Dubai

INTRODUCTION

ABSTRACT

The following materials briefly outline information relevant to the formation and operation of autonomous municipal governments in the Emirate of Dubai. Dubai’s government is a constitutional monarchy that operates within the limits of the United Arab Emirates collectively, while retaining control over many internal issues related to the creation and operation of municipal governments. Although every effort is made by the Startup Cities Institute to provide as accurate and comprehensive a description of autonomous municipal governments in Dubai as possible, the following is merely an overview of the highly complex and diverse system which exists within the United Arab Emirates, Dubai, and such jurisdictions. Consequently, the information provided is solely intended as a method for obtaining a basic understanding matters related to local governance in Dubai and should not be considered an exhaustive, nor authoritative statement of law. For specific information regarding such zones, please consult the Constitution of the United Arab Emirates, Federal Laws, and Dubai Laws; including, but not limited to, specific laws establishing local governments and describing relevant matters.


AUTHORITY

The following generally describes the procedure for establishing zones in Dubai; for clarification regarding the branches of government referenced herein, please refer to the section discussing the structure of the host government.[1] Under article 121 of the United Arab Emirates (UAE) Constitution, the federal government has exclusive jurisdiction over the “organization and method of establishing financial free zones…”[2] All powers and jurisdiction not vested in the Union by the Constitution are within the powers and jurisdiction of the individual Emirates;[3] thus, individual Emirates have authority over laws regarding the formation and organization of other types of zones.[4]

 

[1] Dubai, Governance: Emirate and Union (summarizing governance structures in Dubai and the UAE).

[2] United Arab Emirates Const. art. 121.; see e.g. UAE Fed. Law 8 of 2004, Art. 2 (explaining laws establishing Financial Free Zones may be promulgated by Federal Decree); see also Startup Cities Institute, Dubai, Locality (small caps), (Jun. 3, 2014), http://locality.ufm.edu/countries/dubai/ (flag page down)

[3] United Arab Emirates Const. art. 122.

[4] Aparna Shivpuri Arya, Understanding Free Zones, Middle East Trade and Export: Free Zones (June 18, 2012), http://www.tradeandexportme.com/2012/06/understanding-free-zones/.


FORMATION PROCEDURE

Section 121 of the UAE Constitution vests the Union with exclusive authority for establishing laws for the “organization and method of establishing financial free zones.”[1] Federal Law No. 8 of 2004 requires that financial free zones be formed by Federal Decree.[2] Section 122 of the Constitution reserves all jurisdiction to the Emirates not vested in the Union by the Constitution.[3] Thus, Free zones, other than those classified as Financial Free Zones, are established by mandate by the ruler of the individual Emirate.[4]

 

[1] United Arab Emirates Const. art. 121.

[2] Federal Federal Law No. 8 of 2004 of the United Arab Emirates, art. 2 (March 14, 2004) available at http://www.elaws.gov.ae/EnLegislations.aspx.

[3] United Arab Emirates Const. art. 122.

[4] See Federal Law No. 8 of 2004 of the United Arab Emirates art. 1 (March 14, 2004) available at http://www.elaws.gov.ae/EnLegislations.aspx (defining Financial Free Zones and Financial Activities).

[5] Aparna Shivpuri Arya, Understanding Free Zones, Middle East Trade and Export: Free Zones (June 18, 2012), http://www.tradeandexportme.com/2012/06/understanding-free-zones/; see e.g. Law No. 1 of 2000 of the Emirate of Dubai (January 31, 2000) available at http://dtmfza.gov.ae/images/01_Law_No._1_of_2000_-_Establishing_DTMFZA_-_Issued_on_29_Jan_2000.pdf (establishing the Dubai Technology, Electronic Commerce & Media Free Zone)


MODIFICATION

Generally, laws promulgating both the establishment of Financial Free Zones and other types of Free Zones in the United Arab Emirates provide for the repeal of any law or provision inconsistent with the law promulgating the creation of a zone; thus, it is unlikely that the Union, Dubai, or Zone Authorities would propose or enact legislation in conflict with any provision of law establishing a respective zone. [1]

 

[1] See e.g. Law No. 1 of 2000 of the Emirate of Dubai, art. 29; compare e.g. Law No. 1 of 2004 of the United Arab Emirates, art. 7 (granting the Dubai Financial Services Authority powers conferred by the Law or by the Ruler of Dubai); see also Federal Law No. 8 of 2004 of the United Arab Emirates, art. 7(3) (permitting the individual Emirates to enact legislation regarding Financial Free Zones only necessary to the regulation of such zones); but see United Arab Emirates Const. arts. 112, 151 (permitting the United Arab Emirates authority to establish ex post facto laws in non-criminal matters and granting Federal Constitutional provisions and Laws supremacy over those of the Emirates respectively).


PARTIES

LOCAL JURISDICTION

Section 121 of the Constitution provides the Union with sole authority regarding the formation and organization of Financial Free Zones.[1] The area and location of Financial Free Zones are therefore defined by the Federal Cabinet.[2] Under section 122, the individual Emirates have jurisdiction over all matters not vested in the Union by the Constitution;[3] thus, the individual Emirates have authority to define the territory and jurisdiction of zones not within the definition of Financial Free Zones.[4]

EMIRATE

The individual Emirates, including Dubai, are described under section 1 of the Constitution; additionally, the section describes the process for other Arab nations to join the United Arab Emirates.[5] Each Emirate has sovereignty over its territory and territorial waters in all matters not vested in the Union by the Constitution.[6]

UNION
Under article 1 of the United Arab Emirates Constitution, the Union consists of seven nations including Dubai.[7] Further, the Union has sovereignty over the territory and territorial waters of the Emirates in accordance with the Constitution.[8] Additionally, the Union is explicitly considered to be part of the “Great Arab Nation, to which it is bound by the ties of religion, language, history and common destiny.”[9]

CITIZENS

The people of the Union are considered people of part of the Great Arab Nation and have a single nationality described by law.[10] Federal Law No. 17 of 1972 defines citizens and methods of obtaining citizenship.[11]

NON-CITIZEN THIRD PARTIES

Individuals not having the nationality of the United Arab Emirates,[12] (see above) are considered aliens under Federal Law No. 6 of 1973.[13] However, the ownership rights and licensing requirements ay vary depending on the type of zone and the particular requirements adopted within a particular jurisdiction.[14]

 

[1] United Arab Emirates Const. art. 121.

[2] See e.g. Federal Law No. 8 of 2004 of the United Arab Emirates (March 14, 2004), available at available at http://www.elaws.gov.ae/EnLegislations.aspx.

[3] United Arab Emirates Const. art. 122.

[4] See e.g. Law No. 1 of 2000 of the Emirate of Dubai, art. 3 (January 31, 2000) available at http://dtmfza.gov.ae/images/01_Law_No._1_of_2000_-_Establishing_DTMFZA_-_Issued_on_29_Jan_2000.pdf (describing the territorial and jurisdictional entity of the Dubai Technology, Electronic Commerce & Media Free Zone).

[5] United Arab Emirates Const. art. 1.

[6] United Arab Emirates Const. art. 2.

[7] United Arab Emirates Const. art. 1.

[8] United Arab Emirates Const. art. 3.

[9] United Arab Emirates Const. art. 6.

[10] United Arab Emirates Const. art. 8.

[11] See Federal Law No. 17 of 1972 of the United Arab Emirates (November 18, 1972) available at http://www.elaws.gov.ae/EnLegislations.aspx.

[12] See supra. Citizens

[13] See Federal Law No. 6 of 1973 of the United Arab Emirates (July 25, 1973) available at http://www.elaws.gov.ae/EnLegislations.aspx.

[14] See e.g. Federal Law No. 8 of 2004 of the united Arab Emirates, art. 4 (March 14, 2004) available at http://www.elaws.gov.ae/EnLegislations.aspx (describing licensing requirements and limitations in Financial Free Zones); compare Law No. 1 of 2000 of the Emirate of Dubai, art. 19 (January 31, 2000) http://dtmfza.gov.ae/images/01_Law_No._1_of_2000_-_Establishing_DTMFZA_-_Issued_on_29_Jan_2000.pdf (permitting incorporation of Limited Liability Companies regardless of citizenship status).


PURPOSE

Article 12 describes Chapters II of the Constitution sets forth the economic bases of the Union and requires the Union and Emirates to cooperate “within the limits of their jurisdiction and abilities, in executing the provisions of this Chapter.”[1] Consequently, the Union and Emirates are generally vested with authority to establish zones for any purpose not inconsistent with their respective jurisdictions or constitutional duties. Additionally, Financial Free Zones are subject to different requirements, regarding their formation and organization, than other types of zones;[2] thus, laws promulgated by either Federal Decree or Emirate Decree generally define the purpose of a particular zone and the type economic activities permitted within its jurisdiction.[3]

 

[1] United Arab Emirates Const. Ch. II; see also United Arab Emirates Constitution art. 121 (describing the jurisdiction of the Union regarding Financial Free Zones); id. at art. 122 (reserving all jurisdiction to the individual Emirates not vested in the Union by the Constitution).

[2] See Authority and Formation.

[3] See e.g. Federal Law No. 8 of 2004 of the united Arab Emirates, art. 2 (March 14, 2004) available at http://www.elaws.gov.ae/EnLegislations.aspx (describing licensing requirements and limitations in Financial Free Zones); compare Law No. 1 of 2000 of the Emirate of Dubai, art. 2 (January 31, 2000) available at http://dtmfza.gov.ae/images/01_Law_No._1_of_2000_-_Establishing_DTMFZA_-_Issued_on_29_Jan_2000.pdf (permitting incorporation of Limited Liability Companies regardless of citizenship status).


