How the highest court in the UAE goes about its work

Haneen Dajani explains the workings of the highest judicial authority in the UAE – The Union Supreme Court.

The Union Supreme Court is the highest judicial authority in the UAE.

It has various roles, including: ruling in disputes between emirates, deciding whether new federal laws are constitutional, hearing trials of federal officials, ministers, lawyers and judges, settling disputes between courts, and ruling in cases affecting national security.

The State Security Court is a subdivision of the Supreme Court. At this court there is one trial only – its rulings may not be appealed and are therefore final.

The State Security Court hears two types of cases from across all emirates. Cases involving forgery of official documents (such as passports, currencies, visas or stamps) are referred from the Capital Prosecution.

Cases that threaten national security – such as terrorism offences, sedition, insulting the flag or rulers, taking photos in areas where photography is banned – are referred from the State Security Prosecution.

Another subdivision of the Supreme Court is the Constitutional Court. This looks at two types of cases where constitutional disputes are involved – concerns raised by government bodies (such as the Supreme Federal Council, the FNC, the President etc) and concerns raised by lawyers or individuals (for example in relation to a particular court case).

The Supreme Court also acts as a cassation court for emirates other than Abu Dhabi, RAK and Dubai, which have their own local Cassation Courts. Cassation courts rule on whether the proper legal procedures have been used in trials, and can refer cases back to the Appeals Court if they are not satisfied that they have been.