CONSTITUTION
OF THE
UNITED ARAB EMIRATES.
Constitutional Amendment No. (1) of 1996
The federation supreme council,
After perusing the Federation Temporary Constitution and the approval of the Cabinet, and
Based on what was considered by the Federation Supreme Council and approved by the Cabinet and the Federal National Council and certified by the Federation Supreme Council,
Resolved:
Article One
The word “Temporary” is canceled from the United Arab Emirates Constitution wherever it is.
Article Two
Abu Dhabi City is the Capital of the Federation.
Article Three
Any text or provision contrary to this amendment is canceled.
Article Four
This constitutional amendment shall be applicable as of the date of issuance there of and be published in the official gazette.
Zayed Bin Sultan Al -Nhayan
President of United Arab Emirates
Issued by us at the
Presidential palace in
Abu Dhabi,
On: 22 Rajab 1417 Hijri
Corresponding to: 2 Dec. 1996
CONSTITUTION
OF THE
UNITED ARAB EMIRATES.
INDEX
Preamble
Part One: The Union, its fundamental constituents and aims.
Article 1 - Article 12
Part Two: The Fundamental social and economic basis of the nion.
Article 13 - Article 24
Part Three: Freedom, rights and public duties.
Article 25 - Article 44
Part Four: The Union Authorities.
Article 45
Chapter I: The Supreme Council of the Union.
Article 46 - Article 50
Chapter II: The President of the Union and the Vice President.
Article 51 - Article 54
Chapter III: The Council of Ministers of the Union.
Article 55 - Article 67
Chapter IV: The National Assembly of the Union.
Article 68 - Article 93
Section I: General Provisions.
Article 68 - Article 77
Section II: Organisation of work in the National Assembly of the Union.
Article 78 - Article 88
Section Ill: Powers of the National Assembly of the Union.
Article 89 - Article 93
Chapter V: The Judiciary in the Union and the Emirates.
Article 94 - Article 109
Part Five : Union Legislations and Decrees and the Authorities having jurisdiction therein.
Article 110 - Article 115
Chapter I : Union Laws.
Article 110 - Article 112
Chapter II: Laws issued by Decrees.
Article 113
Chapter III: Ordinary Decrees.
Article 114 - Article 115
Part Six: The Emirates.
Article 116 - Article 119
Part Seven : The Distribution of Legislative, Executive and International Jurisdictions between the Union and the Emirates.
Article 120 - Article 125
Part Eight: The Financial Affairs of the Union.
Article 126 - Article 136
Part Nine: The Armed Forces and the Security Forces.
Article 137 - Article 143
Part Ten: Final and Transitional Provisions.
Article 144 - Article 152
THE PROVISIONAL CONSTITUTION
OF THE UNITED ARAB EMIRATES
We, the Rulers of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm AI Quwain and Fujairah (1):
Whereas it is our desire and the desire of the people of our Emirates to establish a Union between these Emirates, to promote a better life, more enduring 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 which are members of the United Nations Organisation 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, corresponding to the realities and the capacities of the Emirates at the present time, enabling the Union, so far as possible, freely to achieve its goals, sustaining the identity of its members providing that this is not inconsistent with those goals and preparing the people of the Union 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 realisation of the foregoing was our dearest desire, 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 civilised states and nations;
1 - Ras El Khaimah joined the Union on the 10th of February 1972.
For all these reasons and until the preparation of the permanent Constitution for the Union may be completed, we proclaim before the Supreme and Omnipotent Creator, and before all the peoples, our agreement to this provisional Constitution, to which our signatures were appended, which shall be implemented during the transitional period indicated in it ;
May Allah, our Protector and Defender, grant us success.
PART ONE
THE UNION, IT’S FUNDAMENTAL CONSTITUENTS AND AIMS
Article 1
The United Arab Emirates is an independent, sovereign, federal state and is referred to hereafter in this Constitution as the Union. The Union shall consist of the following Emirates:
Abu Dhabi - Dubai - Sharjah - Ajman - Umm AI Quwain - Fujairah - Ras AI - Khaimah. (*1).
Any other independent Arab country may join the Union, provided that the Supreme Council agrees unanimously to this.
(* 1) The original signatories of the Constitution did not include Ras AI
Khaimah, which adhered to the Union on 10 February, 1962. A new paragraph
was added by a Declaration of Constitutional Amendment No. 1 (1972) which
reads as follows:
In the event of the acceptance of a new member joining the Union,
the Supreme Council of the Union shall determine the number of seats which
will be allocated to that member in the National Assembly of the Union, being
in addition to the number stipulated in Article '68 of this Constitution.
Article 2
The Union shall exercise sovereignty in matters assigned to it in accordance with this Constitution over all territory and territorial waters lying within the international boundaries of the member Emirates.
Article 3
The member Emirates shall exercise sovereignty over their own territories and territorial waters in all matters which are not within the jurisdiction of the Union as assigned in this Constitution.
Article 4
The Union may not cede its sovereignty or relinquish any part of its territories or waters.
Article 5
The Union shall have a Flag, an Emblem and a National Anthem. The Flag and the Emblem shall be prescribed by Law. Each Emirate shall retain its own flag for use within its territories.
Article 6
The Union is a part of the Great Arab Nation, to which it is bound by the ties of religion, language, history and common destiny.
The people of the Union are one people, and one part of the Arab Nation.
Article 7
Islam is the official religion of the Union. The Islamic Shari'ah shall be a main source of legislation in the Union. The official language of the Union is Arabic.
Article 8
The citizens of the Union shall have a single nationality which shall be prescribed by law. When abroad, they shall enjoy
the protection of the Union Government in accordance with accepted international principals.