LOCAL GOVERNMENT

STRUCTURE

GENERALLY

All matters not allocated to Federal jurisdiction by the Constitution is within the jurisdiction of the individual Emirates.[1] Thus, the Union has sole authority only regarding the formation and organization of Financial Free Zones.[2]

LEGISLATIVE

Generally, Legislative authority of Free Zones is vested in a governing board by the Ruler of Dubai in the law establishing the particular Zone.[3] However, Financial Free Zones are required by Federal Law to have a body corporate, and several other Legislative entities depending on the law establishing the Zone.[4]

EXECUTIVE

The Executive structure of Free Zones is also generally stipulated by the Ruler of Dubai in the law establishing a Free Zone;[5] except for Financial Free Zones which are required to have certain executive authorities by Federal Law.[6]

JUDICIAL

Notwithstanding Federal law No. 8 of 2004, which requires Financial Free Zones have a judicial system,[7] Free Zones generally may have judicial or arbitral authority conferred by the Ruler of Dubai including jurisdiction over matters between Free Zone Establishments and parties outside the zone.[8]

 

[1] United Arab Emirates Const. art. 122.

[2]  United Arab Emirates Const. art. 121.

[3] See e.g. Law No. 1 of 2000 of the Emirate of Dubai arts. 4-6.

[4] See Law No. 8 of 2004 of the United Arab Emirates art. 2, see e.g. Regulatory Law No. 1 of 2004 § 9, 21-22 (2014).

[5] See e.g. Law No. 1 of 2000 of the Emirate of Dubai arts. 4, 7.

[6] See Law No. 8 of 2004 of the United Arab Emirates art. 2; See e.g. Regulatory Law No. 1 of 2004 § 9, 26, 31, 39 (2014).

[7] See e.g. See Law No. 8 of 2004 of the United Arab Emirates art. 2; See e.g. Regulatory Law No. 1 of 2004 § 9, 26, 31, 39 (2014).

[8] See e.g. Law No. 1 of 2000 of the Emirate of Dubai.


ELECTIONS

GENERALLY

The United Arab Emirates does not have a system for popular elections and is governed by constitutional monarchy.[1]

LEGISLATIVE

The governing body of Free Zones is typically appointed by the Ruler of Dubai in, or pursuant to, the law establishing the Zone.[2] However, Federal law requires that Financial Free Zones have a body corporate, which is generally appointed by the President of the Union in, or pursuant to, the Federal decree establishing the Zones.[3]

EXECUTIVE

Similarly, the selection, or permissible process, for selecting executive officers is generally provided by the Ruler of Dubai in the law establishing a Free Zone;[4] except in the case of Financial Free Zones, which typically provide for the selection of executive officers in a Federal decree, issued by the President, establishing the Financial Free Zone, or pursuant to provisions of such law.[5]

JUDICIAL

Free Zones typically operate under the judicial system of the Emirate.[6] Nonetheless, Financial Free Zones are required by Federal law to establish judicial entities, which also generally provides the process for selecting such agents.[7]

 

[1] Federal Research Division, Country Profile: United Arab Emirates, Library of Congress at 19-20 (2007).

[2] See e.g. Law No. 1 of 2000 of the Emirate of Dubai arts. 5-7

[3] Law No. 8 of 2004 of the United Arab Emirates art. 2 see e.g. Regulatory Law No. 1 of 2004 §§ 9, 20-22, 26, 31, 36, 39 (2014).

[4] See e.g. Law No. 1 of 2000 of the Emirate of Dubai arts. 6-7

[5] See Law No. 8 of 2004 of the United Arab Emirates art. 2; see e.g. Law No. 1 of 2004 of the united Arab Emirates art. 22.

[6] See e.g. Law No 1 of 2000 of the Emirate of Dubai (establishing only legislative and executive bodies).

[7] See. Law No. 8 of 2004 of the Untied Arab Emirates art. 2; see e.g. Law No. 1 of 2004 of the United Arab Emirates art. 31.


POWERS

GENERAL

The powers vested in a particular zone depend in part on whether it is a Financial Free Zone and the particular activities and products which the Zone is formed to provide.[1] Consequently, the following generally exemplify the powers that may be vested in branches of Free Zones and Financial Free Zones respectively.[2]

The Dubai Technology and Media Free Zone Authority (DTMFZA),[3] has broad authority regarding property owned by the Zone and granting guarantees and securities.[4] The Zone authority has the power to carry out several functions including: (1) infrastructure development, (2) business regulation in the Zone, (3) providing telecommunications and Internet services, (4) regulation of Internet Commerce sites; (5) establishing and licensing establishments; (6) regulation of commerce between establishments in the Zone and parties outside; (7) establishing agreements with other Free Zones; (8) provide requested agents to Zone establishments as required; (9) provide additional services; (10) levy fees; (11) establish and manage a Zone investment fund; and (12) establish and enter partnerships with other parties inside or outside the Free Zone.[5]. However, the authority of the Zone is subject to several limitations regarding permissible activities and products,[6] the imposition of customs duties,[7] taxation and restrictions on transfer of profits outside the zone,[8] restrictions on private ownership,[9] and restrictions on persons eligible for employment in the zone.[10] The Authority, and companies within, are exempt from laws of the Dubai Municipality, the Department of Economic Development or the Rent Committee, or any subordinate authorities within their jurisdiction, except for environmental laws.[11] As well, the Cone has authority over several matters regarding the establishment and registration of establishment, including limited liability companies;[12] however, the Authority may not reduce disclosures required of limited liability companies.[13] Finally, the Authorities of the Zone may not establish laws in conflict with that establishing the Dubai Technology and Media Free Zone.[14]

General provisions of Federal law place few restrictions on the authority of Financial Free Zone Authorities.[15] The powers of a Financial Free Zones therefore are delineated primarily in the establishing law.[16] For example, Law No. 1 of 2000 vests the Dubai Financial Services Authority (DFSA) with broad authority including powers with respect to the creation of its own constitution; any authority conferred by the Ruler of Dubai; licensing of Zone establishments; supervision and investigation of Zone establishments.[17] Conversely, the establishing law also sets out applicable restrictions on the scope of DFSA powers; for example, limits include: (1) the objectives and purposes the zone must apply when exercising its authority;[18] (2) independent review of DFSA actions and compliance with reporting requirements;[19] and (3) budgeting, accounting, and auditing requirements.[20] Under certain conditions and at the request of the relevant authority, the DFSA may exercise its powers to aid the functions of specified regulators.[21] Generally, the DFSA has authority to delegate specified functions and powers to representatives of certain authorities.[22] The general powers vested in the DFSA Board of Directors include: (1) ensuring performance of statutory functions of by DFSA within objectives; (2) making policies regarding matters in DFSA jurisdiction including financial matters,(3) reviewing performance of Chief Executive and provide written directions for Chief Executive’s statutory functions; (4) arrange binding and non-binding agreements, not in conflict with treaties to which the UAE is a party, on behalf of the zone; and (5) accept delegations of powers in accordance with Dubai Law.[23]

LEGISLATIVE

The Dubai Technology and Media Free Zone Authority is vested with financial and administrative independence.[24] The Chairman of the governing board has authority to issue regulations necessary to the operation and administration and for the implementation of the establishing law.[25] Authority of the Board of Directors is limited to a three-year term and the Board has authority to make proposals regarding its internal regulations, which must be approved by the Chairman.[26] The Chairman has authority to issue a special regulation governing recruitment, appointment, terms and conditions of employment, dismissal, salaries, duties, rights, and other matters involving employees of the Executive body.[27] The Chairman may extend the period which establishments and employees in the Free Zone are exempted from limitations on repatriation and transfers of capital to places outside the Free Zone.[28]

The legislative powers of the DFSA Board of Directors include: (1) reviewing and submitting draft laws to the President recommending enactment; (2) reviewing and making rules and issue DFSA standards and codes of practice; and (3) making written submissions to the President on matters beyond DFSA jurisdiction.[29] Further, the Board of Directors is permitted to delegate certain functions to a committee or the Chief Executive as provided and may act through the Chief Executive.[30] Additionally, the Board of Directors may appoint, renew the appointment of, or remove from office the Chief Executive provided it consults with the President beforehand.[31] The Board of Directors has authority to make rules related to the objectives, powers, functions, and facilitating the administration of the DFSA including: (1) licensing and registration procedures; (2) types and amounts of financial resources required to be maintained by individuals in the DFSA; (3) business practice standards for dealing with current or prospective customers or clients; (4) resolutions of disputes and conduct of specific persons in the DFSA; (5) operations of market institutions including notification, approval, and guidance, regulatory functions of the Institution, and the conduct and supervision of such regulatory functions; and (6) the conduct regarding the exercise of powers of employees and agents, including discretionary, investigatory, and reviewing functions.[32] Further, the Board may generally bind parties required to comply with provisions of the Rules by incorporating standards or codes adopted by reference into the Rules.[33] Legislation made under the law is considered an exercise of all applicable powers under which such legislation could be made.[34] The Board may stipulate that a rule does not apply or applies as modified in the written notice upon application by or consent of such person.[35] Further, the DFSA may provide conditions in the written notice, may only forego publication of written notice bringing it to the attention of those likely affected or subject to similar notices when it would be inappropriate or unnecessary to do so.[36] Written notice may be withdrawn on initiative of the DFSA or on application by the person to whom it applies, or modified on application by or consent of the person to whom it applies.[37] Finally, the DFSA is permitted to promulgate rules regarding the procedure for filing applications and or providing consents.[38]

