LAW NO

Whereas it is our will and the desire of the people of our Emirates to establish a Federation between these Emirates, to promote a better life, more solid stability and a higher international status for the Emirates and their people;

Desiring to create closer links between the Arab Emirates in the form of an independent, sovereign, Federal state, capable of protecting its existence and the existence of its members, in co-operation with the sister Arab states and with all other friendly states that are members of the United Nations Organization and of the family of nations in general, on a basis of mutual respect and reciprocal interests and benefits,

Desiring also to lay the foundation for federal rule in the coming years on a sound basis, in line with the realities and the capacities of the Emirates at the present time, enabling the Federation, giving free hand to the Federation to achieve its objectives, sustaining the identity of its members providing that this is not inconsistent with those objectives and preparing the people of the Federation at the same time for a dignified and free constitutional life, and progressing by steps towards a comprehensive, representative, democratic regime in an Islamic and Arab society free from fear and anxiety;

And whereas the realization of the foregoing is our dearest wish, towards which we have bent our strongest resolution, being desirous of advancing our country and our people to the status of qualifying them to take appropriate place among civilized states and nations;

For all these reasons and until the preparation of the permanent Constitution for the Federation is completed, we proclaim before the Supreme and Omnipotent Creator, and before all the peoples, our agreement to this Constitution

, to which our signatures are appended, and which shall be implemented during the transitional period indicated in it ;

The United Arab Emirates is a Federal, independent and sovereign state, referred to hereafter in this Constitution as the Federation.

The Federation is composed of the following Emirates:

Abu Dhabi, Dubai, El Sharkah, Ajman, Umm Al-Quwain, Fujaira, Ras Al -Khaimah

Any independent Arab country may join the Federation after securing the approval of the Federation Supreme Council by unanimous vote.

Upon acceptance of a new member in the Federation, the Federation Supreme Council shall determine the number of seats reserved for such member in the Federated National Council in addition to the number provided for in Article 68 of this Constitution.

In carrying out the duties entrusted to it by virtue of the present Constitution, the Federation shall exercise sovereignty over all territories and territorial waters falling within the international boundaries of the member Emirates.

The member Emirates shall exercise sovereignty over their territories and territorial waters in all matters that do not fall within the jurisdiction of the Federation by virtue of the present Constitution.

The Federation may not assign its sovereignty or abandon any part of its land or water.

The Federation shall have its own flag

, emblem

and national hymn

. The law shall determine the flag and the emblem and each Emirate shall keep its own flag to be used within its territory.

The Federation forms part of the big Arab Nation to which it is linked by ties of common religion, language, history and fate.

The people of the Federation are one and form part of the Arab Nation.

Islam is the official religion of the Federation and the Muslim Shari’a is a main source of its legislation. Arabic is the official language of the Federation.

The citizens of the Federation shall have a single nationality fixed by law. They shall enjoy abroad the protection of the Federal Government in accordance with the international principles in effect.

Nationality may neither be forfeited nor withdrawn from the nationals save in exceptional circumstances provided for in the law.

Abu Dhabi City shall be the Capital of the Federation.

The aims of the Federation shall be the maintenance of its independence, sovereignty; the safeguard of its security and stability; the defense against any aggression on its existence or the existence of the member Emirates; the protection of the rights and liberties of the people of the Federation; the achievement of close co-operation between the Emirates for their common benefit in realizing these aims and in promoting their prosperity and progress in all fields; the provision of a better life for all citizens together with the respect by each member Emirate of the independence and sovereignty of the other Emirates in their internal affairs within the framework of this Constitution.

1- The Emirates of the Federation shall form a single economic and customs entity. Federal laws shall regulate the progressive stages appropriate to the achievement of this entity.

2- The free movement of all capital and goods between the Emirates of the Federation is guaranteed and may not be restricted except by a Federal law.

3- All taxes, fees, duties and tolls imposed on the movement of goods from one member Emirate to the other shall be abolished.

The foreign policy of the Federation aims towards the support of Arab and Islamic causes and interests and towards the consolidation of the bonds of friendship and co-operation with all nations and peoples on basis of the principles of the Charter of the United Nations and the international moral standards.

The Federation and its member Emirates shall co-operate, within the limits of their jurisdiction and abilities, in enforcing the provisions of this Part.

Equality, social justice, safety, security and equal opportunities for all citizens shall be the pillars of the Society. Solidarity and compassion shall constitute the closest bonds between them.

Family is the basis of society. It is founded on religion, morals and patriotism. The law shall guarantee its existence, safeguard and protect it from deviation.

Society shall include in its care childhood and motherhood and shall protect minors and others unable to look after themselves for whatever reason, such as illness or incapacity or old age or forced unemployment. It shall extend assistance and rehabilitation to them for their own benefit and that of the Society. Such matters shall be regulated by welfare and social security

legislations.

Education is a fundamental factor for the progress of society. It shall be compulsory in its primary stage and free of charge at all stages, within the Federation. The law shall set forth the necessary schemes for the propagation and generalization of education at various levels and for the eradication of illiteracy.

Private schools may be established by individuals and organizations in accordance with the provisions of the law, provided that such schools be subject to the supervision and directives of the competent public authorities.

The community shall ensure for all citizens medical care and means of prevention and treatment of diseases and epidemics. It shall encourage the establishment of public and private hospitals, dispensaries and treatment centers.

Society shall consider work as a cornerstone of its development. It shall strive towards making it available for citizens and training them so that they are prepared for it. It shall create the appropriate circumstances by enacting legislations protecting the rights of the employees and the interests of the employers in the light of developing international labor legislations.

Private property shall be protected. Restrictions relating thereto shall be laid down by law. No one shall be deprived of his property except in circumstances dictated by public benefit in accordance with the provisions of the law and in consideration of a just compensation.

Public property shall be inviolable; its protection shall be the duty of every citizen. The law shall state the cases in which the breach of this duty shall be penalized.

The natural wealth and resources of each Emirate shall be considered the public property of that Emirate. Society shall be responsible for the protection and proper exploitation thereof for the benefit of the national economy.

The basis of the national economy is social justice. It is founded on sincere co-operation between public and private activities. Its aim shall be the achievement of economic development, increase of productivity, rise in the standards of living and achievement of prosperity for the citizens, all within the limits of law. The Federation encourages cooperation and savings.

All persons are equal before the law, without discrimination between citizens of the Federation in regard to race, nationality, religious belief or social status.

Personal liberty is guaranteed to all citizens. No person may be apprehended, frisked, detained or imprisoned except in accordance with the law.No person shall be subjected to torture or to degrading treatment.

Crimes and punishments shall be determined by the law. No penalty shall be imposed for any act or omission committed prior to promulgation of the relevant law.

Penalty is personal. An accused shall be presumed innocent until proved guilty in a legal and fair trial. The accused shall have the right to appoint the person who has the capacity to defend him during the trial. The law shall prescribe the cases in which the presence of a counsel for defense is a must.

Physical and moral harm to an accused is prohibited.

Freedom of movement and residence shall be within the limits of law guaranteed to citizens.

Freedom of opinion and expressing it verbally or in writing or by other means shall be guaranteed within the limits of the law.

Freedom of corresponding through the post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with the law.

Freedom of worship shall be guaranteed in accordance with established customs, provided that it does not conflict with public policy or violate public morals.

Freedom of assembly and association shall be guaranteed within the limits of the law.

Every citizen shall be free to choose his occupation, trade or profession within the limits of the law and with due observance of the regulations organizing some of these professions and trades.

No person may be subjected to forced labor except in exceptional circumstances provided for in the law and in return for a consideration.

No person may be enslaved.

Public functions are available to all citizens on the basis of equal opportunity for all and in accordance with the provisions of the law.

Public functions are a national service assigned to those who carry them out. In the performance of his duties the public employee’s only aim is to serve public interest.