No citizen of the Union may be deprived of his nationality nor may his nationality be withdrawn save in exceptional circumstances which shall be defined by Law.
Article 9
1. The Capital of the Union shall be established in an area allotted to the Union by the Emirates of Abu Dhabi and Dubai on the borders between them and it shall be given the name "AI Karama".
2. There shall be allocated in the Union budget for the first year the amount necessary to cover the expenses of technical studies and planning for the construction of the Capital. However, construction work shall begin as soon as possible and shall be completed in not more than seven years from the date of entry into force of this Constitution.
3. Until the construction of the Union Capital is complete, Abu Dhabi shall be the provisional headquarters of the Union.
Article 10
The aims of the Union shall be the maintenance of its independence and sovereignty. The safeguard of its security and stability. The defence against any aggression upon its existence or the existence of its member states. The protection of the rights and liabilities of the people of the Union. The achievement of close co-operation between the Emirates for their common benefit in realising these aims and in promoting their prosperity and progress in all fields. The provision of a better life for all citizens together with respect by each Emirate for the independence and sovereignty of the other Emirates in their internal affairs within the framework of this Constitution.
Article 11
1. The Emirates of the Union shall form an economic and customs entity. Union 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 Union is guaranteed and may not be restricted except by a Union Law.
3. All taxes, fees, duties and tolls imposed on the movement of goods from one member Emirate to the other shall be abolished.
Article 12
The foreign policy of the Union shall be directed towards support for Arab and Islamic causes and interests and towards the consolidation of the bonds of friendship and co operation with all nations and peoples on the basis of the principles of the charter of the United Nations and ideal international standards.
PART TWO THE FUNDAMENTAL SOCIAL AND ECONOMIC
BASIS OF THE UNION
Article 13
The Union and the member Emirates shall co-operate, within the limits of their jurisdiction and abilities, in executing the provisions of this Part.
Article 14
Equality, social justice, ensuring safety and security and equality of opportunity for all citizens shall be the pillars of the Society . Co-operation and mutual mercy shall be a firm bond between them.
Article 15
The family is the basis of society. It is founded on morality, religion, ethics and patriotism. The law shall guarantee its existence, safeguard and protect it from corruption.
Article 16
Society shall be responsible for protecting childhood and motherhood and shall protect minors and others unable to look after themselves for any reason, such as illness or incapacity or old age or forced unemployment. It shall be responsible for assisting them and enabling them to help themselves for their own benefit and that of the community.
Such matters shall be regulated by welfare and social security legislations.
Article 17
Education shall be 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 Union. The law shall prescribe the necessary plans for the propagation and spread of education at various levels and for the eradication of illiteracy.
Article 18
Private schools may be established by individuals and organisations in accordance with the provisions of the law, provided that such schools shall be subject to the supervision of the competent public authorities and to their directives.
Article 19
Medical care and means of prevention and treatment of diseases and epidemics shall be ensured by the community for all citizens.
The community shall promote the establishment of public and private hospitals, dispensaries and cure - houses.
Article 20
Society shall esteem work as a cornerstone of its development. It shall endeavour to ensure that employment is available for citizens and to train them so that they are prepared for it. It shall furnish the appropriate facilities for that by providing legislations protecting the rights of the employees and the interests of the employers in the light of developing international labour legislations.
Article 21
Private property shall be protected. Conditions relating thereto shall be laid down by Law. No one shall be deprived of his private property except in circumstances dictated by the public benefit in accordance with the provisions of the Law and on payment of a just compensation.
Article 22
Public property shall be inviolable. The protection of public property shall be the duty of every citizen. The Law shall define the cases in which penalties shall be imposed for the contravention of that duty.
Article 23
The natural resources and wealth in each Emirate shall be considered to be the public property of that Emirate. Society shall be responsible for the protection and proper exploitation of such natural resources and wealth for the benefit of the national economy.
Article 24
The basis of the national economy shall be 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, raising the standards of living and the achievement of prosperity for citizens, all within the limits of Law.
The Union shall encourage co-operation and savings.
PART THREE FREEDOM, RIGHTS AND PUBLIC DUTIES
Article 25
All persons are equal before the law, without distinction between citizens of the Union in regard to race, nationality, religious belief or social status.
Article 26
Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law.
No person shall be subjected to torture or to degrading treatment.
Article 27
Crimes and punishments shall be defined by the law. No penalty shall be imposed for any act of commission or omission committed before the relevant law has been promulgated.
Article 28
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 is capable to conduct his defence during the trial. The law shall prescribe the cases in which the presence of a counsel for defence shall be assigned.
Physical and moral abuse of an accused person is prohibited.
Article 29
Freedom of movement and residence shall be guaranteed to citizens within the limits of law.
Article 30
Freedom of opinion and expressing it verbally, in writing or by other means of expression shall be guaranteed within the limits of law.
Article 31
Freedom of communication by post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law.
Article 32
Freedom to exercise religious worship shall be guaranteed in accordance with established customs, provided that it does not conflict with public policy or violate public morals.
Article 33
Freedom of assembly and establishing associations shall be guaranteed within the limits of law.
Article 34
Every citizen shall be free to choose his occupation, trade or profession within the limits of law. Due consideration being given to regulations organising some of such professions and trades. No person may be subjected to forced labour except in exceptional circumstances provided for by the law and in return for compensation.
No person may be enslaved.
Article 35
Public office shall be open to all citizens on a basis of equality of opportunity in accordance with the provisions of law. Public office shall be a national service entrusted to those who hold it. The public servant shall aim, in the execution of his duties, at the public interest alone.
Article 36
Habitations shall be inviolable. They may not be entered without the permission of their inhabitants except in accordance with the provisions of the law and in the circumstances laid down therein.