EXECUTIVE

The Director General of the Zone authority has authority to oversee the administration of the Zone and is subject to supervision by the Chairman.[39] The Zone Authority also has authority to carry out objects related to drawing up strategies and policies for the Zone, preparing research and advising the Government in certain matters, and controlling crimes associated with electronic commerce.[40] The Authority has the power to inspect activities suspected of violating the Free Zone laws or regulations.[41]

In general the Regulatory Appeals Committee generally has jurisdiction to hear appeals regarding: (1) licenses, including restrictions and withdrawal; (2) applications of officers for extension; (3) Authorized individual status restrictions; issues of written notice; auditor applications; (4) censure and fine issues; and appeals under jurisdiction conferred by the Board of Directors.[42] Further, the Regulatory Appeals Committee, within applicable limitations, may make rules for appellate procedure regarding: (1) evidence; (2) the exercise of powers under article 29; (3) conflicts of interest prevention amongst Committee members; and (4) notice to the Chief Executive.[43] Appeals generally must be heard in public and may not be appealed or reviewed except by judicial proceedings before the Court regarding a point of law.[44] Article 27 stipulates the procedure for resolution of common questions of law or fact in an appeal before the Regulatory Appeals Committee and proceeding before the Financial Markets Tribunal; and provides that decisions of the Financial Markets Tribunal resolving such matters may only be subjected to judicial review before the Court regarding a point of law.[45]

Further, the Regulatory Appeals Committee has certain authority, subject to requirements specified by the rules, to: (1) stay DFSA decisions; (2) receive and consider evidence without regard to its availability during DFSA proceedings or admissibility in civil or criminal proceedings; (3) stipulate procedure for receipt of evidence; (4) compel attendance and testimony; (5) administer oaths; (6) examine or cause individuals to be examined under oath; (7) order witnesses to provide a sworn statement; (8) prohibit disclosure of information disclosed to the Committee; and (9) exercise powers necessary to an appeal or the committee’s function.[46]

The Regulatory Appeals Committee at the conclusion of an appeal may: (1) the appropriate action for the DFSA to take, if any; (2) remit matters to the Chief Executive with any directions it considers appropriate to execute its determination, except for those actions which are otherwise beyond the authority of the DFSA; and (3) issue an order for the payment of a specified amount including appeals costs, by a party to the appeal, which the recipient of the order may recover in a court of competent jurisdiction as a debt.[47] Such determinations by the Committee bind the Chief Executive to act in accordance with their terms.[48] An appropriately executed and authenticated certificate stating a specified decision or specified a finding of fact is in any proceedings before the Court, conclusive evidence of the Committee’s determination or prima facie evidence of the finding of fact.[49] Finally, the Committee may request the Court issue an order to enforce a properly established determination where a party fails to comply.[50]

Stated generally, the Chief Executive has authority, within applicable limits, to: (1) take necessary steps to exercising executive authority of the DSFA; (2) licensing, reauthorizing, regulating and supervising conduct of activities and persons the DFSA must regulate under Dubai or DFIC Law; (3) preparation of draft standards and Rules; (4) preparation and issuance of guidance other than standards or codes of conduct and reasonably required to the DSFA’s functions; (5) grant waivers and modifications for application of Rules, or for legislation effective in the DFIC; (6) performing or initiating investigations in matters capable of being investigated under any legislation administered by the DSFA and commence proceedings in courts of appropriate jurisdiction; (7) delegate functions and powers where appropriate on other DFSA officers or employees, or anyone with approval of the Board of Directors; and (8) exercise authority delegated to the Chief Executive by the Board of directors.[51]

JUDICIAL

The governing body for the Dubai Technology and Media Free Zone may sue and be sued.[52] The Zone may be vested with judicial or arbitral authority by the Ruler of Dubai, with jurisdiction over activities carried out by establishments in the Free Zone including claims between Free Zone establishments and parties outside the Free Zone.[53] The Director General is also permitted to impose penalties on any person found in violation of laws related to the Free Zone.[54]

The Financial Markets Tribunal has jurisdiction in matters regarding: (1) alleged breaches of any Law, Rules, or legislation administered by the DFSA; or (2) other matters as prescribed in the Rules or provided under any other law.[55] The Tribunal has authority to make certain procedural related to proceedings including rules of evidence and the manner for exercising powers and preventing conflicts of interest when constituted pursuant to Article 34 and matters are determined by a balnce of the probabilities.[56] Proceedings and decisions are: (1) given publicly, unless the Tribunal or rules of procedure state otherwise; (2) are determined on a balance of probabilities; and (3) may be appealed to the court.[57] Article 32 provides the procedure for resolution of a common issue of law or fact in a proceeding commenced before the Tribunal and an appeal before the Regulatory Appeals Committee.[58]

The Financial Markets Tribunal conducting hearings must consist of at least three members, one of whom may be its President.[59] Generally, the Tribunal, on its own motion or that of a party, may: (1) receive or compel evidence regardless of its admissibility in a civil or criminal proceeding in a court of law; (2) administer oaths; (3) examine or cause individuals to be examined under oath; (5) order witnesses to provide a sworn statement; (6) prohibit disclosure of any matters disclosed to the Tribunal; (7) stay proceedings; and (8) exercise other powers as necessary to proceedings.[60]

Finally, at the conclusion of proceedings the Tribunal generally has authority to order by written notice certain remedies for a breach including: (1) a fine, (2) public or private censure; (3) restitution or compensation for a duration under terms specified by the Tribunal; (4) require an accounting including for any amount the Tribunal deems was the product of wrongdoing or unjust enrichment; (5) enjoin an activity; (6) compel performance; (7) disqualifying an individual from holding corporate office or conducting business in the DFIC; or (8) order payment including all or part of the costs of proceedings for any party, which is recoverable as a debt in a court of appropriate jurisdiction.[61]

The DFSA may exercise its authority with respect to an individual’s license, Authorized Individual status, or registration when the individual is censured by the Tribunal.[62] The properly executed and authenticated decision of the tribunal stating a specified violation or finding of fact is conclusive evidence the persona was found in violation, prima facie evidence of the violation, and prima facie evidence of the fact.[63]

 

[1] United Arab Emirates Const. Art. 121; Law No. 8 of 2004 of the United Arab Emirates.

[2] Law No. 1 of 2000 of the Emirate of Dubai; Law No. 8 of 2004 of the United Arab Emirates.

[3] Law No. 1 of 2000 of the Emirate of Dubai

[4] Law No. 1 of 2000 of the Emirate of Dubai art. 3 repeated.

[5] Law No. 1 of 2000 of the Emirate of Dubai art. 9

[6] Law No. 1 of 2000 of the Emirate of Dubai arts. 10-11, 23, 24.

[7] Law No. 1 of 2000 of the Emirate of Dubai arts. 12-14.

[8] Law No. 1 of 2000 of the Emirate of Dubai art. 15.

[9] Law No. 1 of 2000 of the Emirate of Dubai art. 16.

[10] Law No. 1 of 2000 of the Emirate of Dubai art. 17.

[11] Law No. 1 of 2000 of the Emirate of Dubai art. 18

[12] Law No. 1 of 2000 of the Emirate of Dubai arts. 19-20.

[13] Law No. 1 of 2000 of the Emirate of Dubai art. 21.

[14] Law No. 1 of 2000 of the Emirate of Dubai art. 29.

[15] Law No. 8 of 2004 of the United Arab Emirates

[16] Reg. Law No. 1 of 2000 of the United Arab Emirates.

[17] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 8

[18] Reg. Law No. 1 of 2000 of the United Arab Emirates. art. 8.

[19] Reg. Law No. 1 of 2000 of the United Arab Emirates. arts. 10-11.

[20] Reg. Law No. 1 of 2000 of the United Arab Emirates. arts. 17-19.

[21] Reg. Law No. 1 of 2000 of the United Arab Emirates. art. 39.

[22] Reg. Law No. 1 of 2000 of the United Arab Emirates. art. 40.

[23] Reg. Law No. 1 of 2000 of the United Arab Emirates. art. 20, § 1.

[24] Law No. 1 of 2000 of the Emirate of Dubai art. 3(b).

[25] Law No. 1 of 2000 of the Emirate of Dubai art. 5.

[26] Law No. 1 of 2000 of the Emirate of Dubai art. 5 repeated.

[27] Law No. 1 of 2000 of the Emirate of Dubai art. 7.

[28] Law No. 1 of 2000 of the Emirate of Dubai art. 15.

[29] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 20, § 2.

[30] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 20 § 3-4.

[31] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 22.

[32] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 23.

[33] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 23.

[34] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 23; but see Reg. Law No. 1 of 2000 of the United Arab Emirates art. 24.

[35] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 25.

[36] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 25.

[37] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 25.

[38] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 25.

[39] Law No. 1 of 2000 of the Emirate of Dubai art. 6.

[40] Law No. 1 of 2000 of the Emirate of Dubai art. 8.

[41] Law No. 1 of 2000 of the Emirate of Dubai art. 26.

[42] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 27, § 2.

[43] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 27, § 3.

[44] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 27, §§ 4-5.

[45] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 27, §§ 6, 8.

[46] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 29, § 2.

[47] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 29, § 3.

[48] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 29, § 4.

[49] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 29, § 5.

[50] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 30.

[51] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 36.

[52] Law No. 1 of 2000 of the Emirate of Dubai art. 3(b).

[53] Law No. 1 of 2000 of the Emirate of Dubai art. 27.

[54] Law No. 1 of 2000 of the Emirate of Dubai art. 28.

[55] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 32, § 1.

[56] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 32, § 2, 4.

[57] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 32, §§ 3-5.

[58] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 32, § 6.

[59] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 34, § 1.

[60] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 34, § 3.

[61] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 34, § 4.

[62] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 34, § 5.