Dwellings are inviolable; they may not be accessed without permission of their lawful occupiers except in accordance with the law and in the instances determined therein.

Citizens may not be deported or banished out of the Federation.

Turning in citizens and political refugees is prohibited.

Public confiscation of property is prohibited. The sanction of private confiscation shall not be enforced except by court order and in the instances provided for in the law.

Aliens shall enjoy in the Federation all rights and liberties provided in international Charters in force or in treaties or conventions in which the Federation is a party. In exchange they have to abide by the corresponding duties.

Every person shall have the right to submit complaints to the competent authorities, including the judicial authorities concerning the violation of the rights and liberties set forth in this Part.

Payment of taxes and public charges determined by law is the duty of every citizen.

Defense of the Federation is a sacred duty of every citizen; military service, as regulated by law, is an honor for citizens.

Respect of the Constitution and the laws, as well as the orders issued by public authorities in implementation thereof and the observance of public order and respect of public morals are duties incumbent upon all inhabitants of the Federation.

The Federal Authorities are composed of:

1- The Federal Supreme Council.

2- The President of the Federation and his Deputy.

3- The Council of Ministers of the Federation.

4- The Federal National Council.

5- The Federal Judiciary.

The Federal Supreme Council is the highest authority in the Federation. It shall consist of the Rulers of all the Emirates composing the Federation, or of their substitutes in the event of their absence or their incapacity to attend.

Each Emirate shall have a single vote in the deliberations of the Council.

The Federal Supreme Council shall be in charge of the following matters:

1- Formulation of the general policy in all matters vested in the Federation by this Constitution. It shall examine all matters leading to the achievement of the Federation’s objectives and the common interests of the member Emirates.

2- Ratification of the various Federal laws before their promulgation, including the Laws on the Annual General Budget and the Closing Accounts.

3- Sanction of decrees relating to matters that by virtue of the provisions of this Constitution are subject to the ratification or approval of the Supreme Council. Such sanction shall take place before the promulgation of these decrees by the President of the Federation.

4- Ratification by Decree of the treaties and international agreements.

5- Approval of the appointment of the Prime Minister of the Federation, acceptance of his resignation and his removal from office upon proposal from the President of the Federation

6- Approval of the appointment of the President and Judges of the Federal Supreme Court, acceptance of their resignation and their dismissal in the circumstances provided for in this Constitution. All Such decisions shall be issued by decrees.

7- Supreme Control over the affairs of the Federation, in general.

8- Any other relevant matters provided for in this Constitution or in the Federal laws.

1- The Supreme Council shall lay down its own bye-laws

which shall include its procedures for the conduct of business and the procedures for voting on its decisions. The deliberations of the Council shall be secret.

2- The Supreme Council shall establish a general Secretariat consisting of an adequate number of personnel to assist it in the performance of its duties.

Decisions of the Supreme Council on substantive matters shall be taken by a majority vote of five of its members provided that this majority includes the votes of the Emirates of Abu Dhabi and Dubai. The minority shall be bound by the opinion of the said majority. The Council’s decisions on procedural matters shall, however, be taken by a simple majority vote. Such matters shall be defined in the Council bye-laws.

Meetings of the Supreme Council shall be held in the Federal capital or in any other place agreed upon beforehand.

The Federal Supreme Council shall elect from among its members a President and a Vice President

of the Federation. The Vice President of the Federation shall exercise all the powers of the President in the event of his absence for whatever reason.

As an exception to the provisions of the previous paragraph, the President of the Federation may nominate another Vice President, and this nomination shall be presented to the Supreme Council. A decision shall be issued to appoint this Vice President by the President of the Federation after the approval of the Supreme Council.

If the President of the Federation has more than one Vice President, he shall, based on the approval of the Supreme Council, issue a Federal Decree distributing the competencies stipulated in this Constitution and in the federal laws of the Vice President of the Federation, to his Vice Presidents.

The term of office of the President and the Vice Presidents shall be five years. They are eligible for re-election to the same offices and each of them shall, on assuming office, take the following oath before the Federal Supreme Council:

"I swear by Almighty God that I shall be faithful to the State of the United Arab Emirates; respect its Constitution and its laws; protect the interests of the people of the Federation; and I shall discharge my duties faithfully and loyally and safeguard the independence of the Federation and its territorial integrity."

Upon vacancy of the office of the President or Vice-President by reason of death or resignation, or the termination of the rule of any one of them over this Emirate for whatever reason, the Supreme Council shall be convened into session within one month of that date to elect a successor to the vacant office for the period stipulated in Article 52 of this Constitution.

In the event that the two offices of the President of the Supreme Council and his Deputy become vacant simultaneously, the Council shall be immediately called into session by any one of its members or by the Prime Minister of the Federation, to elect a new President and Vice President to fill the two vacant offices.

The President of the Federation shall assume the following powers

1- Presiding the Supreme Council and directing its discussions.

2- Convening the Supreme Council into meeting, and adjourning same according to the rules of procedure decided by the Council in its by-laws. The Council must be convened for a meeting at the request of one of its members.

3- Calling for a joint meeting between the Supreme Council and the Council of Ministers whenever necessity so requires.

4- Signing Federal laws, decrees and decisions that the Supreme Council ratifies amd promulgates.

5- Appointing the Federal Prime Minister, accepting his resignation and relieving him from office with the consent of the Supreme Council. He shall also appoint the Deputies

Prime Minister and the Ministers and accept their resignations and relieve them from office upon a proposal from the Prime Minister of the Federation.

6- Appointing the diplomatic representatives of the Federation to foreign states and other senior Federal officials, both civil and military (with the exception of the President and Judges of the Supreme Court of the Federation), and accepting their resignations and dismissing them upon approval of the Council of Ministers of the Federation. Such appointments, acceptance of resignations and dismissals shall be decided by decrees and in accordance with the Federal laws.

7- Signing the letters of credence of diplomatic representatives of the Federation to foreign states and organizations and accepting the credentials of diplomatic and consular representatives of foreign states to the Federation and receiving their letters of credence. He shall as well sign documents of appointment and credence of the representatives.

8- Supervising

the implementation of Federal laws, decrees and decisions through the Council of Ministers of the Federation and the competent Ministers.

9- Representing the Federation internally, and towards other states as well as in all international relations.

10- Exercising the right of pardon and commutation of sentences and approving capital sentences according to the provisions of this Constitution and the Federal laws.

11- Conferring decorations and medals of Honor, both civil and military, in accordance with the laws relating to such decorations and medals.

12- Any other power vested in him by the Supreme Council or vested in him in conformity with this Constitution or the Federal laws.

The Council of Ministers of the Federation shall consist of the Prime Minister, his Deputies

and a number of Ministers.

Ministers shall be chosen from among citizens of the Federation known for their competence and experience.

The Prime Minister, his Deputies

and the Ministers shall, before assuming the responsibilities of their office. take the following oath before the President of the Federation:

"I swear by Almighty God that I shall be loyal to the United Arab Emirates; respect the Constitution and laws of the Federation; discharge my duties faithfully; that I shall fully take care of the interests of the people of the Federation and fully preserve the entity of the Federation and its territorial integrity."

The law shall determine the jurisdiction of the Ministries and the powers of each Minister

. The first Council of Ministers of the Federation shall be composed of the following Ministries:

4- Finance, Economy and Industry

8- Public Works and Agriculture

9- Communications, Post, Telegraph and Telephones

10- Labor and Social Affairs

The Prime Minister shall preside over the meetings of the Council of Ministers. He shall call it into session, direct its debates, follow up the activities of Ministers and supervise the coordination of work between the various Ministries and in all executive bodies of the Federation.

