Legal and Judicial System

The UAE's constitutional structure ensures balanced and lawful exercise of the State’s legislation, establishing dedicated institutions for the promotion and protection of human rights in the country.

The UAE is a federal, independent and sovereign state. Its constitution, established in 1971, entrusts the government of state affairs to a set of federal authorities, namely: the Federal Supreme Council, the President and the Vice President, the Cabinet or the Council of Ministers, The Federal National Council, and the Federal Judiciary.

The Federal Supreme Council is the highest constitutional authority in the UAE. It consists of the Rulers of the seven Emirates constituting the federation, or their deputies in their respective emirates in case of Ruler's absence or unavailability. The Council is the highest legislative and executive authority which is responsible for drawing up general policies and approves various federal legislations.

The President and the Vice President of the UAE The Federal Supreme Council elects from among its members a President and Vice President of the Union. The Vice President assumes all the President's responsibilities in the event of the latter's absence for any reason. Additionally, the Union's President may nominate another Vice President.

The Cabinet of the United Arab Emirates is the Executive Body of the UAE. It consists of the Prime Minister, his deputies and a number of ministers, chosen from among citizens of the Union known for their competence and experience. The Cabinet manages all internal and foreign affairs of the federation under the Constitution and federal laws.

The Federal National Council (FNC) The FNC is the consultative parliamentary body of the UAE. It is composed of 40 members, half of whom are women. Since 2006, half of the 40-member of the Federal National Council have been elected by electoral colleges in every Emirate. The Federal National Council is a member of the International Parliamentary Union and the Arab Parliamentary Union.

The Federal Judiciary The Federal Judiciary consists of independent courts guaranteeing the rule of law, in line with Article 94 of the Constitution, which states that “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”. Judges are subject only to the law, which protects them from any external interferences. Everyone in the UAE, including foreign nationals, have the right to access the UAE judiciary system for a fair trial, which includes the right to be heard, to submit evidence for the judges’ evaluation, and to challenge adverse decisions. Legal aid is provided to those who cannot afford representation, ensuring that economic conditions are not an obstacle to justice for anyone.

National Legislation and Implementation

In the UAE, the law establishes a reliable set of guarantees for all individuals, and their implementation is guaranteed by an effective judicial system that is available to all. The country has ranked first in the MENA region on the independent ‘Rule of Law’ 2022 Index, consistently leading the regional lists in categories such as ‘Regulatory Enforcement’, ‘Civil Justice’, ‘Criminal Justice’.

The Emirati Constitution establishes justice, equality, and the rule of law as fundamental legal precepts in the UAE. It asserts that “all persons are equal before the law, without discrimination based on race, nationality, religious belief, or social status”. It also provides elsewhere that “foreigners in the UAE enjoy the rights and freedoms stipulated in the applicable international instruments or in the treaties and conventions to which the UAE is a party and have to perform the duties which correspond to those rights and freedoms". Moreover, the Constitution prohibits torture and degrading treatment, guaranteeing everyone’s personal liberty and freedom from arrest, search, detention, and imprisonment other than in accordance with the law. These rights and freedoms are granted to citizens and non-citizens alike.

The Constitution also protects civil liberties, including freedom of movement, freedom of expression, freedom of the press, freedom of religion, the right to peaceful assembly, the right to ownership and property, and the right to private life in accordance with the laws and regulations in the country. As Islam is the official religion of the Union, the tenets of UAE laws are influenced by Islamic precepts of Sharia, a major source of the country’s legislation. Most codified UAE laws reflect the influence of Islamic norms and other norms from the civil law tradition, such as the Egyptian and French systems.

The UAE Constitution, the Civil Procedure Law, and the Evidence Law form a comprehensive legislative architecture ensuring that everyone in the UAE can approach, obtain redress, and enforce legal rights through a competent court of law, which is legally bound to follow a transparent and fair adjudication process and to decide disputes in accordance with the law.

The Criminal Law, in particular, includes robust rule of law guarantees that shape the functioning of court proceedings relating to individual criminal responsibility. The Federal Penal Code and the Criminal Procedures Law assume that all accused benefit from a presumption of innocence, and no penalty can be imposed without a conclusive and court-decided finding of liability. Anyone accused of a felony must have a lawyer at the trial stage. If the accused does not appoint a lawyer, the court must assign an ex officio lawyer and bear the lawyer’s expenses.

The UAE laws concerning civil and commercial transactions are reviewed and updated regularly to meet the evolving needs of business and civil society. Sharia-compliant rules govern matters of personal status (especially family ones) in the UAE and are applicable in proceedings before Sharia courts, which operate alongside civil and criminal ones, mainly for UAE citizens. Federal Decree Law No. 41 of 2022 on the Civil Personal Status regulates family affairs of non-Muslim residents of the UAE and provides them with the option to follow the laws of their home country.

In addition to fairness and openness, UAE courts strive to provide litigants with speedy justice and advanced tools to resolve the disputes effectively and without unnecessary costs and delays. In 2017, the UAE approved the use of “electronic trials” to provide speedy civil trials and keep up with technological changes. Through video-calls, specialised courts can hear disputes related to labour matters, finance, contracts, or even intellectual property rights. In 2018, Dubai Courts, in cooperation with the Dubai Future Foundation, launched the C3 Court, a system that drastically cuts down the length of proceedings, instituting panels composed of first instance, appellate, and supreme judges, who hear the case together and produce final decisions.