[63] Reg. Law No. 1 of 2000 of the United Arab Emirates art. 34, § 6.


DUTIES

GENERAL

Similar to the powers vested in local jurisdictions, the duties each jurisdiction has depends on the type of zone and the purpose for which it is formed.[1] Thus, the following provides examples of the duties typically vested in general Free Zones and Financial Free Zones respectively.[2]

The Dubai Technology and Media Free Zone Authority (DTMFZA), has the duty to operate and supervise the Free Zone and take all actions necessary to the Zone’s operation.[3] Dubai Law no. 1 of 2000 establishes the Authority’s objectives regarding: (1) policies and their implementation; (2) research and advising the Government on regulatory issues; (3) establishments in the Free Zones; and (4) coordination with other Free Zones.[4] Further, the research and advising objectives of the Authority include matters of data and intellectual property protection, and electronic commerce related crimes.[5] To achieve such objectives the zone has several duties regarding: (1) infrastructure development; (2) business regulation; (3) providing telecommunications and Internet services; (4) Internet and Electronic Commerce site regulation; (5) licensing establishments; (6) regulation of commerce between Free Zone establishments and third parties; (7) agreements with other Free Zones; (8) providing establishments with personnel; (9) providing services; (10) levying and charging fees; (11) establishing and managing a zone investment fund; and (12) establishing partnerships with third parties.[6] However, Authority officials are explicitly indemnified from any liability to third parties arising from the operation of Free Zone establishments or their employees.[7]

Federal Law No. 8 of 2004 vests Financial Free Zones with liability for Zone commitments.[8] Financial Free Zones are bound by laws regarding money laundering and all other provisions of Federal Law, except for Federal civil and Commercial Laws.[9] Financial Free Zones are under a duty to refrain from taking actions in contravention of international agreements which the United Arab Emirates has ratified or may ratify,[10] including entering into memoranda of understanding with similarly situated parties which conflict with treaties to the United Arab Emirates is a party to.[11]

LEGISLATIVE

The Chairman of the Board of Directors for the DTMFZA is responsible for supervising the Free zone.[12] Article 7 mandates that the Chairman issue a special regulation governing the recruitment and appointment of employee’s for the Authority’s Executive Body.[13]

Financial Free Zones are required to have a body corporate under Federal law No. 8 of 2004.[14]

EXECUTIVE

The Director General of the DTMFZA is responsible for administration of the Free Zone in compliance with relevant provisions of law and represents the Authority to third parties.[15]

Financial Free Zones are have a duty to comply with restrictions on licensing, listing, practice, and presence requirements related to Zone establishments under Federal Law no. 8 of 2004.[16] Financial Free Zones are required to submit bi-annual reports demonstrating activities and compliance with Federal law.[17]

JUDICIAL

The DTMFZA is independently responsible for actions on behalf of the Zone because the Authority is explicitly vested with the ability to sue and be sued in its own name.[18]

Federal Law No. 8 of 2004 mandates that Financial Free Zones have a judicial personality and is represented by the Chairman of the Board of Directors.[19]

 

[1] See section on Powers of Local JX.

[2] See e.g. Law No. 1 of 2000 of the Emirate of Dubai; Federal Law No. 8 of 2004 of the United Arab Emirates.

[3] Law No. 1 of 2000 of the Emirate of Dubai, art. 3(b).

[4] Law No. 1 of 2000 of the Emirate of Dubai, art. 8.

[5] Law No. 1 of 2000 of the Emirate of Dubai, art. 8(b), §§ 1-3.

[6] Law No. 1 of 2000 of the Emirate of Dubai, art. 9.

[7] Law No. 1 of 2000 of the Emirate of Dubai, art. 22.

[8] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 2.

[9] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 3.

[10] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 5.

[11] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 6.

[12] Law No. 1 of 2000 of the Emirate of Dubai, art. 5.

[13] Law No. 1 of 2000 of the Emirate of Dubai, art. 7.

[14] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 2.

[15] Law No. 1 of 2000 of the Emirate of Dubai, art. 6.

[16] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 4.

[17] Federal Law No. 8 of 200 of the United Arab Emirates, art. 7.

[18] Law No. 1 of 2000 of the Emirate of Dubai, art. 3.

[19] Federal Law No. 8 of 2004 of the United Arab Emirates, art. 2.


HOST GOVERNMENT

STRUCTURE

GENERAL

Under the Constitution of the United Arab Emirates, each of the seven individual Emirates form the United Arab Emirates;[1] each also being part of the Great Arab Nation.[2] The individual Emirates hold sovereignty over their individual territories and waters in all matters not vested in the Federal Government by the Constitution.[3] With the exception of certain requirements generally related to Federal departments,[4] the Constitution does not provide for the specific governance structure of the individual Emirates.[5] Thus, Dubai, as the other Emirates, is considered a monarchy operating under the constitution of the United Arab Emirates.[6]

LEGISLATIVE

Legislative authority in Dubai is generally held by the Sheikh of Dubai and exercised by decree at his discretion.[7]

EXECUTIVE

The Sheikh of Dubai also generally constitutes the Executive authority in Dubai; [8] however, he regularly creates inferior executive agencies and delegates specified authority to such entities,[9] including the Dubai Police Force.[10] Additionally, the individual Emirates are permitted to maintain local security forces for defense in the event of an attack upon the Union.[11]

JUDICIAL

The Constitution specifically reserves authority in judicial matters not vested in the Union by the Constitution to the individual Emirates.[12] The Judiciary in Dubai includes Civil, Criminal, and Sharia courts; however, non-Muslim parties do not appear in Sharia courts.[13] Although courts tend to disregard civil law principles including following precedent, Dubai has a court of Cassation independent from the Federal court, decisions of which are binding on lower courts within the Emirate.[14] Additionally, trials are decided by one or more judges without a system of juries in Dubai and the Emirate has a local Public Prosecutor.[15] Finally, Arbitral decisions are generally enforceable throughout the Union.[16]

 

[1] United Arab Emirates Const. art. 1.

[2] United Arab Emirates Const. art. 6.

[3] United Arab Emirates Const. art. 3.

[4] See e.g. United Arab Emirates Const. art. 46 (stating the Supreme National Council is composed of the Rulers of each of the Emirates).

[5] United Arab Emirates Const. passim

[6] Federal Research Division, Country Profile: United Arab Emirates, Library of Congress at 19-20 (2007)

[7] Federal Research Division, Country Profile: United Arab Emirates, Library of Congress at 19-20 (2007)

[8] Federal Research Division, Country Profile: United Arab Emirates, Library of Congress at 19-20 (2007)

[9] See e.g. Dubai Municipality http://www.dubai.ae/en/Lists/GovernmentDepartments/DispForm.aspx?ID=21&category=Government

[10] Dubai Police http://www.dubaipolice.gov.ae/dp/jsps/home.do

[11] United Arab Emirates Const. art. 142.

[12] United Arab Emirates Const. art. 104.

[13] Consulate General of The United States

[14] Consulate General of The United States

[15] Latham and Watkins

[16] BLUAE 10:23 International Arbitrations


ELECTIONS

GENERALLY

The UAE does not have a system for popular elections and Dubai is governed by constitutional monarchy.[1]

LEGISLATIVE

The Al Maktoum family has ruled Dubai for over a century vesting the current monarch with legislative authority in the Emirate.[2]

EXECUTIVE

Dubai has authority to appoint eight members to the Union National Council.[3] However, the Emirates have collectively started a process toward instituting democratic elections throughout the United Arab Emirates for the selection of Union National Council members.[4] Additional executive officers generally are appointed by the Sheikh or other entity with authority delegated from him to appoint such agents.[5]

JUDICIAL

Judges in Dubai are nominated by the local judicial departments and appointed by the Sheikh.[6]

 

[1] Federal Research Division, Country Profile: United Arab Emirates, Library of Congress at 19-20 (2007).

[2] Dubai Rulers, http://www.dubai.ae/en/aboutdubai/Pages/DubaiRulers.aspx.

[3] United Arab Emirates Const. arts. 68-69.

[4] Ola Salem, History of the UAE’s Federal National Council, The National (June 26, 2013); http://www.thenational.ae/news/uae-news/history-of-the-uaes-federal-national-council.

[5] See e.g. Bassma Al Jandaly, Dubai Police chief Dahi Khalfan Tamim promoted as deputy chairman of Police and General Security (October 21, 2013, 8:40 P.M.); http://gulfnews.com/news/gulf/uae/general/dubai-police-chief-dahi-khalfan-tamim-promoted-as-deputy-chairman-of-police-and-general-security-1.1245590

[6] BLUAE § 10:2


POWERS

GENERAL

The Constitutional generally reserves all matters not assigned to the authority of the Union to the individual Emirates.[1] In exercising such powers, Emirates must seek to maintain law and order, establish infrastructure and development beneficial to citizens, and seek to develop a systematic set of legislation not in conflict with legislation of the other Emirates and Union.[2] The supremacy of the Constitution and Federal legislation over provisions of the Emirates indicate that Emirate authorities are generally bound by the same Constitutional principles as analogous Federal authorities, unless otherwise provided.[3] No provisions of the Constitution may be suspended by the Emirates.[4]

LEGISLATIVE

Generally, except for powers vested in the Union,[5] Emirates have legislative jurisdiction in all matters.[6] Further, article 149 specifically authorizes the individual Emirates to exercise authority necessary for the regulation of  matters assigned Federal legislative jurisdiction under article 121, without violating the supremacy of union laws, which include: (1) labor issues and social security, (2) real property ownership and eminent domain, (3) criminal extradition, (4) banking and insurance, (5) environmental protection, (6) major legislation regarding Criminal, civil, and transactions codes, companies law, and the civil and criminal procedure codes; (7) protection of property rights including intellectual property; (8) importing weapons, unless for the Armed forces of a Union; (9) other aviation affairs; (10) determination of territorial waters and overseas navigation; and (11) the “organization and method of establishing financial free zones and scope of excluding the same from the implementation of the Federal Legislations provisions.”[7] Finally, Emirates are specifically vested with certain specific authorities by the Constitution.[8]