One of the deputies of the Prime Minister shall exercise all the powers of the Prime Minister in the event of his absence for any reason, and such by virtue of the commission of the President of the Federation, and upon the recommendation of the Prime Minister.

The Council of Ministers, in its capacity as the executive authority of the Federation, shall, under the supreme control of the President of the Federation and the Supreme Council, be in charge of running all domestic and foreign affairs that are within the jurisdiction of the Federation according to this Constitution and the Federal laws.

The Council of Ministers shall, in particular, assume the following powers:

1- Follow up the implementation of the general policy of the Federal Government both domestic and foreign.

2- Propose drafts of Federal laws and refer same to the Federal National Council before their submission to the President of the Federation who in turn shall submit same to the Supreme Council for ratification.

3- Draw up the annual general budget of the Federation, and the closing accounts.

4- Prepare drafts of decrees and various decisions.

5- Issue regulations necessary for the implementation of Federal laws without amending or suspending such regulations or making any exemption from their execution; issue arrest reports and other regulations relating to the organization of public services and administrations, within the limits provided for in this Constitution and the Federal laws. By special law provision or by decision of the Council of Ministers, the competent Federal Minister or any other administrative authority may be charged to issue some of these regulations.

6- Supervise the implementation of Federal laws, decrees, decisions and regulations by all the concerned authorities in the Federation or in the Emirates.

7- Supervise the enforcing of judgments rendered by the Federal Courts and the implementation of international treaties and agreements concluded by the Federation.

8- Appoint and dismiss Federal public servants in accordance with the provisions of the law, provided that their appointment or dismissal does not require the issuance of a decree.

9- Control the performance of the Federal public directorates and departments and the conduct and discipline of Federal public servants in general.

10- Any other authority vested in it by law or by the Supreme Council, within the limits of this Constitution

Deliberations of the Council of Ministers are secret; its resolutions shall be taken by a majority vote and, in case of a tie, the side which the Prime Minister supports shall prevail.

The Prime Minister, his deputies or any other Federal minister, in office, may not perform any professional, commercial or financial work or participate in a commercial transaction with the Federal government or governments of the Emirates. He may not as well add to his position more than one other official position in the government of the United Arab Emirates.

The members of the Council of Ministers must, in their conduct, aim at achieving the interests of the Federation, giving preeminence to public interest, completely negating personal interest, abstaining from exploitation of their official positions in any manner whatsoever for their own benefit or the benefit of those with whom he is connected with private relationship.

The Prime Minister, his deputies, and the Ministers are politically jointly responsible, before the President of the Federation and the Federal Supreme Council, to implement the general policy of the Federation inside the country and abroad. Each one of them shall be held personally liable for the acts of his ministers or his position before the President of the Federation and the Federal Supreme Council.

The resignation of the Prime Minister, his removal from office, death or the vacancy of his position for any reason whatsoever shall lead to the resignation of the government as a whole. The President of the Federation may ask the ministers to temporarily maintain their office in order to expedite urgent matters until the formation of the new government.

At the beginning of each financial year, the Council of Ministers shall submit to the President of the Federation, for review by the Supreme Council, a detailed report of the work accomplished inside the country and the relations of the Federation with other States and international organizations, accompanied by the recommendations of the government as to the best means to strengthen the structure of the Federation, consolidate its peace and stability, achieve its objectives and its progress in all fields.

1- The Council of Ministers shall draw up its own by -laws

embodying its rules of procedures.

2- The Council of Ministers shall have a Secretariat General

composed of a number of employees to assist it in the conduct of its work.

The salaries of the Prime Minister, his Deputies

and the other Ministers

. shall be determined by law.

The National Assembly of the Federation shall be composed of thirty four members. And the seats shall be allocated to member Emirates as follows:

Umm Al-Quwain 4 seats

Ras El- Khaimah 6 seats

Each Emirate shall be free to determine the method of selecting the citizens representing it in the Federal National Council.

A member of the Federal National Council must satisfy the following conditions

1- be a citizen of one of the Emirates of the Federation, and permanently residing in the Emirate he represents in the Council;

2- be not less than twenty-five Gregorian years of age at the time of his selection;

3- enjoy civil capacity, good conduct, good reputation and not previously convicted of a dishonorable offence unless he has been rehabilitated in conformity with the law;

4- have adequate reading and writing knowledge

Membership of the Federal National Council may not be combined with any public function in the Federation, including Ministerial portfolios.

Membership in the Federal National Council shall be four Gregorian years commencing from the date of its first meeting

Before assuming his duties in the Council or its Committees, a member of the Federal National Council shall take the following oath before the Council in public session:

”I swear by Almighty God that I shall be loyal to the United Arab Emirates; respect the Constitution and the laws of the Federation and that I shall discharge my duties in the Council and its Committees honestly and truthfully”.

If, for any reason, a seat of any member in the Council becomes vacant before the expiry of the term of his membership, a replacement shall be selected within two months as of the date on which the vacancy is proclaimed by the Council, unless the vacancy occurs during the three months preceding the end of the term of the Council.

The new member shall complete the term of membership of his predecessor.

Sessions of the Federal National Council shall be held in the Federal capital. Exceptionally, sessions may be held in any other place within the Federation upon a decision taken by the Council by a majority vote of all its members and with the approval of the Council of Ministers.

The Council shall decide upon the validity of the mandate of its members and forfeiture of their membership should they cease to satisfy one of its conditions. This decision shall be taken by a majority vote of all its members, upon proposal of five of them. The Council shall be competent to accept resignation from membership which shall be considered as final from the date of its acceptance by the Council.

A member of the Federal Council represents the whole people of the Federation and not merely the Emirate that he represents in the Council

The Council shall hold an annual ordinary session lasting not less than seven months, commencing on the third week of October each year. It may be called into extraordinary session whenever the need arises. The Council may not consider at an extraordinary session any matter other than those for which it has been called into session.

The Council shall be convened into session, and its session shall be terminated by decree issued by the President of the Federation with the consent of the Federal Council of Ministers. Any meeting held by the Council without a formal convocation or in a place other than that legally assigned for its meeting in accordance with this Constitution, shall be invalid and without any effect.

Nevertheless, if the Council is not called to hold its meeting for its annual ordinary session before the third week of November, the Council shall be ipso facto in session on the twenty first of the said month.

The President of the Federation shall open the Council’s first ordinary annual session and shall deliver a speech that includes the status of the country, the most important events and major affairs that occurred during the year and the projects and reforms the Government intends to achieve during the coming session.

The President of the Federation may delegate for the inauguration of the session or for delivering the speech the Vice-President or the Prime Minister of the Federation.

The Federal Council shall select, from among its members, a committee to prepare the draft reply to the inaugural speech including the Council’s observations and wishes. After approval of the Council, the reply shall be submitted to the President of the Federation for consideration by the Supreme Council.

The Council members shall assume no liability on account of the ideas and opinions dispensed by them during the performance of their duties inside the Council or the committees.

When the Council is in session, and in cases other than flagrant delict, no criminal measures may be taken against any of its members except with the authorization of the Council. Should such measures be taken when the Council is not in session, it should be notified thereof.

As of the date of taking oath, the President of the Council and all its members deserve a remuneration determined by law

as well as a transportation allowance from their dwelling place to the place where the meetings were held.

The Council shall have an office Board composed of a President, 1st and 2nd Vice-Presidents and two controllers both chosen from among its members.

The tenure of office of both the President and Vice-President shall end by the expiry of the term of the Council or by its dissolution in accordance with paragraph two of Article 88.

The controllers’ term of office shall end by selecting two new controllers at the beginning of the next ordinary session. Where any position in the Council’s Bureau becomes vacant, the Council shall choose a replacement for the remaining period.

The Council shall have a Secretariat General presided by a Secretary General. The by-laws of the Council shall determine his jurisdictions. The Council shall lay down its draft by-laws which shall be issued by a decision from the President of the Federation upon the consent of the Federal Supreme Council.