Article 37
Citizens may not be deported or banished from the Union.
Article 38
Extradition of citizens and of Political refugees is prohibited.
Article 39
General confiscation of property shall be prohibited. Confiscation of an individual's possessions as a penalty may not be inflicted except by a court judgement in the circumstances specified by law.
Article 40
Foreigners shall enjoy, within the Union, the rights and freedom stipulated in international charters which are in force or in treaties and agreements to which the Union is party. They shall be subject to the corresponding obligations.
Article 41
Every person shall have the right to submit complaints to the competent authorities, including the judicial authorities. concerning the abuse or infringement of the rights and freedom stipulated in this Part.
Article 42
Payment of taxes and public charges determined by law is a duty of every citizen.
Article 43
Defence of the Union is a sacred duty of every citizen and military service s an honour for citizens which shall be regulated by law.
Article 44
Respect of the Constitution. laws and orders issued by public authorities in execution thereof, observance of public order and respect of public morality are duties incumbent upon all inhabitants of the Union.
PART FOUR THE UNION AUTHORITIES
Article 45
The Union authorities shall consist of :
1. The Supreme Council of the Union.
2. The President of the Union and his Deputy.
3. The Council of Ministers of the Union.
4. The National Assembly of the Union.
5. The Judiciary of the Union.
CHAPTER 1 - THE SUPREME COUNCIL OF THE UNION
Article 46
The Supreme Council of the Union shall be the highest authority in the Union. It shall consist of the Rulers of all the Emirates composing the Union, or of those who deputise for the Rulers in their Emirates in the event of their absence or if they have been excused from attending.
Each Emirate shall have a single vote in the deliberations of the Council.
Article 47
The Supreme Council of the Union shall exercise the following matters :
1. Formulation of general policy in all matters invested in the Union by this Constitution and consideration of all matters which leads to the achievement of the goals of the Union and the common interest of the member Emirates.
2. Sanction of various Union laws before their promulgation, including the Laws of the Annual General Budget and the Final Accounts.
3. Sanction of decrees relating to matters which by virtue of the provisions of this Constitution are subject to the ratification or agreement of the Supreme Council. Such sanction shall take place before the promulgation of these decrees by the President of the Union.
4. Ratification of treaties and international agreements. Such ratification shall be accomplished by decree.
5. Approval of the appointment of the Chairman of the Council of Ministers of the Union, acceptance of his resignation and his removal from office upon a proposal from the President of the Union.
6. Approval of the appointment of the President and Judges of the Supreme Court of the Union, acceptance of their resignations and their dismissal in the circumstances stipulated by this Constitution. Such acts shall be accomplished by decrees.
7. Supreme Control over the affairs of the Union in general.
8. Any other relevant matters stipulated in this Constitution or in the Union laws.
Article 48
1. The Supreme Council shall lay down its own bye-laws which shall include its procedure for the conduct of business and the procedure for voting on its decisions. The deliberations of the Council shall be secret.
2. The Supreme Council shall establish a general Secretariat which shall consist of an adequate number of officials to assist it in the execution of its duties.
Article 49
Decisions of the Supreme Council on substantive matters shall be by a majority 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 view of the said majority.
But, decisions of the Council on procedural matters shall be by a majority vote. Such matters shall be defined in the bye laws of the Council.
Article 50
Sessions of the Supreme Council shall be held in the Union capital. Sessions may be held in any other place agreed upon beforehand.
Chapter II - THE PRESIDENT OF THE UNION AND HIS DEPUTY
Article 5 1
The Supreme Council of the Union shall elect from among its members a President and a Vice President of the Union. The Vice President of the Union shall exercise all the powers of the President in the event of his absence for any reason.
Article 52
The term of office of the President and the Vice President shall be five Gregorian years. They are eligible for re-election to the same offices.
Each of them shall, on assuming office, take the following oath before the Supreme Council
" I swear by Almighty God that I will be faithful to the United Arab Emirates; that 1 will respect its Constitution and its laws; that I will protect the interests of the people of the Union; that I will discharge my duties faithfully and loyally and that I will safeguard the independence of the Union and its territorial integrity."
Article 53
Upon vacancy of the office of the President or his Deputy for death or resignation, or because either one of them ceases to be Ruler in his Emirate for any reason, the Supreme Council shall be called 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 Chairman of the Council of Ministers of the Union, to elect a new President and Vice President to fill the two vacant offices.
Article 54
The President of the Union shall assume the following powers:
1. Presiding the Supreme Council and directing its discussions.
2. Presiding the Supreme Council into session, and terminating its sessions according to the rules of procedure
upon which the Council shall decide its bye-laws. It is obligatory for him to convene the Council for sessions, whenever one of its members so requested.
3. Calling the Supreme Council and the Council of Ministers into joint session whenever necessity demands.
4. Signing Union laws, decrees and decisions which the Supreme Council has sanctioned and promulgating them.
5. Appointing the Prime Minister, accepting his resignation and relieving him of office with the consent of the Supreme Council. He shall also appoint the Deputy Prime Minister and the Ministers and shall receive their resignations and relieve them of office in accordance with a proposal from the Prime Minister of the Union.
6. Appointing the diplomatic representatives of the Union to foreign states and other senior Union officials both civil and military (with the exception of the President and Judges of the Supreme Court of the Union) and accepting their resignations and dismissing them with the consent of the Council of Ministers of the Union. Such appointments, acceptance of resignations and dismissals shall be accomplished by decrees and in accordance with Union laws.
7. Signing of letters of credence of diplomatic representatives of the Union to foreign states and organisations and accepting the credentials of diplomatic and consular representatives of foreign states to the Union and receiving their letters of credence. He shall similarly sign documents of appointment and credence of representatives.
