In line with the ambitious vision to become one of the best five governments in the world, and as part of the overall government modernisation and restructuring programme which started in 2006, Abu Dhabi Courts were formed pursuant to the Law No (23) of 2006 which restructured Abu Dhabi Judicial Department (ADJD).
The landmark law came to underscore the independence of the judicial system in the Emirate from the influence of executive bodies and emphasise its impartiality and integrity by strengthening its role in law enforcement.
The law has also given immunity for the judges to help them perform their judicial functions transparently and impartially, while holding them accountable for any negligence or misuse of the judicial power.
Abu Dhabi Judicial Department
The Abu Dhabi Judicial Department (ADJD) was set up on June 15, 2007 under the law No. (23) of 2006 to achieve justice and equality to all citizens and residents across Abu Dhabi Emirate.
ADJD exerts its efforts to foster the rule of law in society by safeguarding people’s rights, liberties and safety, through a number of departments, including the Judicial Council which oversees all judicial functions and performance, the Department Administration which supervises the implementation of strategies and administrative support, and the Public Prosecution which supervises all technical and administrative functions of the Public Prosecution.
Stages of Adjudication in Abu Dhabi Courts
The judicial system according to Abu Dhabi Courts system follows three stages of litigation, Court of First Instance, Court of Appeals and Court of Cassation. Each court is presided over by a president supported by a number of judges and skilled administrative staff. Abu Dhabi Courts report to the Judicial Council headed by the President of the Court of Cassation.
Court of Cassation
The Court of Cassation is the highest judicial institution in the Emirate. It has the jurisdiction to look into appeals challenging the rulings of the appellate courts, conflict of jurisdiction between the courts in the Emirate and questioning the members of the Executive Council and other senior civil servants in the Emirate who are appointed by an Emiri Decree.
The Court comprises five divisions: criminal, commercial, civil, personal status and administrative, in addition to the Judges Affairs Department.
All divisions of the Court of Cassation have three judges, and the court hearings are held in open sessions except under certain circumstances. In all cases, the judgments are delivered in open sessions and are final and binding on all.
Courts of Appeal
The Courts of Appeal are higher courts which look into appeals from appellants challenging the decisions of a first instance court (lower court) in all kinds of disputes under the provisions of the civil and procedural laws applied in the Emirate.
The Courts of Appeal in Abu Dhabi are divided into civil, commercial, labour, personal status, criminal and administrative divisions and each of them look into appeals within their respective jurisdiction. All divisions have three judges who give their verdicts in cases on appeal from first instance courts.
The Courts of Appeal in Abu Dhabi are located in Abu Dhabi, Al Ain city and Al Dhafra.
Courts of First Instance
The Court of First Instance is the largest court within the Abu Dhabi Judicial Department in terms of its size, divisions and diversity of jurisdiction. In addition to Abu Dhabi First Instance Court, there are first instance courts in Al Ain and Al Dhafra.
Abu Dhabi First Instance Court is divided into three main sections and their sub sections based on the type and jurisdiction of the case. They include civil cases section which looks into civil, commercial, administrative, labour and summary cases; civil status cases section, which comprises family, inheritance, documentation and proclamations and family guidance and criminal cases section which includes criminal, misdemeanor and offences.
Commercial Court in Abu Dhabi
The Commercial Court was established in May 2008 under the initiative of HH Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs and Chairman of ADJD to cater to the growing needs of Abu Dhabi’s burgeoning business sector and to provide effective judicial and innovative services impartially.
The Commercial Court comprises full benches, partial benches, a Court of Appeal and a Reconciliation Committee that helps the Court find amicable solutions for disputes.
The Court offers an evening session for adjudication.
Abu Dhabi Public Prosecution
The Public Prosecution Office (PPO) in Abu Dhabi Emirate was formed pursuant to the Law No. (23) of 2006, and regulated in 2007 by a decision made by HH Sheikh Mansour bin Zayed Al Nahyan, which reorganised the existing prosecution offices and established new ones.
The Public Prosecution Office includes Cassation Prosecution Office, Appeals Prosecution Office, Major Prosecution Offices and Minor Prosecution Offices.
The Public Prosecution is part of the judicial system in the Emirate and is responsible for filing criminal cases, investigation, indictment, and referring the accused to the competent court if found guilty. Other responsibilities of the Prosecution include supervising penitentiary and detention facilities, permitting law enforcement personnel to contact detainees and executing orders and judgments in the criminal case, among others.
The Public Prosecution consists of the Attorney General, senior public prosecutors, public prosecutors, the heads of prosecution departments and prosecution under secretaries.
ADJD Services
The Abu Dhabi Judicial Department offers a wide gamut of services including notary public, attestations and authentications, fatwa, reconciliation and settlement, embracing Islam, family guidance, marriage and translation, among others.
Source:
Criminal Procedural Law – UAE E-Legal Portal. Further details on procedures for criminal cases can be found under the UAE Criminal Procedural Law – UAE E-Legal Portal.
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