Meetings of the Council are public but may be held in camera if so requested by the government’s representative, the President of the Council or one-third of its members.

Deliberations of the Council shall not be valid unless a majority of its members at least are present. Resolutions shall be taken by an absolute majority of the votes of members present, except in cases where a special majority has been prescribed. In case the votes are equally divided, the side which the President of the session supports shall prevail.

Meetings of the Council may be adjourned by a decree promulgated by the President of the Federation with the approval of the Council of Ministers of the Federation for a period not exceeding one month, provided that such adjournment is not repeated in one session except with the approval of the Council and for once only. The period of adjournment shall not be deemed part of the term of the ordinary session.

The National Federal Council

may also be dissolved by a decree promulgated by the President of the Federation with the approval of the Federal Supreme Council provided that the decree of dissolution includes a summons to the new Council to come into session within a period not exceeding sixty days as of the date of the decree of dissolution. The Council may not be dissolved again for the same reason.

In so far as this does not conflict with the provisions of Article 110, Federal draft laws, including financial bills, shall be submitted to the National Federal Council prior to their submission to the President of the Federation for presentation to the Supreme Council for ratification. The National Federal Council shall discuss these bills and may pass, amend or reject them.

The Council shall examine, during its ordinary Session, the Annual General Budget draft law of the Federation and the draft law of the final accounts, in accordance with the provisions of Chapter Eight of this Constitution.

The Government shall inform the Federal National Council of international treaties and agreements concluded with other states and the various international organizations, together with appropriate explanations. The President of the Council shall determine, by virtue of a decision thereby, the international treaties and agreements to be discussed by the Federal National Council prior to the ratification thereof.

The National Federal Council may discuss any general subject pertaining to the affairs of the Federation unless the Council of Ministers Informs the National Federal Council that such discussion is contrary to the highest interests of the Federation. The Prime Minister or the Minister concerned shall attend the debates. The National Federal Council may express its recommendations and may define the subjects for debate. If the Council of Ministers does not approve of these recommendations, it shall notify the National Federal Council of the reasons therefore.

The Federal Government shall be represented at sessions of the National Federal Council by the Prime Minister or one of his deputies

or one member of the Federal Cabinet at least.

The Prime Minister or one of his deputies

or the competent Minister, shall answer questions addressed to them by any member of the Council requesting explanation of any of the matters within their jurisdiction, in conformity with the procedures prescribed in the bye-laws of the Council.

Justice is the basis of rule. In performing their duties, judges shall be independent and shall not be subject to any authority but the law and their own conscience.

The Federation shall have a Federal Supreme Court and Federal Tribunals of first degree as detailed hereinafter.

The Federal Supreme Court shall consist of a President and a number of judges, not exceeding five in all, who shall be appointed by decree, issued by the President of the Federation after approval by the Supreme Council. The law shall prescribe the number of the chambers in the Court, their order and procedures, conditions of service and retirement for its members and the conditions and qualifications to be met by them.

The President and the Judges of the Federal Supreme Court shall not be removed during the exercise of their judiciary functions. Their tenure of office shall not be terminated except for one of the following reasons:

3- Expiration of contract term for those appointed for a fixed term or completion of term of their assignment.

4- Reaching retirement age.

5- Incapacity to carry on their functions for health reasons.

6- Disciplinary discharge on basis of the reasons and proceedings stipulated in the law.

7- Appointment to other offices with their consent.

The President and the Judges of the Federal Supreme Court shall, before holding office, swear on oath before the President of the Federation and in the presence of the Federal Minister of Justice, that they will render justice without fear or favoritism and that they will be loyal to the Constitution and the laws of the Federation.

The Federal Supreme Court shall have jurisdiction in the following matters:

1- Various disputes between member Emirates in the Federation, or between any one Emirate or more and the Federal Government, whenever such disputes are submitted to the Court on the request of any of the interested parties.

2- Examination of the constitutionality of Federal laws, if they are challenged by one or more of the Emirates on the grounds of violating the Federal Constitution. Examination of the constitutionality of legislations promulgated by one of the Emirates, if they are challenged by one of the Federal authorities on the grounds of violation of the Federal Constitution or the Federal laws.

3- Examination of the constitutionality of laws, legislations

and regulations in general, if such request is referred to it by any Court in the country during the examination of a pending case. The aforesaid Court shall be bound to accept the ruling of the Federal Supreme Court rendered in this connection.

- Interpretation of the provisions of the Constitution, when so requested by any Federal authority or by the Government of any Emirate. Any such interpretation shall be considered binding on all.

Trial of Ministers and senior officials of the Federation appointed by decree regarding their actions in carrying out their official duties, on demand of the Supreme Council and in accordance with the relevant law.

6- Crimes directly affecting the interests of the Federation, such as crimes relating to its internal or external security, forgery of the official records or seals of any of the Federal authorities and counterfeiting of currency.

7- Conflict of jurisdiction between the Federal and local judicial authorities in the Emirates.

8- Conflict of jurisdiction between the judicial authority in one Emirate and the judicial authority in another Emirate. The rules relating thereto shall be regulated by a Federal Law.

9- Any other jurisdiction provided for in this Constitution, or which may be assigned to it by a Federal law.

The Federal Supreme Court shall hold its sittings in the capital of the Federation. It may, exceptionally, assemble when necessary in the capital of any of the Emirates.

The judgments of the Federal Supreme Court shall be final and binding on all. If the Court, in ruling on the constitutionality of laws, legislations and regulations, decides that a Federal legislation is in violation of the Federal Constitution, or that local legislations or regulations under consideration contain provisions which violate the Federal Constitution or with a Federal law, the authority concerned in the Federation or in the Emirate, accordingly, shall be obliged to take the necessary measures to remove or rectify the constitutional violation.

The Federation shall have one or more Federal court of first instance seated in the permanent capital of the Federation or in the capital of some Emirates in order to perform their judicial functions within their jurisdiction in the following lawsuits:

1- Civil, commercial and administrative litigations between the Federation and individuals whether the Federation is plaintiff or defendant.

2- Crimes perpetrated within the boundaries of the permanent Federal capital, except those crimes that fall within the jurisdiction of the Federal Supreme Court according to article 99 of this Constitution.

3- Personal status, civil, commercial and other litigations between individuals that arise in the permanent Federal capital.

The law regulates all matters concerning the Federal courts of first instance relating to their organization, formation, circuits, territorial jurisdiction, procedures, the oath taken by the judges of these courts, conditions of their employment and the modes of challenging their decisions.

The law may provide for the appeal of their judgments before one of the Chambers of the Federal Supreme court in the instances and according to the procedures provided for therein.

The local judiciary bodies in each Emirate shall have jurisdiction in all judicial matters that have not been entrusted to the Federal judiciary by virtue of this Constitution.

A Federal law enacted upon request of a specific Emirate may transfer all or part of the competences of the local judiciary authorities in accordance with the preceding article to the Federal court of first instance.

Likewise, a Federal law shall determine the instances in which it is allowed to appeal the decisions of the local judiciary authorities in criminal, civil, commercial and other matters, before the Federal courts provided that the judgment rendered by these courts are final.

The Federation shall have a public prosecutor, appointed by a Federal decree issued with the approval of the Council of Ministers, assisted by a number of members of the public prosecution.

The law regulates the affairs of the members of the Federal prosecution as concerns their appointment, rank, promotion, retirement and the qualifications to be met by them.

The Federal law on criminal procedures and trials regulates the jurisdiction of this authority, its procedures, the powers of the assisting police and public security forces.