EXECUTIVE

Similarly, other than those powers vested in the union by the Constitution (120-21, See union),[9] Emirates have executive authority in all matters.[10] Emirate officials must exercise their authority to maintain law and order within their jurisdiction, expand public utilities valuable to inhabitants, and raise social and economic standards.[11] Emirate officials must strive to create a systematic arrangement of unified legislation and may establish administrative agencies to provide public utilities to citizens with approval of the Supreme National Council.[12] Further, Emirates are permitted to enter into local or administrative agreements with neighboring states or regions in accordance with article 123[13] and have the right to be consulted by the Union before it enters into any international agreement which may affect the Emirate’s special position.[14] Executive agents are permitted to take necessary steps to implement Union laws and international agreements including by the promulgation of local laws, regulations, decisions, and decrees necessary for implementation, but are subject to oversight by union authorities.[15] Infrastructure projects carried out with public funds may only do so with the agreement of authorities of the Emirate.[16] Further, officials may not exempt an individual from a union tax, and may not issue public loans.[17] The Emirates are permitted to maintain local security forces and may request aid of the Union as provided.[18] Laws, regulations, decrees, instructions and decisions, and measures and organizations in force before establishment of the Union may be continue until amended or cancelled in accordance with the Constitution.[19] (147) Further, the Emirate may, without violating article 151, establish laws necessary to: (1) labor issues and social security, (2) real property ownership and eminent domain, (3) criminal extradition, (4) banking and insurance, (5) environmental protection, (6) major legislation regarding Criminal, civil, and transactions codes, companies law, and the civil and criminal procedure codes; (7) protection of property rights including intellectual property; (8) importing weapons, unless for the Armed forces of a Union; (9) other aviation affairs; (10) determination of territorial waters and overseas navigation; and (11) the “organization and method of establishing financial free zones and scope of excluding the same from the implementation of the Federal Legislations provisions.”[20]

JUDICIAL

Judges are independent and may not be subordinated to any authority other than the laws and their conscience.[21] Except for jurisdiction assigned to the Supreme Court and Union Courts of First Instance,[22] the local courts of the Emirates have jurisdiction in all matters;[23] however, the Emirate may request that jurisdiction in its courts be transferred to the Union judiciary in accordance with article 105.[24] Further, amnesty may not be granted except as provided by law and results in the remission of a sentence to the extent such a grant deems a crime was not committed.[25] Finally, “execution of judgements, requests for legal assistance, publicising [sic] legal documents and the surrender of fugitives, as between member Emirates of the Union” must comply with procedures stipulated by Federal law.[26]

 

[1] United Arab Emirates Const. art. 116; see also Dubai, Powers and Rights: Union

[2] United Arab Emirates Const. arts. 117-18.

[3] United Arab Emirates Const. art. 151.

[4] United Arab Emirates Const. art. 145.

[5] United Arab Emirates Const. arts. 120-21; see also Dubai, Powers and Rights: Union

[6] United Arab Emirates Const. art. 122.

[7] United Arab Emirates Const. arts. 121, 149, 151; but see Federal Law No. 8 of 2004 of the United Arab Emirates.

[8] United Arab Emirates Const. art. e.g. 69, 144.

[9] United Arab Emirates Const. art. United Arab Emirates Const. arts. 120-21; see also Dubai, Powers and Rights: Union

[10] United Arab Emirates Const. arts. 116, 122.

[11] United Arab Emirates Const. art. 117.

[12] United Arab Emirates Const. art. 118.

[13] United Arab Emirates Const. art. 123.

[14] United Arab Emirates Const. art. 124.

[15] United Arab Emirates Const. art. 125.

[16] United Arab Emirates Const. art. 132.

[17] United Arab Emirates Const. art. 133-34.

[18] United Arab Emirates Const. art. 142-43.

[19] United Arab Emirates Const. art. 147.

[20] United Arab Emirates Const. arts. 121, 149, 151.

[21] United Arab Emirates Const. art. 94.

[22] United Arab Emirates Const. art. 99, 102.

[23] United Arab Emirates Const. art. 104.

[24] United Arab Emirates Const. art. 105

[25] United Arab Emirates Const. art. 109.

[26] United Arab Emirates Const. art. 119.


DUTIES

GENERAL 

The Constitution explicitly requires the Emirates to cooperate within the limits of their jurisdiction and abilities with respect to the same duties imposed on the Union government under Ch. II of the Constitution, including:[1] with respect to: (1) equality, social justice, and providing safety and security and equality of opportunity for all citizens;[2] (2) guaranteeing the existence of family and safeguarding it from corruption; (2) protecting childhood and motherhood and supporting incapacitated individuals;[3] (3) ensuring free education at all levels;[4] (4) providing medical protection;[5] (5) striving to provide work;[6] (6) protecting private property;[7] and (6) supporting the national economy.[8] Government entities are responsible for rectifying provisions of laws promulgated in contravention with the constitution.[9] Additionally, the Constitution specifically grants the Constitution and Union Laws supremacy over the laws of the Emirates indicating the individual Emirates have a duty to act within the limits imposed by such provisions and laws.[10] Thus, the same provisions under Chapter III of the UAE Constitution granting citizens and third parties various rights which can be characterized as imposing negative obligations on the government apply to the individual Emirates.[11] Additionally, certain provisions of Union Law may be viewed as imposing certain duties and negative obligations on the Emirates.[12]

LEGISLATIVE

The individual Emirates are obliged to direct their authority to “the maintenance of law and order within its territories, the expansion of public utilities of value to its inhabitants and the raising of social and economic standards.”[13] Further, the Emirates are required to work toward a unified and systematic arrangement of legislation the extent possible.[14]

EXECUTIVE

The member Emirates of the Union shall contribute a specified proportion of their annual revenues to cover the annual general budget expenditure of the Union, in the manner and on the scale to be prescribed in the Budget Law.[15]

JUDICIAL

The judicial entities of the Emirates have a duty to comply with Federal law regarding “major legislations related to Penal Code, Civil & Commercial Transactions Code, Companies Law, Code of Procedures before the civil and penal courts; protection of moral, technical and industrial property rights; copyrights, printings and publication rights…”.[16] However, the Emirate may grant certain permissible exemptions for standard types of zones considering the Union is only vested with authority regarding exemptions from federal law, with respect to financial free zones.[17]

[1] United Arab Emirates Const. art. 13

[2] United Arab Emirates Const. art. 13

[3] United Arab Emirates Const. art. 14

[4] United Arab Emirates Const. art. 15

[5] United Arab Emirates Const. art. 16

[6] United Arab Emirates Const. art. 17

[7] United Arab Emirates Const. art. 20

[8] United Arab Emirates Const. art. 21

[9] United Arab Emirates Const. art. 24

[10] United Arab Emirates Const. art. 101

[11] United Arab Emirates Const. Ch. III Ch. III—note can be considered negative obligations—e.g. freedom of speech => duty not to restrain speech beyond limits of law

[12] E.g. United Arab Emirates Const. arts. 120-21 (stating matters of exclusive Federal jurisdiction and thereby suggesting a duty to comply with procedural provisions and not pass or enforce laws in contraventions of such provisions on the part of the individual Emirates); see also United Arab Emirates Const. art. 119.

[13] United Arab Emirates Const. art. 117

[14] United Arab Emirates Const. art. 118

[15] United Arab Emirates Const. art. 127.

[16] United Arab Emirates Const. art. 120-21.

[17] United Arab Emirates Const. art. 121.


FEDERAL GOVERNMENT

STRUCTURE

GENERALLY

The United Arab Emirates is composed of seven territories, including Dubai.[1] The Union is separated into five principal bodies under article 45 of the Constitution, which may name inferior agents and delegate certain authority as otherwise provide by the Constitution.[2]

LEGISLATIVE

The Rulers of the seven Emirates comprise the Supreme National Council, which is the primary Legislative authority of the United Arab Emirates.[3] Additionally, the General Secretariat includes the number of officers necessary to assist the Supreme National Council.[4] The Union National Council includes forty members distributed between the Emirates by the Constitution.[5]

EXECUTIVE

The President of the Union and his deputy are selected from the seven members of the Supreme National Council.[6] The Council of Ministers includes no more than fourteen members, including the Chairman and his Deputy and is supervised by the Prime Minister.[7] The Constitution also permits the Union to establish an institution for allocating and distributing Federal Funds[8] and establishes a Union military including air, land, and sea forces.[9] Federal Law also provides for the establishment of several inferior agencies.[10]

JUDICIAL

Judges of the Supreme Court and Courts of First Instance are independent agents under the Constitution.[11] The Supreme Court may have no more than five judges, including the President of the Court, and the organization of its departments is provided by law.[12] The Union Courts of First Instance include Civil, Criminal, and Personal Status sections, the third generally applying Sharia Law.[13] The organization of Union Courts of First Instance is otherwise provided by law.[14] Additionally, the Union has a Public Prosecutor and members of the Prosecutor’s office as stipulated by law.[15] (106)

 

[1] United Arab Emirates Const. art. 1.

[2] United Arab Emirates Const. art. 45; see e.g. United Arab Emirates Const. art. 48.

[3] United Arab Emirates Const. art. 46.

