ME-ALLIANCE LEGAL UPDATE
The Emirate of Abu Dhabi has taken a significant step in strengthening its legal framework by establishing a dedicated Judicial Department. This new institution will report directly to the Ruler and is designed to enhance the efficiency, transparency, and integrity of the judicial system. By centralizing judicial functions and implementing innovative practices, the department aims to uphold the rule of law, ensure fair access to justice, and foster public trust in the legal process. The establishment of this department reflects the Emirate’s commitment to modernizing its judiciary and improving the overall administration of justice.
Structure and Leadership:
The Judicial Department will be led by a President, appointed by Emiri decree, who will be assisted by an Undersecretary and specialized assistant undersecretaries. An organizational structure will be defined by the President to streamline operations and enhance efficiency.
Specialized Courts:
Various court levels will be established, including first instance, appeal, and cassation courts. Specialized courts may also be created to address specific legal needs, ensuring effective handling of diverse matters.
Judicial Circuits:
Judicial circuits will encompass civil, commercial, penal, and administrative departments. Additional specialized departments may be formed to manage specific case types, with operational procedures outlined by the Judicial Council.
Court of Cassation:
The Court of Cassation, based in Abu Dhabi, will review appeals and resolve jurisdictional conflicts among emirate courts, operating through a general assembly of judges.
Language and Procedures:
Arabic will serve as the primary language of the courts, although English may be used in specialized cases. Court sessions are generally public, unless confidentiality is required for sensitive matters.
Appointment of Judges:
Judges will be appointed through a process involving the Judicial Council, which will review qualifications including legal education and professional experience. The Council will also oversee promotions and transfers within the judiciary.
Public Prosecution:
A Public Prosecution will operate under the Attorney General, who is appointed similarly to judges and adheres to the same legal standards and ethical guidelines.
Accountability and Disciplinary Measures:
Judges and Public Prosecutors will be subject to strict codes of conduct, with specific provisions for disciplinary actions managed by a Judicial Affairs Department. Inspections will be conducted to ensure compliance and efficiency.
Use of Artificial Intelligence:
Artificial intelligence systems may be applied to all judicial services and operations within the Emirate, following applicable legislation. The implementation processes must respect fundamental rights and adhere to international standards, ensuring data security and privacy.
Global Judicial Indicators:
Global indicators will be used to measure the efficiency of the judicial system. These indicators will assess various metrics, including case resolution rates, user satisfaction, and the adoption of technology in courts. Amendments to these indicators may occur as needed to enhance judicial leadership.
The establishment of the Judicial Department represents a pivotal step forward in creating a more organized and accountable legal system in the Emirate. This initiative not only ensures that justice is administered fairly and effectively but also strengthens public trust in the judiciary.