The President of the Federation, prior to the execution of the verdict or in the course thereof, may grant pardon as concerns the execution of the penalty sentenced by a Federal judiciary authority, or commute it. This will take place upon proposal of the Federal Minister of justice and after approval of a Committee headed by the Minister and composed of six members chosen by the Federal Council of Ministers, for a period of three years renewable, from among learned and qualified citizens in the country.

Membership in the Committee is gratuitous, deliberations are secret and its resolutions are taken by an absolute majority vote.

Death penalty decided by a final sentence from a Federal judicial authority may not be executed except after ratification of the judgment by the President of the Federation. He may substitute it by a commuted penalty in accordance with the procedures set forth in the preceding Article.

General amnesty for a specific crime or crimes shall only be granted by law.The promulgation of the law of amnesty shall result in considering such crimes as if never committed and exonerating from the execution of the penalty or the remaining part of it.

1- Federal laws shall be promulgated in accordance with the provisions of this Article and other appropriate provisions of the Constitution.

2- A draft law shall become a law after the adoption of the following procedure:

a- The Council of Ministers shall prepare a bill and submit it to the National Federal Council.

b- The Council of Ministers shall submit the bill to the President of the Federation for his approval and presentation to the Supreme Council for ratification.

c- The President of the Federation shall sign the bill after ratification by the Supreme Council and shall promulgate it.

3- a-If the National Federal Council enters any amendment to the bill and this amendment is not acceptable to the President of the Federation or the Supreme Council, or if the National Federal Council rejects the bill, the President of the Federation or the Supreme Council may return it to the National Federal Council. If the National Federal Council introduces an amendment thereto that is not acceptable to the President of the Federation or the Supreme Council, or if the Federal National Council decides to reject the bill, the President of the Federation may promulgate the law after ratification by the Supreme Council.

b-The term "bill" in this clause shall mean the draft which is submitted to the President of the Federation by the Council of Ministers including the amendments, if any, made to it by the National Federal Council.

4- Notwithstanding the foregoing, if the situation requires the promulgation of Federal laws when the National Federal Council is not in session, the Council of Ministers of the Federation may issue them through the Supreme Council and the President of the Federation, provided that the Federal Council is notified of it at its next meeting.

Laws shall be published in the Official Gazette

of the Federation within a maximum of two weeks from the date of their signature and promulgation by the President of the Federation pursuant to their ratification by the Supreme Council. Such laws shall become in force one month after the date of their publication in the said Gazette, unless another date is specified in the said law.

Laws shall have no effect except on what occurs as from the date they become in force without retrospective effect. When necessary and in matters other than criminal, the law may provide otherwise.

Should necessity arise for urgent promulgation of Federal laws between sessions of the Supreme Council, the President of the Federation together with the Council of Ministers may promulgate the necessary laws in the form of decrees which shall have the force of law, provided that they are not inconsistent with the Constitution.

Such decree-laws must be referred to the Supreme Council within a maximum of one week for approval or rejection. If they are approved, they shall have the force of law and the National Federal Council shall be notified at its next meeting. However, if the Supreme Council does not approve them, they shall cease to have the force of law unless it has decided to sanction their effectiveness during the preceding period, or to settle in some other way the effects arising therefrom.

No decree may be issued unless the Council of Ministers has confirmed it and the President of the Federation or the Supreme Council, according to their powers, has ratified it. Decrees shall be published in the Official Gazette after signature by the President of the Federation.

While the Supreme Council is out of session and if necessity arises, it may authorize the President of the Federation and the Council of Ministers collectively to promulgate decrees which ratification is within the power of the Supreme Council, provided that such authority shall not include ratification of international agreements and treaties or declaration or remission of Martial Law or declaration of a defensive war or appointment of the President or Judges of the Federal Supreme Court.

The Emirates shall exercise all powers not assigned to the Federation by this Constitution. The Emirates shall all participate in the establishment of the Federation and shall benefit from its existence, services and protection.

Governance in each Emirate shall aim in particular at the maintenance of security and order within its territories, the provision of public utilities for its inhabitants and the raising of social and economic standards.

The member Emirates of the Federation shall all work for the co-ordination of their legislations in various fields targeting the unification of such legislations as far as possible.

Two or more Emirates may, after obtaining the approval of the Supreme Council, agglomerate in a political or administrative unit, or unify all or part of their public services or establish a single or joint administration to run any such services.

With a view to provide the utmost degree of facility, the Federal law shall regulate matters pertaining to the enforcement of judgments, rogatory commissions, serving legal documents and surrendering fugitives between the member Emirates of the Federation.

The Federation shall have exclusive jurisdiction in the following affairs:

2- Defense and Federal armed forces.

3- Protection of the Federal security from all local and foreign dangers threatening it.

4- Matters concerning security, order and governance in the permanent capital of the Federation.

5- Matters concerning Federal employees and the Federal judiciary.

6- Federal finance, taxes, fees and dues.

7- Federal public loans.

8- Postal, telegraphic, telephonic and wireless services.

9-Building of Federal roads which the Supreme Council considers main roads, the maintenance and improvement thereof and organizing traffic on these roads.

10- Aeronautic control and issuance of airplane and pilots licenses.

12- Public health and medical services.

13- Exchange and currency.

14- Measures, dry measures and weights

15- Electricity services.

16- Federal nationality, passports, residence and immigration.

17- Federal property and all matters relating thereto.

18- Census and statistical matters regarding Federal objectives.

19- Federal information.

Without prejudice to the provisions of the preceding Article, the Federation shall have exclusive legislative jurisdiction in the following matters:

Labor relations and social security - real estate and expropriation in the public interest - extradition of criminals – banks - insurance of all kinds - protection of agricultural and animal wealth - major legislations relating to penal law, civil and commercial transactions and company law, procedures before the civil and criminal courts - protection of intellectual, technical and industrial property and copyright - printing and publishing - import of arms and ammunitions except for use by the armed forces or the security forces belonging to any Emirate - other aeronautic affairs which are not within the executive jurisdiction of the Federation - delimitation of territorial waters and regulation of navigation on the high seas – organizing the free zone areas, determining the method of creation of such zones and the scope of its exception from the implementation of the Federal laws.

The Emirates shall have jurisdiction in all matters not assigned to the exclusive jurisdiction of the Federation in accordance with the provisions of the two preceding Articles.

As an exception to paragraph 1 of Article 120 concerning the exclusive jurisdiction of the Federation in matters of foreign policy and international relations, the member Emirates of the Federation may conclude limited agreements of a local and administrative nature with the neighboring states or regions, provided that such agreements are not inconsistent with the interests of the Federation or with Federal laws and further provided that the Federal Supreme Council is informed in advance. If the Council objects to the conclusion of such agreements, the matter must be suspended until the Federal Court has given its ruling thereon in the shortest time possible.

The Emirates may retain their membership in the OPEC organization and the Organization of Arab Petroleum Exporting Countries or may join them.

The competent Federal authorities, before concluding any international treaty or agreement that may affect the position of any Emirate, shall seek the opinion of the said Emirate in advance and in case of difference of opinion, the matter shall be referred for decision to the Federal Supreme Court.

The governments of the Emirates shall take the necessary measures to implement the laws enacted by the Federation as well as all international treaties and agreements concluded by it including issuance of all laws, regulations, decisions and local orders necessary for this implementation.

The Federal authority shall supervise the implementation by the governments of the Emirates of all laws, regulations, international treaties and agreements and Federal judicial decisions. The competent administrative and judicial authorities in the Emirates shall extend in this respect all possible assistance to the Federal authorities.

The Federal general revenues shall consist of the income from the following resources:

1- Taxes, fees and duties imposed under a Federal law in matters within the legislative and executive jurisdiction of the Federation.

2- Fees and rates received by the Federation in return for services provided by it.

3- Contribution made by member Emirates of the Federation to the Annual Budget of the Federation in accordance with the following article.

4- Income to the Federation from its own properties.