8. Supervising the implementation of Union laws, decrees and decisions through the Council of Ministers of the Union and the competent Ministers.
9. Representing the Union internally, vis-a-vis other states and 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 Union laws.
11. Conferring decorations and medals of honour, 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 Union laws.
Chapter III - THE COUNCIL OF MINISTERS OF THE UNION
Article 55
The Council of Ministers of the Union shall consist of the Prime Minister, his Deputy and a number of Ministers.
Article 56
Ministers shall be chosen from among citizens of the Union known for their competence and experience.
Article 57
The Prime Minister, his Deputy and the Ministers shall, before assuming the responsibilities of their office. take the following oath before the President of the Union:
"I swear by Almighty God that I will be loyal to the United Arab Emirates; that I will respect its Constitution and laws; that 1 will discharge my duties faithfully; that 1 will completely observe the interests of the people of the Union and that I will completely safeguard the existence of the Union and its territorial integrity."
Article 58
The law shall define the Jurisdiction of the Ministers and the powers of each Minister . The first Council of Ministers of the Union shall be composed of the following Ministers:
1. Foreign Affairs
2. Interior
3. Defence
4. Finance, Economy and Industry
5. Justice
6. Education
7. Public Health
8. Public Works and Agriculture
9. Communications, Post, Te legraph and Telephones
10. Labour and Social Affairs
11. Information
12. Planning
Article 59
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 shall supervise the co-ordination of work between the various Ministries and in all executive organs of the Union.
The Deputy Prime Minister shall exercise all the powers of the Prime Minister in the event of his absence for any reason.
Article 60
The Council of Ministers, in its capacity as the executive authority of the Union, and under the supreme control of the President of the Union and the Supreme Council. shall be responsible for dealing with all domestic and foreign affairs
which are within the competence of the Union according to this Constitution and Union laws.
The Council of Ministers shall, in particular, assume the following powers:
1. Following up the implementation of the general policy of the Union Government both domestic and foreign.
2. Initiating drafts of Federal Laws and submitting them to the Union National Council before they are raised to the President of the Union for presentation to the Supreme Council for sanction.
3. Drawing up the annual general budget of the Union, and the final accounts.
4. Preparing drafts of decrees and various decisions.
5. Issuing regulations necessary for the implementation of Union laws without amending or suspending such regulations or making any exemption from their execution. Issuing also police regulations and other regulations relating to the organisation of public services and administrations. within the limits of this Constitution and Union laws. A special provision of the law or the Council of Ministers, may charge the competent Union Minister or any other administrative authority to promulgate some of such regulations.
6. Supervising the implementation of Union laws, decrees, decisions and regulations by all the concerned authorities in the Union or in the Emirates.
7. Supervising the execution of judgements rendered by Union Law Courts and the implementation of international treaties and agreements concluded by the Union.
8. Appointment and dismissal of Union employees in accordance with the provisions of the law, provided that their appointment and dismissal do not require the issue of a decree.
9. Controlling the conduct of work in departments and public services of the Union and the conduct and discipline of Union employees in general.
10. Any other authority vested in it by law or by the Supreme Council within the limits of this Constitution.
Article 61
Deliberations of the Council of Ministers shall be secret. Its resolutions shall be passed by a majority of its members. In the event that voting is evenly divided, the side on which the Prime Minister has voted shall prevail. The minority shall abide by the opinion of the majority.
Article 62
While in office, the Prime Minister, his Deputy or any Union Minister, may not practice any professional, commercial or financial occupation or enter into any commercial transactions with the Government of the Union or the Governments of the Emirates, or combine with their office the membership of the board of directors of any financial or commercial company.
Furthermore, they may not combine with their office more than one official post in any of the Emirates and shall relinquish all other local official posts, if any.
Article 63
The members of the Council of Ministers shall aim to serve in their conduct the interests of the Union, the promotion of public welfare and totally renounce personal benefits. They must not exploit their
Article 64
The Prime Minister and the Ministers shall be politically responsible collectively before the President of the Union and the Supreme Council of the Union for the execution of the general policy of the Union both domestic and foreign. Each of them shall be personally responsible to the President of the
Union and the Supreme Council for the activities of his Ministry or office.
The resignation of the Prime Minister, his removal from office, his death, or the vacating of his office for any reason whatsoever shall involve the resignation of the whole Cabinet. The President of the Union may require the Ministers to remain in office temporarily, to carry out immediate administration, until such time as a new Cabinet is formed.
Article 65
At the beginning of every financial year, the Council of Ministers shall submit to the President of the Union for presentation to the Supreme Council, a detailed statement of internal achievements, on the Union's relations with other states and international organisations, together with the recommendations of the Cabinet on the best and most practical means of strengthening the foundations of the Union, consolidating its security and stability, achieving its goals and progress in all fields.
Article 66
1. The Council of Ministers shall draw up its own bye laws including its rules of procedure.
2. The Council of Ministers shall establish a general Secretariat
provided with a number of employees to assist it in the conduct of Its business.
Article 67
The Law shall prescribe the salaries of the Prime Minister, his Deputy and the other Ministers.
Chapter IV - THE NATIONAL ASSEMBLY OF THE UNION
_________________________________________________________
Section 1 - General Provisions.
Article 68
The National Assembly of the Union shall be composed of forty (1) members. Seats shall be distributed to member Emirates as follows: Abu Dhabi 8 seats Dubai 8 seats Sharjah 6 seats Ras AI – Khaimah 6 seats Ajman 4 seats Umm AI – Quwain 4 seats Fujairah 4 seats
Article 69
Each Emirate shall be free to determine the method of selection of the citizens representing it in the Union National Assembly.