[4] United Arab Emirates Const. art. 48; see also Law No. 11 of 2007 of the United Arab Emirates

[5] United Arab Emirates Const. art. 68.

[6] United Arab Emirates Const. art. 51.

[7] United Arab Emirates Const. arts. 55, 59-60

[8] United Arab Emirates Const. art. 132

[9] United Arab Emirates Const. arts. 138-39.

[10] See e.g. Law No. 43 of 1992 of the United Arab Emirates

[11] See e.g. United Arab Emirates Const. arts. 94-95, 136.

[12] United Arab Emirates Const. 96; see also Law No. 10 of 1973 of the UNited Arab Emirates.

[13] United Arab Emirates Const. art. 102; see also Consulate General of The United States

[14] See e.g. Law No. 18 of 2005 of the United Arab Emirates (establishing the appeals court in Umm Al Quwain).

[15] United Arab Emirates art. 106.


ELECTIONS

GENERALLY

The UAE does not have a system for popular elections and Dubai is governed by constitutional monarchy.[1]

LEGISLATIVE

The Al Maktoum family has ruled Dubai for over a century making the current Ruler de facto representative from Dubai to the Supreme National Council of the United Arab Emirates.[2] Each Emirate is responsible for selecting the stipulated number of members for the Union National Council.[3] Additionally, the Constitution lists several requirements for holding office, prohibits members from acting adversely to the responsibilities of their position, and provides procedure for the replacement of members.[4]

EXECUTIVE

The President of the Union and his Deputy are elected by the Supreme National Council from amongst its members.[5] The Constitution of the United Arab Emirates provides detailed procedures for the swearing in and replacement of the President and Deputy.[6] The Chairman of the Council of Ministers, his Deputy, and members are appointed by the President from citizens of the Union based on their competence and experience.[7] The Constitution also requires formal swearing in of Ministers and prohibits them from holding offices conflicting with their duties as members of the Council of Ministers.[8]

JUDICIAL

Justices of the Supreme Court, including the President of the Court, are appointed by Presidential decree with approval of the Supreme National Council and must be sworn in.[9] Union justices are nominated by the Ministry of Justice and appointed by the Supreme National Council.[10] The Union Public Prosecutor is appointed by the President with approval of the Council of Ministers and procedure for appointing officers to assist the Prosecutor is provided by law.[11]

 

[1] Federal Research Division, Country Profile: United Arab Emirates, Library of Congress at 19-20 (2007).

[2] Dubai Rulers, http://www.dubai.ae/en/aboutdubai/Pages/DubaiRulers.aspx; United Arab Emirates Const. art. 45.

[3] United Arab Emirates Const. arts. 68-69.

[4] United Arab Emirates Const. arts. 70-74.

[5] United Arab Emirates Const. art. 51

[6] United Arab Emirates Const. arts. 52-53.

[7] United Arab Emirates Const. arts. 54-56.

[8] United Arab Emirates Const. arts. 57, 62.

[9] United Arab Emirates Const. arts. 96, 98.

[10] BLUAE § 10:2

[11] United Arab Emirates Const. art. 106; Law No. 1 of 1972 of the Emirate of Dubai art. 6.


POWERS

GENERALLY

The Constitution explicitly defines the jurisdiction of the several Federal branches of the United Arab Emirates government.[1] Further, the Constitution reserves all authority in matters not vested in Federal Jurisdiction by the Constitution to the individual Emirates.[2] Specifically the Union has exclusive legislative and executive jurisdiction in several matters including those related to: (1) foreign affairs, (2) defense, (3) protecting the Union, (4) security in the capital, (5) Union officials and judges, (6) Union Finances, (7) public loans, (8) mail and communication services, (9) Union roads, (10) air traffic, (11) education, (12) public health, (13) currency, (14) measurement standards, (15) electricity, (16) nationality and immigration, (17) Union property, (18) census and statistics, and (19) Union information.[3] Additionally, the Union has sole authority to enact laws regarding: (1) labor issues and social security, (2) real property ownership and eminent domain, (3) criminal extradition, (4) banking and insurance, (5) environmental protection, (6) major legislation regarding Criminal, civil, and transactions codes, companies law, and the civil and criminal procedure codes; (7) protection of property rights including intellectual property; (8) importing weapons, unless for the Armed forces of a Union; (9) other aviation affairs; (10) determination of territorial waters and overseas navigation; and (11) the “organization and method of establishing financial free zones and scope of excluding the same from the implementation of the Federal Legislations provisions.”[4] Finally, the Constitution provides the Federal laws with peremptory authority over laws of the individual Emirates.[5] Further, the Constitution specifically restricts Federal authority within the limits imposed by the Constitution, indicating that Federal may not exercise their authority as to violate the rights or freedoms enumerated by the Constitution.[6]

LEGISLATIVE

The Constitution establishes the Supreme National Council as the preeminent authority of the Union, each Emirate having a single vote,[7] with broad authority including powers over: (1) general policy; (2) ratification of laws, decrees, and international agreements; (3) the appointment and resignation of the Chairman of the Council of ministers, the President, and Judges of the Supreme Court; (4) affairs of the Union generally; all other matters provided by the Constitution;[8] (5) and its own internal regulations and general Secretariat.[9] Deliberations by the Supreme National Council must be held in secret,[10] and must be in the Union capital unless otherwise agreed beforehand.[11] Additionally, votes of the Supreme National Council are binding in substantive matters if made by the majority of five of its members including the votes of Dubai and Abu Dhabi, and in procedural matters if made by the majority of five of its members.[12]

The Union National Council is required to meet in the Union capital, unless otherwise provided by a prior vote of the majority of its members and with the agreement of the Council of Ministers;[13] only meetings held in such locations and properly summoned by the President have effect.[14] The Union National Council has authority over the legality of representation by its members and may remove members or accept their resignations.[15] The Union National Council is required to hold sessions based on specified periods and durations; extraordinary sessions may be called, but during such sessions the Council may only decide on matters for which it was called.[16] The Union National Council may further submit a report, prepared by a Committee of members, with its “observations and wishes” following the President’s speech opening the Council session.[17] Members of the Council may not be censured for opinions or views while acting within their duties nor may they be prosecuted during session, without permission of the Council, except for flagrant offenses.[18] Council members are entitled to travel expenses and salary provided for by law.[19] The Council, with approval of the President, has authority to promulgate its own internal regulations including: (1) the powers and duties of a Bureau it selects from Council members; (2) the powers and conditions of service of the Secretary-General and their employees; and (3) general definitions of all matters regarding the Council, inferior officers and agencies, voting procedures and rules for the Council and committees, and other matters consistent with the Constitution.[20] All Council sessions must be open unless otherwise requested properly by government representatives,[21] and decisions are only valid if made by an absolute majority, unless otherwise provided, with at least a majority of Council members present; if voting is equally divided, the Chairman’s vote determines the prevailing side.[22] Importantly, the Union National Council has authority to debate and ratify, amend, or reject draft Union laws before they are submitted for approval to the extent that such authority does not conflict with the process for promulgating Union laws.[23] Similarly, the Union National Council may examine the draft Annual General Budget and Final Account Law, provided such authority does not conflict with other provisions regarding the Union’s financial affairs.[24] The Union National Council has authority to define subjects for debate, debate any general subject relevant to the Union, and make recommendations unless the Council of Ministers informs them that such debate is contrary to the interests of the Union,[25] and pose questions to the Prime Minister regarding matters within its jurisdiction and in accordance with its internal regulations.[26]

EXECUTIVE

The President of the Union and his deputy are required to swear an oath before taking office and their term is limited to five Gregorian years.[27] The President has authority to act as Chairman of the Supreme National Council, which includes the power to call and dismiss sessions pursuant to internal procedures adopted by the Council.[28] The President has authority to sign decrees and laws ratified by the Supreme National Council into law.[29] Further, the president may appoint, receive the resignation of, and dismiss the Chairman and Deputy Chairman of the Council of Ministers in accordance with required procedure.[30] Similarly, the President may appoint, receive the resignation of, or dismiss by decree the representative of the Union to foreign nations and other senior Union officials, except for the President and members of the Supreme Court.[31] The President is also authorized to sign letters accrediting the actions of representatives to foreign states, accept representatives of foreign states and receive their letters of accreditation, and sign letters of appointment of representative.[32] Additionally, the President may supervise the execution of laws and decrees and represent the Union in international matters.[33] The president has authority to pardon or commute sentences, confirm capital sentences.[34] Finally, the President may bestow civil and military honors and exercise any other authority vested in him by the Supreme National Council, Constitution, or laws.[35] The Deputy is permitted to act in the President’s place in the event of his absence.[36]

Members of the Council of Ministers are required to swear an oath before taking office;[37] their jurisdiction and Competency of each minister is defined by law.[38] The Council of Ministers has jurisdiction regarding: (1) general policy inside and outside the Union; (2) draft Union law proposals; (3) preparation of the annual budget and accounting; (4) preparation of other draft decrees and decisions; (5) drafting and implementation of specified regulations; (6) supervision of implementation of Union laws, decrees, and regulations, and decisions of the Union Courts and international agreements entered into by the Union; (7) dismissal of Union officials when a decree is not necessary; (8) supervision and discipline of Union employees; and (9) any other jurisdiction established by law or the Supreme National Council within the limits of the Constitution.[39] The Council of Ministers are required to conduct deliberations in secret, and binding decisions are determined by vote of the majority of members, or the Chairman’s vote in the event of a tie.[40] No member of the Council of Ministers may hold a conflicting office or position or enter into any transactions with the union or Emirates while in office.[41] The Council has authority to submit an annual report detailing projects from the prior and recommendations for ensuing financial year.[42] The Council is permitted to establish its own internal regulations and establish a general Secretariat.[43]

