The Legislative Evolution of Court Jurisdiction over Cases Involving Ministries and Government Entities
DOI:
https://doi.org/10.35246/meew0v82Keywords:
Procedural Legislation, Federal Primary Court, Jurisdiction, Ministries and Federal Entities, DisputesAbstract
The jurisdiction over disputes involving federal entities and ministries in the United Arab Emirates has evolved through several legislative stages. Initially, according to the procedural legislation, jurisdiction over such disputes was assigned to the comprehensive circuit of the primary court, regardless of the subject matter's value. Subsequently, an amendment allocated jurisdiction to the comprehensive circuit of the Federal Primary Court in the Emirate of Abu Dhabi, with the potential for the same court in other emirates to handle disputes involving federal entities and ministries. Following the repeal of previous legislation and the enactment of the new procedural law, No. 42 of 2022, exclusive subject matter jurisdiction for disputes involving federal entities and ministries was conferred upon the Federal Primary Court in the Emirate of Abu Dhabi, designating it as the sole competent court for these disputes. This legislative evolution, has led us to address this topic in two sections: The first section examines jurisdiction over disputes involving ministries and federal entities prior to the issuance of Federal Decree-Law No. 42 of 2022. The second section explores jurisdiction over these disputes under Federal Decree-Law No. 42 of 2022. At the conclusion of the study, we will propose a set of recommendations as legislative solutions to the UAE procedural legislator, based on our analysis of the legislative texts reviewed.
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References
First: Books
I. Ahmad Muhammad Meleiji, Principles of Civil and Commercial Procedures Law in the UAE, Dar Al Qalam, Dubai, 1986.
II. Ahmad Nasr Al-Jundi, Explanation of the Civil Procedures Law of the UAE, Book One, Dar Al Kutub Al Qanuniya, Egypt – UAE, Dar Shatat for Publishing and Software, Egypt – UAE, 2015.
III. Amal Fawzi Ahmad Awad, Mechanisms for Developing the Judicial System and Challenges of Transitioning to Digital Justice, Arab Democratic Center, Berlin, Germany, 1st ed., 2022.
IV. Bakr Abdel Fattah Al-Sarhan, Explanation of the UAE Civil Procedures Law According to the Latest Amendments, Dar Al Hafiz, UAE, 2021.
V. Bakr Abdel Fattah Al-Sarhan, Explanation of the UAE Civil Procedures Law in Light of Federal Decree-Law No. (42) of 2022, Dar Al Hafiz Library, 2nd ed., 2024.
VI. Khalid Mamdouh Ibrahim, Remote Litigation Procedures in Civil and Penal Matters in UAE Federal Law, University Thought House, Alexandria, Egypt, 1st ed., 2020.
VII. Abdul Hamid Muhammad Al-Hosani, Litigation Procedures in Administrative Cases in the UAE, Al Maarif Establishment, 2013.
VIII. Ali Abdul Hamid Turki, Explanation of the Civil Procedures Law, Dar Al Nahda Al Arabiya, Cairo, 2nd ed., 2011.
IX. Mohammad Samer Al-Qattan, Explanation of the UAE Civil Procedures Law According to Federal Decree-Law No. 42 of 2022 Effective from January 2, 2023, Dar Al Nahda Al Ilmiya, UAE, 2023.
X. Mahmoud Rabie Khater, Comprehensive Guide to UAE Legislations and Judgments: Civil Procedures Law with Annotations of the Latest Judicial Rulings, Dar Mahmoud for Publishing, Cairo, 2022.
XI. Mariam Ahmad Al-Sandal, Explanation of the Civil Procedures Law According to Federal Law No. 11 of 1992 and Its Amendments and Its Executive Regulations Issued by Ministerial Decision No. of 2018 and Its Amendments and Other Federal and Local Legislations, Dar Al Nahda Al Arabiya, Egypt, Dar Al Nahda Al Ilmiya, UAE, 2021.
XII. Mustafa Metwally Qandil, Judiciary and Litigation According to the Civil Procedures Law of the UAE, Bright Horizons Publishers, Egypt, 2011.
Second: Articles and Scientific Research
XIII. Said Omar Said Al-Buraiki, Management of Civil Litigation in UAE Law, Moroccan Law Journal, Dar Al-Salam Printing and Publishing, Issue 46, January 2021.
XIV. Abdullah Muhammad Ali Salman Al-Marzouqi, Electronic Litigation (Smart Litigation) and Electronic Judiciary (Smart Judiciary): A Comparative Study of UAE Legislation with Some Arab and Foreign Systems, University of Sharjah Journal of Legal Sciences, Vol. 18, Issue 2, 2021.
Third: Academic Theses
XV. Abdullah Muhammad Ali Salman Al-Marzouqi, Electronic Litigation (Using Smart Communication Means in Litigation) and Electronic Judiciary (Smart Judiciary), Master's Thesis, College of Law, University of Sharjah, 2021.
XVI. Mariam Ahmad Khalfan Sandal, Jurisdiction and Competence and Conflict Issues in Federal and Local Judiciary of the UAE, Doctoral Dissertation, College of Law, University of Sharjah, 2020.
Fourth: Laws and Legislations
XVII. UAE Constitution of 1971.
XVIII. UAE Civil Procedures Law No. (12) of 1992.
XIX. Civil Procedures Law Amended by Federal Law No. (30) of 2005.
XX. Civil Procedures Law Amended by Federal Law No. (10) of 2014.
XXI. Federal Decree-Law No. (42) of 2022 Issuing the Civil Procedures Law.
XXII. Federal Decree-Law No. (32) of 2022 Concerning the Federal Judicial Authority.
Fifth: Websites
XXIII. UAE Government Official Portal: [Home | UAE Government Official Portal](https://u.ae)
XXIV. East Laws Network: [https://www.eastlaws.com](https://www.eastlaws.com)
XXV. Emirat Al Youm Newspaper: [https://www.emaratalyoum.com](https://www.emaratalyoum.com)
XXVI. Dubai Courts Website: [https://www.dc.gov.ae](https://www.dc.gov.ae)
XXVII. Ministry of Justice Website: [http://elaws.moj.gov.ae](http://elaws.moj.gov.ae)
XXVIII. Abu Dhabi Judicial Department Website: [https://www.adjd.gov.ae/AR/pages/aboutadjd.aspx](https://www.adjd.gov.ae/AR/pages/aboutadjd.aspx)
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