Article 70
A member of the Union National Assembly must satisfy the following conditions :
1. Must be a citizen of one of the Emirates of the Union, and permanently resident in the Emirate he represents in the Assembly.
2. Must be not less than twenty-five Gregorian years of age at the time of his selection.
3. Must enjoy civil status. good conduct, reputation and not previously convicted of a dishonourable offence unless he has been rehabilitated in accordance with the law.
3. Must have adequate knowledge of reading and writing.
(1) Decision of the Supreme Council of the Union No. 3, 1972
Article 71
Membership of the Union National Assembly shall be incompatible with any public office in the Union, including Ministerial portfolios.
Article 72
The term of membership in the Union National Assembly shall be two Gregorian years commencing from the date of its first sitting. When this period expires, the Assembly shall be completely renewed for the time remaining until the end of the transitional period as laid down in Article 144 of this Constitution.
Any member who has completed his term may be re elected.
Article 73
Before assuming his duties in the Assembly or its Committees, a member of the Union National Assembly shall take the following oath before the Assembly in public session:
“I swear by Almighty God that I will be loyal to the United Arab Emirates; that I will respect the Constitution and the laws of the Union and that I will discharge my duties in the Assembly and its Committees honestly and truthfully” .
Article 74
If, for any reason, a seat of any member of the Assembly becomes vacant before the end of the term of his membership, a replacement shall be selected within two months of the date on which the vacancy is announced by the Assembly, unless the vacancy occurs during the three months preceding the end of the term of the Assembly.
The new member shall complete the term of membership of his predecessor.
Article 75
Sessions of the Union National Assembly shall be held in the Union capital. Exceptionally, sessions may be held in any other place within the Union on the basis of a decision taken by a majority vote of the members and with the approval of the Council of Ministers.
Article 76
The Assembly shall decide upon the validity of the mandate of its members. It shall also decide upon disqualifying members, if they lose one of the required conditions, by a majority of all its members and on the proposal of five among them. The Assembly shall be competent to accept resignation from membership. The resignation shall be considered as final from the date of its acceptance by the Assembly.
Article 77
A member of the National Assembly of the Union shall represent the whole people of the Union and not merely the Emirate which he represents in the Assembly.
Section 2 - Organisation of work in the Assembly
Article 78
The Assembly shall hold an annual ordinary session lasting not less than six months, commencing on the third week of November each year. It may be called into extraordinary session whenever the need arises. The Assembly may not consider at an extraordinary session any matter other than those for which it has been called into session.
Notwithstanding the preceding paragraph, the President of the Union shall summon the Union National Assembly to convene its first ordinary session within a period not exceeding sixty days from the entry into force of this Constitution. This session shall end at the time appointed by the Supreme Council by decree.
Article 79
The Assembly shall be summoned into session, and its session shall be terminated by decree issued by the President of the Union with the consent of the Council of Ministers of the Union. Any meeting held by the Council without a formal summons, or in a place other than that legally assigned for its meeting in accordance with this Constitution. Shall be invalid and shall have no effect.
Nevertheless, if the Assembly is not called to hold its meeting for its annual ordinary session before the third week of November, the Assembly shall be ipso facto in session on the twenty first of the said month.
Article 80
The President of the Union shall inaugurate the ordinary annual session of the Assembly whereupon he shall deliver a speech reviewing the situation of the country and the important events and affairs which happened during the year and outlining the projects and reforms, the Union Government plans to undertake during the new session. The President of the Union may depute his Vice-President or the Prime Minister to open the session or to deliver the speech.
The National Assembly shall select, from among its members, a committee to draft the reply to the Opening Speech, embodying the Assembly's observations and wishes, and shall submit the reply after approval by the Assembly to the President of the Union for submission to the Supreme Council.
Article 81
Members of the Assembly shall not be censured for any opinions or views expressed in the course of carrying out their duties within the Assembly or its Committees.
Article 82
Except in cases of "flagrant delicate", no penal proceedings may be taken against any member while the
Assembly is in session, without the authorisation of the Assembly. The Assembly must be notified if such proceedings are taken while it is not in session.
Article 83
The President of the Assembly and its other members shall be entitled, from the date of taking the oath before the Assembly, to a remuneration which shall be determined by law, and to travelling expenses from their place of residence to the place in which the Assembly is meeting.
Article 84
The Assembly shall have a Bureau consisting of a President, a First and Second Vice President and two controllers. The Assembly shall select them all from among its members.
The term of office of the President and the two Vice Presidents shall expire when the term of the Assembly expires or when it is dissolved in accordance with the provisions of the second paragraph of Article 88.
The term of office of the controllers shall expire with the choice of new controllers at the opening of the next ordinary annual session. If any post in the Bureau becomes vacant, the Assembly shall elect who shall fill it for the remaining period.
Article 85
The Assembly shall have a Secretary-General who shall be assisted by a number of staff who shall be directly responsible to the Assembly. The Assembly's standing orders shall lay down their conditions of service and their powers.
The Assembly shall lay down its standing orders, issued by decree promulgated by the President of the Union with the consent of the Council of Ministers.
The standing orders shall define the powers of the President of the Assembly, his two Vice Presidents and the Controllers and shall define generally all matters pertaining to
the Assembly, its committees, its members, its Secretariat, its employees, its rules and procedures of discussion and voting in the Assembly and the Committees and other matters within the limits of he provisions of this Constitution.
Article 86
Sessions of the Assembly shall be public. Secret sessions may be held at the request of a representative of the Government, the President of the Assembly or one third of its members.
Article 87
Deliberations of the Assembly 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. If votes are equally divided. the side which the President of the session supports shall prevail.
