of the UAE, together with those comments, for approval.
The annual general budget shall be issued by a law. In all cases, where the budget law has not been issued before the beginning of the financial year. Temporary monthly funds may be made by UAE Decree on the basis of one twelfth of the funds of the previous financial year. Revenues shall be collected and expenditures disbursed in accordance with the laws in force at the end of the preceding financial year.
All expenditure not provided for in the budget, all expenditure in excess of the budget estimates and all transfers of sums from one part to another of the Budget shall be covered by a law. However, in cases of extreme urgency, such expenditure or transfer may be arranged by a Decree by Law in conformity with the provisions of Article 113 of this Constitution.
The UAE shall allocate in its annual budget a sum from its revenue to be expended on building, and construction projects, internal security and social affairs according to the urgent needs of some of the Emirates. The execution of these projects and the disbursement thereon shall be drawn from these funds. Accomplished by means of and under the supervision of the competent UAE apparatuses with the agreement of authorities of the Emirates concerned. The UAE may establish a special fund for such purpose
No federal tax may be imposed, amended or abolished except by virtue of law. No person may be exempted from payment of such taxes except in the cases specified by law. Federal taxes, duties and fees may not be levied on any person except within the limits of the law and in accordance with its provisions.
No public loans may be contracted except by a Federal law. No commitment involving the payment of sums from UAE Public treasury in a future year or years may be concluded except by means of a Federal law.
The final account of the financial administration of the UAE for the completed financial year shall be referred to the Federal National Council within the four months following the end of the said year, for its comments thereon, before their submission to the Supreme Council for approval, in the light of the Public Auditor report.
An independent Federal department headed by a Public Auditor who shall be appointed by a Decree, shall be established to audit the accounts of the UAE and its organs and apparatuses affiliated thereto, and to audit any other accounts assigned to the said department for that purpose in accordance with the law. The law shall regulate this department and shall define its responsibilities and the powers of those working therein, and the guarantees to be given to it, to its president and the employees working in it in order to carry out their duties in the most efficient manner.
Section Nine
Armed Forces and Security Forces
Every attack upon any member Emirates of the UAE shall be deemed as an attack upon all the Emirates and upon the existence of the UAE itself, which all Federal and local forces shall co-operate to repel by all means possible.
The UAE shall have armed navy and air forces with unified training and command. The Commander in Chief of these forces and the Chief of the General Staff shall be appointed and dismissed from their posts by a Federal Decree. The UAE may have federal Security Forces. The UAE Cabinet shall be responsible directly to the President of the UAE and the Federal Supreme Council for the affairs of all these forces.
The law shall regulate military service, general or partial mobilization, the rights and duties of members of the Armed Forces, their disciplinary procedures and the special regulations of the Federal Security Forces.
The declaration of defensive war shall be declared by a Decree issued by the President of the UAE after the approval thereof by the Supreme Council. Offensive war shall be prohibited pursuant to the provisions of international charters.
A Supreme Defense Council shall be set up headed by the President of the UAE. Among its members shall be the Vice President of the UAE, the Prime Minister of the UAE, the Ministers of Foreign Affairs, Defense, Finance, Interior, the Commander in Chief and the Chief of the General Staff. It shall advise and offer consultations on all matters pertaining to defense, maintenance of the peace and security of the UAE. Forming the armed forces, their equipment and development and the determination of their posts and camps. The Council may invite any military adviser or expert or other persons it wishes to attend its meetings but they shall have no right to vote in its deliberations. All matters pertaining to this Council shall be regulated by the Law.
The State shall solely have the right to establish ground, navy and air armed forces.
Any Emirate shall have the right to request the assistance of the Armed Forces or the Security Forces of the UAE in order to maintain security and order within its territories whenever it is exposed to danger. Such request shall be submitted immediately to the Federal Supreme Council for resolution. The President of the UAE and the UAE Cabinet collectively, may, if the Supreme Council is not in session, take any immediate measure which cannot be delayed and may call the Supreme Council for immediate session.
Section Ten
Final and Temporary Provisions
- If the Supreme Council deems that the high interests of the UAE require the amendment of this Constitution, it shall submit a draft constitutional amendment to the Federal National Council.
- The procedure for approving the constitutional amendment shall be the same as the procedure for approving the law.
- The approval of the Federal National Council for a draft constitutional amendment shall require the agreement of two-thirds of the votes of members present.
- The President of the UAE shall sign the constitutional amendment in the name of the Supreme Council and on its behalf and shall issue the amendment
Under no circumstances, may any of the provisions of this Constitution be suspended, except when Martial Laws are in force and within the limits specified by this law regulating such provisions. Sessions of the Federal National Council may not be suspended during such period nor may the immunity of its members be prejudiced.
In case of necessity defined by law, Martial laws shall be declared by a Decree issued with the ratification of the Supreme Council upon a proposal made by the President of the UAE and the approval of the Cabinet of the UAE. Such Decree shall be notified to the Federal National Council at its next meeting. Martial laws shall also be lifted by Decree issued with the ratification of the Supreme Council when the need, for which it was imposed, no longer exists.
Nothing in the application of this Constitution shall prejudice treaties or agreements concluded by member Emirates with states or international organizations unless such treaties or agreements are amended or abrogated by agreement between the parties concerned.
All matters established by Laws, Regulations, Decrees, Orders and Resolutions in the various member Emirates of the UAE in effect upon the coming into force of this Constitution, shall continue to be applicable unless amended or repealed in accordance with the provisions of this Constitution. Similarly, the measures and Regulations existing in the member Emirates shall continue to be effective until the issuance of laws amending them in accordance with the provisions of the Constitution.
Except for the provisions of Article 121 of this Constitution, the Emirates may issue legislations necessary for the regulation of the matters set out in the said Article without prejudice to the provisions of Article 151 of this Constitution.
The federal authorities shall strive to issue the laws referred to in this Constitution as quickly as possible so as to replace the existing legislations and systems, particularly those which are in conflict with the provisions of the Constitution.
The provisions of this Constitution shall prevail over the Constitutions of the member Emirates of the UAE. The Federal Laws which are issued in accordance with the provisions of this Constitution shall have priority over the legislations, Regulations and resolutions issued by the authorities of the Emirates. In case of conflict, that part of the inferior legislation which is in conflict with the superior legislation shall be rendered null and void to the extent that removes the conflict. In case of a dispute, the matter shall be referred to the Federal Supreme Court for deciding thereon.
This Constitution shall come into force from the date to be determined in a declaration to be issued by the Rulers signatories to this Constitution.