The Prime Minister has authority to call, direct, and chair meetings; supervise actions of ministers and coordinate work between Ministries and other executive bodies of the Union.[43] If the Prime Minister is absent, the Deputy Prime Minister is authorized to act in his place.[44] If for any reason, the Chairman of the Council vacates his office, all members of the Cabinet must resign unless the President requests such members remain in office temporarily.[45] Further, ministers may receive a salary provided for by law.[46]

The Constitution also defines the general revenue of the Union, including contributions the Union is entitled too from the individual Emirates;[47] as well, the annual budget must be prepared in compliance with procedure established by law and promulgated by Federal law.[48] Expenditures not in the budget, in excess of the budget, or transfers between Chapters of the budget are generally prohibited.[49] Further, the Union has authority to establish to supervise, through an existing agency or specially established institution, the disbursement of funds from the annual budget allocated to infrastructure and social development.[50] Taxes may be levied and public loans contracted only as specified by law.[51] Finally, the annual budget and agency budgets are subject to review, including by the general-Auditor whose jurisdiction and authority are specified by law.[52]

Moreover, all matters related to branches and operations of the Union Armed Forces is specified by law, including operations of the Supreme Defence Council, which has authority to make recommendations regarding all matters of the defense and peace of the Union.[53] Finally, the President and Council of Ministers are permitted to take any steps necessary to defend the Union when the Supreme National Council is not in session.[54]

JUDICIAL

The law established the authority of independent judges based on justice, and provides they may not be subordinated to any authority other than the law and their consciences.[55] The Supreme Court is required to have a President and no more than five judges total and law provides for matters regarding its procedure and operations.[56] The office Judges may not be terminated while they administer justice except in the case of: (1) death; (2) resignation; (3) completion of a specified term; (4) retirement age; (5) permanent incapacity; (6) disciplinary discharge; or (7) appointment to a different office by agreement.[57] Further, Judges must swear an oath before taking office,[58] and the court generally must convene in the capital.[59]

The Constitution establishes the jurisdiction of the Supreme Court, which includes matters involving: (1) disputes between Emirates or between an Emirate and the Union; (2) challenges to the Constitutional legality of Union laws by one of the Emirates or Emirate laws by the Union; (3) general challenges to the Constitutional legality of laws, legislation, or regulations; (4) interpretation of Constitutional provisions; (5) interrogation of senior officials and Ministers appointed by decree regarding their actions in the course of their duties; (6) crimes directly concerning the union; (7) issues regarding a conflict in the jurisdiction between Union courts and Emirate courts, or between courts of individual Emirates; and (8) any other jurisdiction provided by the Constitution or law.[60] Further, decisions by the Supreme Court are final and binding on all, and may establish a duty for a relevant government official or entity to rectify any deficiency assessed in a provision of law.[61]

The jurisdiction of the Union Courts of First Instance generally includes generally: (1) civil disputes involving the Union, (2) crimes in the permanent capital other than those under the jurisdiction of the Supreme Court ; and (3) personal status matters arising in the permanent capital of the Union.[62] The law stipulates procedure for Courts of First Instance, including matters of appeal.[63] Union Courts may also exercise jurisdiction when such authority is transferred from the Emirate and in appeals from local judgments as provided by law, decisions by the Union Courts are final.[64] Additionally, the law provides for the office, members, organization, procedures, and jurisdiction of the Public Prosecutor’s office.[65]

The death sentence is permitted in the United Arab Emirates; however, no such sentence may be imposed until approved by the President.[66] Amnesty may only be provided by law; any such amnesty results in a crime never having been committed and the remission of the sentence to the extent amnesty deems a crime was not committed.[67]

 

[1] See e.g. United Arab Emirates Const. art. 120 (describing exclusive legislative and executive jurisdiction of the Union); see also United Arab Emirates Const. arts. 99, 102 (describing jurisdiction of the Supreme Court and Courts of First Instance respectively).

[2] See e.g. United Arab Emirates Const. arts. 3, 104, 122, 123 (clauses reserving authority to the individual Emirates).

[3] United Arab Emirates Const. art. 120; but see e.g. United Arab Emirates Const. art. 123.

[4] United Arab Emirates Const. art. 121.

[5] United Arab Emirates Const. art. 151; but see United Arab Emirates Const. art. 149 (permitting the Emirates to exercise authority vested in the Union by article 121 without violating the supremacy of Federal laws); see also Dubai, Powers and Rights: Emirate section

[6] United Arab Emirates Const. art. 2.

[7] United Arab Emirates Const. art. 46.

[8] United Arab Emirates Const. art. 47.

[9] United Arab Emirates Const. art.  48.

[10] United Arab Emirates Const. art. 48.

[11] United Arab Emirates Const. art. 50.

[12] United Arab Emirates Const. art. 49.

[13] United Arab Emirates Const. art. 75.

[14] United Arab Emirates Const. art. 79.

[15] United Arab Emirates Const. art. 76.

[16] United Arab Emirates Const. art. 78.

[17] United Arab Emirates Const. art. 80.

[18] United Arab Emirates Const. arts. 81-82.

[19] United Arab Emirates Const. art. 83.

[20] United Arab Emirates Const. art. 84-85.

[21] United Arab Emirates Const. art. 86.

[22] United Arab Emirates Const. art. 87.

[23] United Arab Emirates Const. art. 88; cf. United Arab Emirates Const. art. 110 § 3(a) (“If the Union National Council inserts any amendment in the draft law and this amendment is not acceptable to the President of the Union or the Supreme Council, or if the Union National Council rejects the draft, the President of the Union or the Supreme Council shall refer it back to the Union National Council. If the Union National Council inserts any amendment on that occasion which is not acceptable to the President of the Union or the Supreme Council, or if the Union National Council deems fit to reject the draft, the President of the Union may promulgate the law after ratification by the Supreme Council.”).

[24] United Arab Emirates Const. art. 90.

[25] United Arab Emirates Const. art. 92.

[26] United Arab Emirates Const. art. 93.

[27] United Arab Emirates Const. art. 52

[28] United Arab Emirates Const. art. 54 §§ 1-3

[29] United Arab Emirates Const. art. 54 § 4

[30] United Arab Emirates Const. art. 54 § 5

[31] United Arab Emirates Const. art. 54 § 6

[32] United Arab Emirates Const. art. 54 § 7

[33] United Arab Emirates Const. art. 54 §§ 8-9

[34] United Arab Emirates Const. art. 54 § 10

[35] United Arab Emirates Const. art. 54 §§ 11-12

[36] United Arab Emirates Const. art. 51

[37] United Arab Emirates Const. art. 57

[38] United Arab Emirates Const. art. 58; see also Law No. 1 of 1972 of the United Arab Emirates; Law No. 19 of 1995 of the united Arab Emirates; Law No. 1 of 1974 of the United Arab Emirates; Decree Law No. 10 of 2008 of the United Arab Emirates; Decree Law No. 1 of 2006 of the United Arab Emirates; Decree Law No. 3 of 2004 of the United Arab Emirates; Law No. 45 of 1992 of the United Arab Emirates; Ministerial Decision No. 435 of 1998 of the United Arab Emirates; Law No. 13 of 1978 of the United Arab Emirates; Law No. 14 of 1991 of the United Arab Emirates; Decree Law No. 4 of 2004 of the United Arab Emirates; Law No. 4 of 1992 of the United Arab Emirates.

[39] United Arab Emirates Const. art. 60.

[40] United Arab Emirates Const. art. 61.

[41] United Arab Emirates Const. art. 62.

[42] United Arab Emirates Const. art. 65.

[43] United Arab Emirates Const. art. 66.

[44] United Arab Emirates Const. art. 59.

[45] United Arab Emirates Const. art. 59.

[46] United Arab Emirates Const. art. 64.

[47] United Arab Emirates Const. art. 67.

[48] United Arab Emirates Const. arts. 126-27.

[49] United Arab Emirates Const. arts. 128-30.

[50] United Arab Emirates Const. art. 131.

[51] United Arab Emirates Const. art. 132.

[52] United Arab Emirates Const. arts. 133-34.

[53] United Arab Emirates Const. arts. 135-36.

[54] United Arab Emirates Const. arts. 137-41.

[55] United Arab Emirates Const. art. 143.

[56] United Arab Emirates Const. art. 94.

[57] United Arab Emirates Const. arts. 95-96.

[58] United Arab Emirates Const. art. 97.

[59] United Arab Emirates Const. art. 98.

[60] United Arab Emirates Const. art. 100.

[61] United Arab Emirates Const. art. 99.

[62] United Arab Emirates Const. art. 101.

[63] United Arab Emirates Const. art. 102.

[64] United Arab Emirates Const. art. 103.

[65] United Arab Emirates Const. art. 105.

[66] United Arab Emirates Const. art. 106.

[67] United Arab Emirates Const. art. 108.

[68] United Arab Emirates Const. art. 109.