The member Emirates of the Federation shall contribute a specified proportion of their annual revenues to cover the annual general budget

expenditure of the Federation, in the manner and on the scale

to be prescribed in the Budget Law.

The law shall prescribe the method of preparing the general budget of the Federation and the final accounts. The law shall also determine the beginning of the financial year.

The draft annual budget of the Federation, comprising estimates of revenues and expenditure, shall be referred to the Federal National Council at least two months prior to the beginning of the financial year, for discussion and submission of comments thereon, before the draft budget is submitted to the Federal Supreme Council, together with those comments, for approval.

The annual general budget shall be issued by a law. In all cases, where the budget law has not been promulgated before the beginning of the Financial year, temporary monthly allocation funds may be made by Federal decree on the basis of one twelfth of the funds of the previous financial year. Revenues shall be collected and expenditure disbursed in accordance with the laws in force at the end of the preceding financial year.

All expenditure not provided for in the budget, all expenditure in excess of the budget estimates and all transfers of sums from one part to another of the Budget must be covered by a law.

Notwithstanding the foregoing, in cases of extreme urgency, such expenditure or transfer may be arranged by decree-law in conformity with the provisions of Article 113 of this Constitution.

The Federation shall allocate in its annual budget a sum from its revenue to be expended on building and construction projects, internal security and social affairs according to the urgent needs of some of the Emirates.

The execution of these projects and the disbursement thereon shall be drawn from these funds, through and under the supervision of the competent Federal bodies with the agreement of the authorities of the Emirates concerned.

The Federation may establish a special fund for this purpose.

No Federal tax may be imposed, amended or abolished except by virtue of law. No person may be exempted from payment of such taxes except in the cases specified by law.

Federal taxes, duties and fees may not be levied on any person except within the limits of the law and in accordance with its provisions.

Public loans may not be contracted or engagements taken, involving obligations that may result in expending sums from the public treasury of the Federation for one or more future years, except by a Federal law.

The closing account of the Federal financial administration for the past year shall be submitted to the Federal National Council within the four months subsequent to the end of the said year for its comments thereon before presenting it to the Supreme Council for approval in the light of the public comptroller’s report.

An independent Federal Administration, headed by a public comptroller appointed by decree, shall be established to control the Federation’s accounts and the subordinate bodies and organizations, as well as any other accounts referred to this administration for control in accordance with the law.

The law shall regulate this Administration, its jurisdiction, the powers of those working for it and the guarantees to be provided for it, its president and its employees in order to carry on their functions in the best possible way.

Every attack upon any member Emirates of the Federation shall be considered an attack upon all the Emirates and upon the existence of the Federation itself, against which all Federal and local forces will co-operate to repel by all possible means.

The Federation shall have an army, navy and air force with unified training and command. Appointment and discharge of the Commander in Chief of these forces and the Chief of the General Staff shall be by a Federal decree. The Federation may have Federal Security Forces. The Federal Council of Ministers shall be responsible directly to the President of the Federation and the Federal Supreme Council for the affairs of all these forces.

The law shall regulate military service, general or partial mobilization, the rights and duties of members of the Armed Forces, their disciplinary rules as well as the special regulations of the Federal Security Forces.

The declaration of defensive war shall be declared by a Federal decree issued by the President of the Federation after its approval by the Supreme Council. As for offensive war, it shall be prohibited in compliance with the provisions of international Charters.

A Supreme Defense Council shall be formed, headed by the President of the Federation and shall have among its members a Vice-President, the Federal Prime Minister, the Ministers of Foreign Affairs, Defense, Finance, Interior, the Commander in Chief and the Chief of the General Staff. It shall give its opinion and advice on all matters pertaining to defense, maintenance of peace and security of the Federation; forming, equipping and developing the armed forces and determining the sites of their posts and camps.

The Council may commission any military adviser or expert and others to attend its meetings but they shall have no voting power in the deliberations. All matters pertaining to this Council shall be regulated by means of a law.

The text of Article 142

was Abrogated by virtue of Article 1 of Constitutional Amendment no.1/1976 dated 6/11/1976 in such a manner to grant the State exclusively the right of forming land, sea and air armed forces.

Any Emirate shall have the right to request the assistance of the Armed Forces or the Security Forces of the Federation in order to maintain security and order within its territories whenever it is exposed to danger. Such a request shall be submitted immediately to the Federal Supreme Council for decision.

The Supreme Council may call upon the aid of the local armed forces belonging to any Emirate for this purpose provided that the Emirate seeking assistance and the Emirate to which the forces belong agree.

The President of the Federation and the Council of Ministers of the Federation collectively, may, if the Supreme Council is not in session, take any immediate measure which cannot be delayed and considered necessary and may call the Supreme Council into immediate session.

The provisions of Paragraph (1)

of Article (144) were amended by virtue of Article (1) of Constitutional Amendment No. .2/1976 dated 28/11/1976, Article (1) of Constitutional Amendment No. 1/1981 dated 7/11/1981, Article (1) of Constitutional Amendment No. 1/1986 dated 15/10/1986 and Article (1) of Constitutional Amendment No. 1/1991 dated 28/10/1991 and then impliedly abrogated by virtue of Articles (1) and (3) of Constitutional Amendment No. 1/1996 dated 2/12/1996 on the Cancellation of the Term Provisional” of the Constitution which Became the Permanent Constitution of the State.

2- a- If the Supreme Council considers that the topmost interests of the Federation require the amendment of this Constitution, it shall submit a draft constitutional amendment to the Federal National Council.

b- The procedure for approving the constitutional amendment shall be the same as the procedure for approving laws.

c- The approval of the National Federal Council, for a draft constitutional amendment, shall require the agreement of two-thirds of the votes of attending members.

d- The President of the Federation shall sign the constitutional amendment in the name of the Supreme Council and in his stead and shall promulgate the amendment.

The provisions of Paragraph (23)

of Article (144) were impliedly abrogated by virtue of Articles (1) and (3) of Constitutional Amendment No. 1/1996 dated 2/12/1996 on the Cancellation of the Term “Provisional” from the Constitution

The provisions of Paragraph (4)

of Article (144) were impliedly abrogated by virtue of Article (1) and (3) of Constitutional Amendment No. 1/1996 dated 2/12/1996 on the Cancellation of the Term “Provisional” in the Constitution

Under no circumstances, may any of the provisions of this Constitution be suspended, except when Martial Law is in force and within the limits specified by this Law.

Notwithstanding the foregoing, sessions of the Federal National Council may not be suspended during that period nor may the immunity of its members be violated.

In case of necessity defined by law, Martial Law shall be declared by a decree promulgated with the approval of the Supreme Council on basis of the proposal made by the President of the Federation with the consent of the Federal Council of Ministers. Such decree shall be notified to the Federal National Council at its next meeting.

Martial Law shall be similarly lifted by decree issued with the approval of the Supreme Council when the need, for which it was imposed, no longer exists.

Nothing in the application of this Constitution shall affect treaties or agreements concluded by member Emirates with States or International Organizations unless such treaties or agreements are amended or abrogated by agreement between the parties concerned.

All matters established by laws, regulations, decrees, orders and decisions in the various member Emirates of the Federation in effect upon the coming into force of this Constitution, shall continue to be applicable unless amended or replaced in accordance with the provisions of this Constitution.

Similarly, the measures and systems existing in the member Emirates shall continue to be effective until the promulgation of laws amending them in accordance with the provisions of the Constitution.

As an exception to the provisions of Article 121 of this Constitution, the Emirates may promulgate legislations necessary for the regulation of the matters set out in the said Article without violation of the provisions of Article 151 of this Constitution.

The Federal authorities shall strive to issue the laws referred to in this Constitution as quickly as possible so as to replace the existing legislations and systems, particularly those which are not consistent with the provisions of the Constitution.

