Establishing an Independent Judicial Authority for the Emirate of Sharjah Outside the Federal Judicial System
His Highness Sheikh Dr. Sultan bin Muhammad Al Qasimi, Member of the Supreme Council and Ruler of Sharjah, has issued three Emiri decrees that establish an independent judicial authority for the Emirate of Sharjah. This marks the foundation of the Sharjah Independent Judiciary Authority, aimed at strengthening the legal framework in the region.
One decree establishes the Sharjah Judicial Council, which will serve as the highest judicial authority in the emirate. The council will assist the ruler in overseeing and organizing the judicial system, enjoying both financial and administrative independence. The council is chaired by Sheikh Sultan bin Ahmed Al Qasimi, Deputy Ruler of Sharjah, and includes members such as the Head of the Judiciary Department, the Head of the Legal Department of the Sharjah Government, the President of the Court of Cassation, the Director of Judicial Inspection, and two judicial members chosen by the council.
The second and third decrees pertain to the establishment of the Sharjah Judiciary Department and the Public Prosecution. Members of the judiciary and administrative staff who are currently under the Federal Ministry of Justice will be transferred to the new Sharjah Judicial Authority, as determined by the council. This transfer of staff will also apply to the Public Prosecution.
Additionally, all assets, contracts, rights, obligations, and technical systems related to the judiciary and prosecution in Sharjah will be transferred from the Ministry of Justice to the newly formed authorities.
Transitional Provisions: During the transitional period, and until the enactment of laws regulating the judiciary and the public prosecution in Sharjah, the judicial system in the emirate will continue operating under the Ministry of Justice’s existing regulations. A joint committee, consisting of members from the Sharjah Government and the Federal Supreme Judicial Council, will oversee the transition, reporting to the relevant higher authorities.
This move reflects Sharjah’s commitment to furthering its judicial independence and enhancing its legal system while maintaining collaboration with federal entities during the transition.
With these decrees, the Emirate of Sharjah joins Abu Dhabi, Dubai and Ras Al Khaimah in having a local judiciary. The decrees also included a reference to a Court of Cassation, which means that the UAE will have five supreme courts, four of which are local and the fifth is for the federal judiciary. The issuance of the Judicial Authority Regulation Law is awaited so that all details regarding the judicial system in the Emirate of Sharjah can be known.
This piece was written by Dr Kamel.