Article 88
Meetings of the Assembly may be adjourned by a decree promul-gated by the President of the Union with the approval of the Council of Ministers of the Union for a period not exceeding one month, provided that such adjournment is not repeated in one session except with the approval of the Assembly and for once only. The period of adjournment shall not be deemed part of the term of the ordinary session.
The Assembly may also be dissolved by a decree promulgated by the President of the Union with the approval of the Supreme Council of the Union. provided that the decree of dissolution includes a summons to the new Assembly to come into session within sixty days of the date of the decree of dissolution. The Assembly may not be dissolved again for the same reason.
Section 3 - Powers of the National Assembly
Article 89
In so far as this does not conflict with the provisions of Article 110, Union Bills, including financial bills, shall be submitted to the National Assembly of the Union before their submission to the President of the Union for presentation to the Supreme Council for ratification.
The National Assembly shall discuss these bills and may pass them, amend or reject them.
Article 90
The Assembly shall examine during its ordinary. Session the Annual General Budget draft law of the Union and the draft law of the final accounts, in accordance with the provisions in Chapter Eight of this Constitution.
Article 91
The Government shall inform the Union Assembly of international treaties and agreements concluded with other states and the various international organisations, together with appropriate explanations.
Article 92
The Union National Assembly may discuss any general subject pertaining to the affairs of the Union unless the Council of Ministers Informs the Union National Assembly that such discussion is contrary to the highest interests of the Union. The Prime Minister or the Minister concerned shall attend the debates. The Union National Assembly 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 Union National Assembly of its reasons.
Article 93
The Government of the Union shall be represented at sessions of the Union National Assembly by the Prime Minister or his deputy or one member of the Union Cabinet at least. The Prime Minister or his deputy or the competent Minister, shall answer questions put to them by any member of the Assembly requesting explanation of any matters within their jurisdiction, in conformity with the procedures prescribed in the standing orders of the Assembly.
Chapter V - THE JUDICIARY IN THE UNION AND THE
EMIRATES
Article 94
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.
Article 95
The Union shall have a Union Supreme Court and Union Primary Tribunals as explained hereinafter.
Article 96
The Union 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 Union 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 preconditions and qualifications required of them.
Article 97
The President and the Judges of the Union Supreme Court shall not be removed while they administer justice. Their tenure of office shall not be terminated except for one of the following reasons:
1. Death.
2. Resignation.
3. Expiration of term of contract for those who are appointed by fixed term contract or completion of term of secondment.
4. Reaching retirement age.
5. Permanent incapacity to carry the burdens of their duties by reasons of ill health.
6. Disciplinary discharge on the basis of the reasons and proceedings stipulated in the law.
7. Appointment to other offices. with their consent.
Article 98
The President and the Judges of the Union Supreme Court shall, before holding office, swear on oath before the President of the Union and in the presence of the Union Minister of Justice, that they will render justice without fear or favour and that they will be loyal to the Constitution and the laws of the Union.
Article 99
The Union Supreme Court shall have jurisdiction in the following matters:
1. Various disputes between member Emirates in the Union, or between any one Emirate or more and the Union Government, whenever such disputes are submitted to the Court on the request of any of the interested parties.
2. Examination of the constitutionality of Union laws, if they are challenged by one or more of the Emirates on the grounds of violating the Constitution of the Union.
Examination of the constitutionality of legislations promulgated by one of the Emirates, if they are challenged
by one of the Union authorities on the grounds of violation of the Constitution of the Union or of Union laws.
4. 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 a pending case before it. The aforesaid Court shall be bound to accept the ruling of the Union Supreme Court rendered in this connection.
4. Interpretation of the provisions of the Constitution, when so requested by any Union authority or by the Government of any Emirate. Any such interpretation shall be considered binding on all.
5. Trial of Ministers and senior officials of the Union appointed by decree regarding their actions in carrying out their official duties on tile demand of the Supreme Council and in accordance with the relevant law.
6. Crimes directly affecting the interests of the Union, such as crimes relating to its internal or external security, forgery of the official records or seals of any of the Union authorities and counterfeiting of currency.
7. Conflict of jurisdiction between the Union judicial authorities and the 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 thereof shall be regulated by a Union Law.
9. Any other jurisdiction stipulated in this Constitution, or which may be assigned to it by a Union law.
Article 100
The Union Supreme Court shall hold its sittings in the capital of the Union. It may, exceptionally, assemble when necessary in the capital of any one of the Emirates.
Article 101
The judgements of the Union Supreme Court shall be final and binding upon all.
If the Court, in ruling on the constitutionality of laws, legislations and regulations, decides that a Union legislation is inconsistent with the Union Constitution, or that local legislations or regulations under consideration contain provisions which are inconsistent with the Union Constitution or with a Union law, the authority concerned in the Union or in the Emirate, accordingly, shall be obliged to hasten to take the necessary measures to remove or rectify the constitutional inconsistency.
Article 102
The Union shall have one or more Union Primary Tribunals which shall sit in the permanent capital of the Union or in the capitals of some of the Emirates, in order to exercise the judicial powers within the sphere of their jurisdiction in the following cases :
1. Civil, commercial and administrative disputes between the Union
and individuals whether the Union is plaintiff or defendant.
2. Crimes committed within the boundaries of the permanent capital of the Union, with the exception of such matters as are reserved for the Union Supreme Court under Article 99 of this Constitution.
3. Personal status cases, civil and commercial cases and other cases between individuals which shall arise in the permant capital of the Union.
Article 103
The law shall regulate all matters connected with the Union Primary Tribunals in respect of their organisation,
formation, and chambers. Local jurisdiction, procedures to be followed before them, the oath to be sworn by their judges, conditions of service relating to them and the ways of appeal against their judgements.
The law may stipulate that appeals against the judgements of these Tribunals shall be heard before one of the chambers of the Union Supreme Court, in the cases and according to the procedures prescribed therein.