The provisions of this Constitution shall prevail over the Constitutions of the member Emirates of the Federation and the Federal laws which are issued in accordance with the provisions of this Constitution shall have priority over the legislations, regulations and decisions issued by the authorities of the Emirates. In case of conflict, that part of the inferior legislation which is inconsistent with the superior legislation shall be rendered null and void to the extent that removes the inconsistency. In case of dispute, the matter shall be referred to the Federal Supreme Court for its ruling.

This Constitution shall come into force as of the date fixed by an announcement

issued by the Rulers signatories of this Constitution.

Signed in Dubai this day the eighteenth of July 1971 corresponding to the twenty fifth day of the month Jamadi El Awal 1391 H.

Signature Khaled Bin Mohammed Al Qassimi Ruler of the Emirate of Sharjah	Signature Rashid Bin Saeed Al Maktoum Ruler of the Emirate of Dubai	Signature Zayed Bin Sultan Al Nahyan Ruler of the Emirate of Abu Dhabi
Signature Mohammed Bin Hamad Al Sharqi Ruler of the Emirate of Al- Fujairah	Signature Rashid Bin Ahmed Al Mualla On behalf of the / Ruler of the Emirate of Umm - Al Quwain	Signature Humaid Bin Rashid Al Nuaimi On behalf of the / Ruler of the Emirate of Ajman

[1] The term “provisional” has been cancelled from the Constitution of the United Arab Emirates wherever mentioned by virtue of Article One of the Constitutional Amendment no. 1 of 1996 making this Constitution the permanent constitution.

[2] The term “provisional” has been cancelled from the Constitution of the United Arab Emirates wherever mentioned by virtue of Article One of the Constitutional Amendment no. 1 of 1996 making this Constitution the permanent constitution.

[3] The provisions of former Article (1) before amendment by virtue of Article (1) of Constitutional Amendment No. 1/1972 dated 1/2/1972, and before the Emirate of Ras al-Khaimah joined the State of the United Arab Emirates by virtue of the Joining Instrument dated 1/2/1972: The United Arab Emirates is an independent, sovereign and federal state hereinafter referred to as “the Federation”. The Federation consists of the following Emirates: Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain and Fujairah. Any other independent Arab state may, subject to the unanimous approval of the Federal Supreme Council, join the Federation. - An Explanatory Note on the amendment of Article (1) of the Constitution of the United Arab Emirates was issued, providing for the following: “Article (1) of the Constitution of the United Arab Emirates authorised any independent Arab country to join the Federation whenever the Federal Supreme Council unanimously approves the same”. Whereas admitting a new member to the Federation requires the allocation of a number of seats for such member at the Federal National Council formed by virtue of Article (68) of the Constitution, And with the aim of dealing with the cases of joining the Federation membership, the provision of Article (1) of the Constitution shall be amended by adding a last paragraph to Article (1) providing for the following: “Upon acceptance of joining new member to the Federation, the Federal Supreme Council shall set the number of seats to be allocated to such member at the Federal National Council in addition to the number provided for under Article (68) of this Constitution”. Such amendment shall take place in accordance with the provisions of Paragraph (2) of Article
(144) of the Constitution, given that this amendment is required by the top interests of the Federation.

[4] The Emirate of Ras al-Khaimah joined the State of the United Arab Emirates and approved this Constitution by virtue of the Joining Instrument issued on 10/2/1972 and published in the Official Gazette, Issue No. 2, P. 6. It is worth noting that the Federal Supreme Council unanimously approved the joining of the Emirate of Ras al-Khaimah and the territories attached thereto of the State of United Arab Emirates by virtue of the Decision of the Federal Supreme Council No. 2/1972 dated 10/2/1972 on the Approval of the Supreme Council of Ras al-Khaimah Joining of the State of the United Arab Emirates, which was published in the Official Gazette, Issue No. 2, P. 7.

[5] With regard to the flag of the Federation, kindly see Federal Decision No. 4/1971 dated 2/12/1971 and Federal Law No. 2/1971 dated 21/12/1971 on the Flag of the Federation, in addition to Cabinet Decision No. 5/1996 dated 14/3/1996 on the List of Rules on Raising the Flag of the State, published in the Official Gazette.

[8] Provisions of Former Article (9) before amendment by virtue of Article (2) of Constitutional Amendment No. 1/1996 dated 2/12/1996: 1- The Capital of the Federation shall be established in an area allotted to the Federation by the Emirates of Abu Dhabi and Dubai on the borders between both Emirates. It shall be given the name of “Al Karama”. 2- A sufficient amount shall be allocated in the budget of the Federation for the first year to cover the expenses of technical studies and planning for the establishment of the Capital, provided that the construction works of the Capital shall be initiated as soon as possible and shall be completed in a period of no more than seven years from the date of entry into effect of this Constitution. 3- Until the establishment of the Capital of the Federation, Abu Dhabi shall be the provisional headquarters of the Federation.

[9] Concerning this matter, kindly see Federal Law No. 7/1999 dated 16/2/1999 on Pensions and Social Insurances, published in the Directory of the Ministry of Labour and Social Affairs.

[10] It was approved to appoint His Highness Sheikh Maktoum bin Rashid the Crown Prince of the Emirate of Dubai as Prime Minister of the United Arab Emirates by virtue of the Sole Article of Federal Decision No. 3/1971 dated 2/12/1971, published in the Official Gazette, Issue No. 1, p. 45.

[12]Provisions of Article (51) before being replaced by virtue of Article (1) of Constitutional Amendment No. 1 dated 29/3/2021: The Federal Supreme Council shall elect from among its members a President and a Deputy President of the Federation. The Deputy President of the Federation shall exercise all the powers of the President in the event of his absence for any reason whatsoever.

[13] With regard to the election and re-election of the President and Vice-President of the State of the United Arab Emirates, kindly see Federal Decision No. (1) dated 02/12/1971, Decision of the Federal Supreme Council No. (5) dated 30/11/1976, Decision of the Federal Supreme Council No. (3) dated 7/11/1981, Decision of the Federal Supreme Council No. (2) dated 15/10/1986, Decision of the Federal Supreme Council No. (3) dated 15/10/1986, Decision of the Federal Supreme Council No, (1/1990) dated 21/10/1999, Decision of the Federal Supreme Council No. (2) dated 28/10/1991, Decision of the Federal Supreme Council No. (2) dated 2/12/1996, Decision of the Federal Supreme Council No. (1) dated 2/12/2001, Decision of the Federal Supreme Council No. (1) dated 3/11/2004, Decision of the Federal Supreme Council No. (1) dated 21/01/2006, Decision of the Federal Supreme Council No. (1) dated 02/11/2009, Decision of the Federal Supreme Council No. (2) dated 31/03/2011, Decision of the Federal Supreme Council No. (1) dated 08/03/2016, Decision of the Federal Supreme Council No. (2) dated 02/11/2019, Decision of the Federal Supreme Council No. (1) dated 19/01/2021 and Decision of the Federal Supreme Council No. (1) dated 14/05/2022, thus a mention is in order.

[14] Provisions of Article (52) before being replaced by virtue of Article (1) of Constitutional Amendment No. (1) dated 29/03/2023: The term of office of the President and Vice President shall be five Gregorian years. They may be re-elected for the same office. When assuming the tasks of their office, each of them shall take the following oath before the Supreme Council: “I swear by Almighty God that I will be faithful to the United Arab Emirates, that I will respect its Constitution and its laws, that I will protect the interests of the people of the Federation, that I will discharge my duties faithfully and loyally and that I will safeguard the independence of the Federation and its territorial integrity.”