DUTIES

GENERAL 

The Constitution imposes several duties on the Union including cooperating with the Emirates within the limits of the Union’s jurisdiction and abilities,[1] with respect to: (1) equality, social justice, and providing safety and security and equality of opportunity for all citizens;[2] (2) guaranteeing the existence of family and safeguarding it from corruption; (2) protecting childhood and motherhood and supporting incapacitated individuals;[3] (3) ensuring free education at all levels;[4] (4) providing medical protection;[5] (5) striving to provide work;[6] (6) protecting private property;[7] and (6) supporting the national economy.[8] Government entities are responsible for rectifying provisions of laws promulgated in contravention with the constitution.[9] Further, Chapter III of the UAE Constitution grants citizens and third parties various rights which can be characterized as imposing negative obligations on the government.[10]

LEGISLATIVE

The duties of the Supreme National Council branch are partially, described within Article 47 of the Constitution.[11]The Supreme National Council has a duty to stipulate its own internal regulations and establish a general Secretariat to assist in fulfilling its duties.[12] The Supreme National Council has a duty to comply with procedural requirements for issuing a binding majority vote,[13] and must conduct its meetings in the Union capitol unless agreed upon prior to a session.[14] The Supreme National Council has a duty to elect a President and Deputy from its members.[15] The Supreme National Council is responsible for filling a vacant seat of the Presidency or Deputy.[16] Each Emirate is responsible for establishing procedure for electing representatives to the Union National Council.[17] Members of the Union National Council have a duty to avoid combining their office with conflicting positions.[18] The Council is responsible for complying with provisions for filling vacant seats,[19] and holding sessions in the Union Capitol unless specified otherwise.[20] The Council has a duty to render judgment on the validity of a members’ representation.[21] Members of the Council have a duty to act on behalf of the Union as a whole rather than their individual Emirate.[22] The Union is responsible for enacting laws through procedures specified by the Constitution.[23] Emirates have a duty to issue laws to improve law and order, expand utilities, raise social and economic standards,[24] and unify legislation between Emirates.[25]

EXECUTIVE

The duties of the President are stipulated under article 54 of the Constitution.[26] The Prime Minister is responsible for chairing meetings of the Council of Ministers.[27] The duties of the Council of Ministers are specified in section 60 of the Constitution.[28] The Council of Ministers have a duty to carry out their deliberations in secret.[29] Members of the Council of Ministers have a duties to avoid positions in conflict with their membership on the Council and self-dealing.[30] Members of the Council of Ministers are personally and collectively accountable for their actions before the President and the Supreme National Council.[31] The Council of Ministers is responsible for submitting an annual report to the President of the Union.[32] The Council of Ministers is responsible for establishing its own internal regulations and establishing a general Secretariat to aid in its duties.[33] Further, the Constitution specifies specific procedural duties for conducting sessions and additional responsibilities of the Council.[34]

JUDICIAL

Judges within the United Arab Emirates have a duty to act independently.[35] The Union is responsible for maintaining a Supreme Court,[36] which has duty to exercise jurisdiction in specified matters.[37] The Supreme Court is responsible for conducting sessions in the Union capitol or the capital of one of the Emirates under exceptional circumstances.[38] The duties of the Courts of First Instance are stipulated by section 102.[39] Judges in the local Emirates are responsible for all matters not within the jurisdiction of the Federal Courts.[40] The Union is responsible for having a Public Prosecutor.[41]

 

[1] United Arab Emirates Const. art. 13

[2] United Arab Emirates Const. art. 14

[3] United Arab Emirates Const. art. 15

[4] United Arab Emirates Const. art. 16

[5] United Arab Emirates Const. art. 17

[6] United Arab Emirates Const. art. 20

[7] United Arab Emirates Const. art. 21

[8] United Arab Emirates Const. art. 24

[9] United Arab Emirates Const. art. 101

[10] United Arab Emirates Const. Ch. III Ch. III—note can be considered negative obligations—e.g. freedom of speech => duty not to restrain speech beyond limits of law

[11] United Arab Emirates Const. art. 47

[12] United Arab Emirates Const. art. 48

[13] United Arab Emirates Const. art. 49

[14] United Arab Emirates Const. art. 50

[15] United Arab Emirates Const. art. 51

[16] United Arab Emirates Const. art. 53

[17] United Arab Emirates Const. art. 69

[18] United Arab Emirates Const. art. 70

[19] United Arab Emirates Const. art. 74

[20] United Arab Emirates Const. art. 75

[21] United Arab Emirates Const. art. 76

[22] United Arab Emirates Const. art. 77

[23] United Arab Emirates Const. art. 110-15

[24] United Arab Emirates Const. art. 117

[25] United Arab Emirates Const. art. 118

[26] United Arab Emirates Const. art. 54

[27] United Arab Emirates Const. art. 59

[28] United Arab Emirates Const. art. 60

[29] United Arab Emirates Const. art. 61

[30] United Arab Emirates Const. arts. 62, 63

[31] United Arab Emirates Const. art. 64

[32] United Arab Emirates Const. art. 65

[33] United Arab Emirates Const. art. 66

[34] United Arab Emirates Const. art. 78-93

[35] United Arab Emirates Const. art. 94

[36] United Arab Emirates Const. art. 95

[37] United Arab Emirates Const. art. 99

[38] United Arab Emirates Const. art. 100

[39] United Arab Emirates Const. art. 102

[40] United Arab Emirates Const. art. 104

[41] United Arab Emirates Const. art. 106


CITIZENS

RIGHTS

The Constitution provides for: (1) “[e]quality, social justice, the provision of safety and security and equality of opportunity for all citizens;”[1] (2) the protection of private property including that it will not be taken for public use without just compensation;[2] (3) equal protection before the law and nondiscrimination;[3] (4) freedom from search and seizure except as provided by law and freedom from torture;[4] (5) the punishment only of crimes defined by law and prohibition of punishment under ex post facto laws;[5] and (6) individual punishment based on an accusatory system of justice, respecting the right of the accused to defense, and the prohibition of physical and mental abuse;[6]. The Constitution also defines several personal freedoms including: (1) freedom of movement and residence, (2) expression, (3) communication, (4) religious practices consistent with public order and morals, (5) assembly, and (6) choice of occupation, trade, or profession and from forced labor except as provided by law, and slavery.[7] The Constitution requires open access to public service for citizens.[8] Additionally, homes are considered inviolable and my not be entered without permission or as provided by law.[9] Citizens may not be deported or banished, nor may they be extradited.[10] Finally, the Constitution generally prohibits dispossessing individuals of property without due process pursuant to a legal judgment and in accordance with the law.[11]

 

[1] United Arab Emirates Const. art. 14.

[2] United Arab Emirates Const. art. 21.

[3] United Arab Emirates Const. art. 25.

[4] United Arab Emirates Const. art. 26.

[5] United Arab Emirates Const. art. 27.

[6] United Arab Emirates Const. art. 28.

[7] United Arab Emirates Const. arts. 29-34.

[8] United Arab Emirates Const. art. 35.

[9] United Arab Emirates Const. art. 36.

[10] United Arab Emirates Const. art. 37-38.

[11] United Arab Emirates Const. art. 39.


DUTIES

Citizens of Dubai have several duties[1] as members of the UAE including, but not limited to: (1) cooperation and respect for other citizens;[2] (2) supporting religion, economics, and patriotism through family;[3] (3) attending primary education;[4] (4) protecting public property as provided by law;[5] (5) refraining from discrimination;[6] (6) paying taxes;[7] (7) defense of the Union;[8] and (8) respecting the Constitution and laws of the UAE.[9]

[1] United Arab Emirates Const. Chs. 2-3.
[2] United Arab Emirates Const. art. 14.
[3] United Arab Emirates Const. art. 15.
[4] United Arab Emirates Const. art. 17.
[5] United Arab Emirates Const. art. 22.
[6] United Arab Emirates Const. art. 25.
[7] United Arab Emirates Const. art. 42.
[8] United Arab Emirates Const. art. 43.
[9] United Arab Emirates Const. art. 44.


THIRD PARTIES

RIGHTS

First, the Constitution provides several matters without regard to citizenship including: (1) family as the basis of society;[1] (2) protection of childhood and motherhood;[2] (3) the right state funded education;[3] (4) the right establishment of special schools;[4] (5) protection of private property, including from regulatory takings except by exercise of eminent domain with fair compensation;[5] and (6) social justice as the basis of the economy including cooperation between private and public activity.[6]

Furthermore, the Constitution states: (1) all persons are equal before the law; (2) torture or other indignity is prohibited; (3) punishment may only be imposed as prescribed by law before the act or omission constituting the crime; (4) individual punishment may only be imposed after an accusatory proceeding with counsel acting on behalf of the accused and that mental and physical abuse are prohibited; (5) individuals may freely express opinions, send communications with respect for their secrecy, hold religious ceremonies consistent with public order and morals, and assemble, within limits of the law.[7] Further, individuals may not be subjected to forced labor except as provided by law and may not be enslaved.[8] Homes of inhabitants are inviolable and may not be entered without permission, except as provided by law.[9] Refugees may not be extradited.[10] (38) Possessions may not be confiscated except pursuant to a legal order as stipulated by law.[10] (39) All persons have the right to submit complaints to authorities regarding an abuse or violation of their rights or freedoms under Chapter III of the Constitution.[11] Finally, foreigners are entitled to all protections specified in international agreements to which the Union is a party.[12]

 

[1] United Arab Emirates Const. art. 15.

[2] United Arab Emirates Const. art. 16.

[3] United Arab Emirates Const. art. 17.

[4] United Arab Emirates Const. art. 18.

[5] United Arab Emirates Const. art. 21.

[6] United Arab Emirates Const. art. 24.

[7] United Arab Emirates Const. arts. 25-33.

[8] United Arab Emirates Const. art. 34.

[9] United Arab Emirates Const. art. 36.

[10] United Arab Emirates Const. art. 38.

[11] United Arab Emirates Const. art. 41.

[12] United Arab Emirates Const. art. 40.


DUTIES

Individuals within the UAE have a duty to respect the Constitution and laws of the UAE regardless of their citizenship.[1] Additionally, all foreign parties in Dubai will be subject to all of the duties imposed by treatise and agreements to which the United Arab Emirates is a party.[2]

 

[1] United Arab Emirates Const. art. 44

[2] United Arab Emirates Const. art. 40.