Article 104
The local judicial authorities in each Emirate shall have jurisdiction in all judicial matters not assigned to the Union judicature in accordance with this Constitution.
Article 105
All or part of the jurisdiction assigned to the local judicial authorities in accordance with the preceding Article may be transferred by a Union law issued at the request of the Emirate concerned, to the Primary Union Tribunals.
Circumstances, in which appeals against judgements by the local judicial authorities in penal, civil, commercial and other litigations may be referred to the Union Tribunals, shall be defined by a Union law provided that its decision in such appeals shall be final.
Article 106
The Union shall have a Public Prosecutor who shall be appointed by a Union decree issued with the approval of the Council of Ministers, assisted by a number of members of the Public Prosecutor's office.
The law shall regulate matters relating to the members of the Union Public Prosecutor's Office with respect to their method
of appointment, ranks, promotion, retirement and the qualifications required of them.
Besides, the Union Law of Criminal Procedure and trials shall regulate the power of this body and its procedures and the competence of its assistants from the police and the public security officers.
Article 107
The President of the Union may grant pardon from the execution of any sentence passed by a Union judicature before it is carried out or while it is being served or he may commute such sentence, on the basis of the recommendation of the Union Minister of Justice, after obtaining the approval of a committee formed under the chairmanship of the Minister and consisting of six members selected by the Union Council of Ministers for a term of three years which may be renewed. The members of the committee shall be chosen from citizens of good repute and capability.
Membership of the committee shall be gratis. Its deliberations shall be secret. Its decisions shall be issued by a majority vote.
Article 108
No sentence of death imposed finally by a Union judicial authority shall be carried out until the President of the Union has confirmed the sentence. He may substitute it by an attenuate sentence in accordance with the procedure stipulated in the preceding Article.
Article 109
There shall be no general amnesty for a crime or for specified crimes except by law.
The promulgation of the law of amnesty shall consider such crimes being deemed non avenue, and shall remit the execution of the sentence or the remaining part of it.
PART FIVE UNION LEGISLATIONS AND DECREES AND THE
AUTHORITIES HAVING JURISDICTION THEREIN
Chapter 1 -UNION LAWS
Article 110
1. Union 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 Union National Assembly.
(b) The Council of Ministers shall submit the bill to the president of the Union for his approval and presentation to the Supreme Council for ratification.
(c) The President of the Union shall sign the bill after ratification by the Supreme Council and shall promulgate it.
3. (a) If the Union National Assembly inserts any amendment to the bill and this amendment is not acceptable to the President of the Union or the Supreme Council, or if the Union National Assembly rejects the bill, the President of the Union or the
Supreme Council may refer it back to the National Assembly. If the Union National Assembly introduces an amendment on that occasion which is not acceptable to the President of the Union or the Supreme Council, or if the Union National Assembly decides to reject the bill, the President of the Union 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 Union by the Council of Ministers including the amendments, if any, made to it by the Union National Assembly.
4. Notwithstanding the foregoing, if the situation requires the promulgation of Union laws when the National Assembly is not in session, the Council of Ministers of the Union may issue them through the Supreme Council and the President of the Union, provided that the Union Assembly is notified at its next meeting.
Article 111
Laws shall be published in the Official Gazette of the Union within a maximum of two weeks from the date of their signature and promulgation by the President of the Union after the Supreme Council has ratified them. 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.
Article 112
No laws may be applied except on what occurs as from the date they become in force and no retroactive effect shall result in such laws. The law may, however, stipulate the contrary in matters other than criminal, if necessity so requires.
Chapter 11 - LAWS ISSUED BY DECREES
Article 113
Should necessity arise for urgent promulgation of Union laws between sessions of the Supreme Council, the President of the
Union together with the Council of Ministers may promulgate the necessary laws in the from 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 week at the maximum for assent or rejection. If they are approved, they shall have the force of law and the Union National Assembly 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 that it has decided to sanction their effectiveness during the preceding period, or to settle in some other way the effects arising therefrom.
Chapter 111 - ORDINARY DECREES
Article 114
No decree may be issued unless the Council of Ministers has confirmed it and the President of the Union 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 Union.
Article 115
While the Supreme Council is out of session and if necessity arises, it may authorise the President of the Union and the Council of Ministers collectively to promulgate decrees whose 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 Union Supreme Court.
PART SIX THE EMIRATES
Article 116
The Emirates shall exercise all powers not assigned to the Union by this Constitution. The Emirates shall all participate in the establishment of the Union and shall benefit from its existence, services and protection.
Article 117
The exercise of rule 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.
Article 118
The member Emirates of the Union shall all work for the co-ordination of their legislations in various fields with the intention of unifying 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 service.
Article 119
Union law shall regulate with utmost ease matters pertaining to the execution of judgements. requests for commissions of rogation, serving legal documents and surrender of fugitives between member Emirates of the Union.
PART SEVEN DISTRIBUTION OF LEGISLATIVE, EXECUTIVE AND
INTERNATIONAL JURISDICTIONS BETWEEN THE
UNION AND THE EMIRATES
Article 120
The Union shall have exclusive legislative and executive
Jurisdiction in the following affairs:
1. Foreign affairs.
2. Defence and the Union Armed Forces.
3. Protection of the Union's security against internal or external threat.
4. Matters pertaining to security, order and rule in the permanent capital of the Union.
5. Matters relating to Union officials and Union judiciary.
6. Union finance and Union taxes, duties and fees.
7. Union public loans.
8. Postal, telegraph, telephone and wireless services.
9. Construction, maintenance and improvement of Union roads which the Supreme Council has determined to be trunk roads. The organisation of traffic on such roads.