[17] Power of the President of the State to order the Public Prosecution to appeal the judgment before the Court of Appeal or the Court of Cassation to correct and rectify any error therein: Whereas Paragraph (8) of Article (54) of the Provisional Constitution of the State of the United Arab Emirates stipulated that the President of the Federation shall supervise the implementation of the Federal laws, decrees and decisions and Article (1) of Decision of the Federal Supreme Council No. 2/1976 stipulated that the President of the State shall have the right of supreme control – through all the federal agencies – with regard to (1) the immigration and residence affairs, (2) Maintaining the security and the order throughout the State in order to ensure the security of the citizens, ensure internal stability and confront any risks threatening the community; His Highness the President of the State – May God Bless Him – carried out this power in all the life accepts, starting with the correct implementation and execution of the laws and ending with the achievement of justice to preserve the safety and security of the community. All the constitutional authorities and the members of the community confirmed and supported this matter which became an established constitutional custom known to all and a duty to respect adhered to by all authorities entrusted by the Constitution to implement the laws, including the Judiciary, which shall render its rulings free of any violation of the law or of any error in the execution or interpretation thereof. Moreover, the President of the State may order the Public Prosecution to appeal the judgement before the Court of Appeal and the Court of Cassation to correct and rectify any error therein, in accordance with the provisions of the Islamic Sharia which granted the Ruler the power to supervise the public affairs of the nation locally and abroad, in order to achieve the interests of the nation as God Almighty revealed to His Messenger – May God Bless Him and Peace be Upon Him. On another hand, the nation shall be committed to hearing and obeying. The writer of the “Laws of Islamic Governance" (Al-Ahkam as-Sultaniyyah) defined the obligations of the Imam as to preserve the religion, provide security and order, establish legal punishments and implement rulings, which can be only achieved by adhering strictly to the provisions of the Islamic Sharia and the instructions of His Highness the President of the State aiming at achieving justice, to ensure the safety and security of the dealings within the framework of trust and dignity. Federal Supreme Court, Case No. 495 dated 10/1/2004 President El Husseini El Kennai and Members Ali Ismail El Damiri and Imam El Badri, Judgements issued by the Federal Supreme Court, Criminal and Sharia Circuits, 2004, P. 32.

[21] By virtue of Article (1) of Federal Decree-Law No. 11 dated 18/09/2017 (published in the Official Gazette, Issue No. 522, Annex, p. 15), the Council of Ministers was entrusted with the following powers: Article (1) of Federal Decree-Law No. 11/2017: The Council of Minister shall be entrusted with the following powers: 1- Establish, regulate, merge and cancel centres, councils, offices, institutions and federal administrative agencies, transfer the powers thereof, set the conditions and controls necessary for their work and grant them a legal personality and all related rights. 2- Approve the establishment of councils, centres, offices and institutions to carry out defined activities, set the conditions and controls necessary for their work and grant them a legal personality and all related rights. 3- Approve the establishment of governmental and non-government international organisations, agencies, councils and centres through the opening of headquarters or branches thereof in the State and set the conditions and controls required for their work in the State. 4- Define and organise the public holidays in both private and public sectors in the State.

[26] Following the amendment of Article (1) of this Constitution and after Ras al-Khaimah joined the State of the United Arab Emirates, the number of seats provided for under Article (68) mentioned here-above was increased by allocating 6 seats for the Emirate of Ras al-Khaimah and the territories annexed thereto by virtue of Decision of the Supreme Federal Council No. 3/1972 dated 10/2/1972 on the Allocation of Six Seats to the Emirate of Ras al-Khaimah, published in the Official Gazette, Issue No. 2, p. 9.

[27] With regard to the cases where a member of the Federal National Council ceases to fulfil any of the conditions provided for under this Article, kindly see Article (14) of Federal Decree No. 97/1977 dated 24/12/1977.

[28] The term of the current National Council shall be extended in order to complete the term by virtue of Article (3) of Constitutional Amendment No. 1/2009 dated 10/2/2009, thus a mention is in order.

[30] In case of dissolution of the Federal National Council, the term of its Chairman and their Deputies shall end by virtue of Article (27) of Federal Decree No. 97/1977 dated 24/12/1977 on the Bylaws of the Federal National Council.

[32] The term “his deputy” has been replaced by “one of his deputies” by virtue of Article (1) of Constitutional Amendment No. 1/2009 dated 10/2/2009, thus a mention is in order.

[33] The term “his deputy” has been replaced by “one of his deputies” by virtue of Article (1) of Constitutional Amendment No. 1/2009 dated 10/2/2009, thus a mention is in order.

[35] With regard to the examination of the constitutionality of the laws and legislation, kindly see Decision of the Federal Supreme Court dated 28/6/1981 on the Examination of the Constitutionality of Articles (61) and (62) of the Code of Civil Procedures in the Emirate of Abu Dhabi.

[38] With regard to the interpretation of the provisions of Article (105) of this Constitution to show the intended meaning of “final” used in Paragraph (2) hereof, kindly see the Decision of the Federal Supreme Court issued on 14/3/1976.

[40] The percentage of the contributions of the Emirates of Abu Dhabi and Dubai from their annual revenues from their oil production in the general budget of the Federation was determined in accordance with Decision of the Federal Supreme Council No. 1/1984 dated 10/6/1984, published in the Directory of the Ministry of Finance and Industry.

[42] Provisions of Former Article (142) before abrogation by virtue of Article (1) of Constitutional Amendment No. 1/1976 dated 6/11/1976: The Member Emirates shall have the right to establish local armed forces ready and able to join the defensive apparatus of the Federation, if need be, to defend the Federation against any external aggression.

[43] The provisions of Paragraph (1) of Article (144) was impliedly abrogated by virtue of Articles (1) and (3) of Constitutional Amendment No. 1/1996 dated 2/12/1996 on the Cancellation of the Term “Provisional” in the Constitution which became the Permanent Constitution of the State, given that the said paragraph provided for the following: “Taking into account the provisions of the following paragraphs, the provisions of this Constitution shall apply for a transitional period of five Gregorian years beginning from the date of its entry into effect in accordance with the provisions of Article (152)”. Before the implicit abrogation of the provisions of Paragraph (1), the said provisions on the effect of the Provisional Institution were repeatedly amended as follows: such effect was extended for another period of five years starting from 2/12/1976 by virtue of Article (1) of Constitutional Amendment No. 2/1976, for another period of five years starting from 2/12/1981 by virtue of Constitutional Amendment No. 1/1981, for the same period starting from 2/12/1986 by virtue of Constitutional Amendment No. 1/1986 and one last time for the same period starting on 2/12/1991 by virtue of Constitutional Amendment No. 1/1991 until the cancellation of the term “Provisional” in the Constitution which became the Permanent Constitution of the State.

[44] The provisions of Paragraph (3) were impliedly abrogated by virtue of Articles (1) and (3) of Constitutional Amendment No. 1/1996 dated 2/12/1996. Said paragraph provided for the following: “During the transitional period, the Supreme Council shall take the necessary measures to prepare a Draft Permanent Constitution to replace this Constitution. The Draft Permanent Constitution shall be submitted to the Federal National Council to discuss it before its promulgation”. Among the measures provided for under the impliedly abrogated Paragraph (3) is Decision No. 2/1975 on the Formation of a Constitutional Committee to be responsible for preparing the Draft Permanent Constitution, which was published later. As a result of these measures, the Permanent Constitution replaced the Provisional Constitution and Paragraph (3) and (4) of Article (144) mentioned here-above were impliedly abrogated.

[45] The provisions of Paragraph (4) were impliedly abrogated by virtue of Articles (1) and (3) of Constitutional Amendment No. 1/1996 dated 2/12/1996, which provided for the following: “The Supreme Council shall call the Federal National Council to hold an extraordinary session no more than six months before the expiry of this Constitution. This session shall deliberate on the Draft Permanent Constitution which shall be promulgated according to the procedures set forth under Paragraph (2) hereof.