10. Air Traffic Control and the issue of licences to aircrafts and pilots.
11. Education.
12. Public health and medical services.
13. Currency board and coinage.
14. Measures, standards and weights.
15. Electricity services.
16. Union nationality, passports, residence and immigration.
17. Union properties and all matters relating thereto.
18. Census affairs and statistics relevant to Union purposes.
19. Union Information.
Article 121
Without prejudice to the provisions of the preceding Article. The Union shall have exclusive legislative jurisdiction in the following matters:
Labour 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 cultural, 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 aviation affairs which are not within the executive jurisdiction of the Union, delimitation of territorial waters and regulation of navigation on the high seas.
Article 122
The Emirates shall have jurisdiction in all matters not assigned to the exclusive jurisdiction of the Union in accordance with the provisions of the two preceding Articles.
Article 123
As an exception to paragraph 1 of Article 120 concerning the exclusive jurisdiction of the Union in matters of foreign policy and international relations, the member Emirates of the Union may conclude limited agreements of a local and administrative nature with the neighbouring states or regions,
save that such agreements are not inconsistent with the interests of the Union or with Union laws and provided that the Supreme Council of the Union is informed in advance. If the Council objects to the conclusion of such agreements, it shall be obligatory to suspend the matter until the Union Court has ruled on that objection as early as possible.
The Emirates may retain their membership in the OPEC organisation and the Organisation of Arab Petroleum Exporting Countries or may join them.
Article 124
Before the conclusion of any treaty or international agreement which may affect the status of any one of the Emirates, the competent Union authorities shall consult that Emirate in advance. In the event of a dispute, the matter shall be submitted to the Union Supreme Court for ruling.
Article 125
The Governments of the Emirates shall undertake the appropriate measures to implement the laws promulgated by the Union and the treaties and international agreements concluded by the Union, including the promulgation of the local laws, regulations, decisions and orders necessary for such implementation.
The Union authorities shall supervise the implementation by Emirate's Governments of the Union laws, decisions. treaties, agreements and Union judgements. The competent administrative and judicial authorities in the Emirates should forward to the Union authorities all possible assistance in this connection.
PART EIGHT FINANCIAL AFFAIRS OF THE UNION
Article 126
The general revenues of the Union shall consist of the income from the following resources:
1. Taxes, fees and duties imposed under a Union law in matters within the legislative and executive jurisdiction of the Union.
2. Fees and rates received by the Union in return for services provided.
3. Contribution made by member Emirates of the Union in the Annual Budget of the Union in accordance with the article herein coming after.
4. Union income from its own properties.
Article 127
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.
Article 128
The law shall prescribe the method of preparing the general budget of the Union and the final accounts. The law shall also define the beginning of the financial year.
Article 129
The draft annual budget of the Union, comprising estimates of revenues and expenditure, shall be referred to the Union National Assembly at least two months before the beginning of the financial year, for discussion and submission of comments thereon, before the draft budget is submitted to the
Supreme Council of tile Union, together with those comments, for assent.
Article 130
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 funds may be made by Union decree on the basis of one twelth 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.
Article 131
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.
Article 132
The Union shall allocate in its annual budget a sum from its revenue to be expended on building, and constriction 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. Accomplished by means of and under the supervision of the competent Union bodies with the agreement of authorities of the Emirates concerned. The Union may establish a special fund for this purpose.
Article 133
No Union 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.
Union taxes, duties and fees may not be levied on any person except within the limits of the law and in accordance with its provisions.
Article 134
No public loan may be contracted except by a Union law. No commitment involving the payment of sums from Union Exchequer in a future year or years may be concluded except by means of a Union law.
Article 135
The final accounts of the financial administration of the Union for the completed financial year shall be referred to the Union National Assembly within the four months following the end of the said year, for its comments thereon, before their submission to the Supreme Council for approval, in the light of the Auditor-General's report.
Article 136
An independent Union department headed by an Auditor-General who shall be appointed by decree, shall be established to audit the accounts of the Union and its organs and agencies, and to audit any other accounts assigned to the said department for that purpose in accordance with he law.
The law shall regulate this department and shall define its jurisdiction and the competence of those working therein, and the guarantees to be given to it, its head and the employees working in it in order that hey may carry out their duties in the most efficient manner.
PART NINE ARMED FORCES AND SECURITY FORCES
Article 137
Every attack upon any member Emirates of the Union shall be considered an attack upon all the Emirates and upon the existence of the Union itself, which all Union and local forces will co-operate to repel by all means possible.
Article 138
The Union shall have army, navy and air forces with unified training and command. The Commander in Chief of these forces and the Chief of the General Staff shall be appointed and dismissed by means of a Union decree.
The Union may have A Union Security Forces.
The Union Council of Ministers shall be responsible directly to the President of the Union and the Supreme Council of the Union for the affairs of all these forces.
Article 139
The law shall regulate military service, general or partial mobilisation, the rights and duties of members of the Armed Forces, their disciplinary procedures and similarly the special regulations of the Union Security Forces.
Article 140
The declaration of defensive war shall be declared by a Union decree issued by the President of the Union after its approval by the Supreme Council. Offensive war shall be prohibited in accordance with the provisions of international charters.
Article 141
A Supreme Defence Council shall be set up under the chairmanship of the President of the Union. Among its members shall be the Vice President of the Union, the Chairman of the Council of Ministers of the Union, the Ministers of Foreign Affairs, Defence, Finance, Interior, the Commander in Chief and the Chief of the General Staff. It shall advise and offer views on all matters pertaining to defence maintenance of the peace and security of the Union. Forming of the armed forces, their equipment and development and the determination of their posts and camps.
The Council may invite any military adviser or expert or other persons it wishes to attend its meetings but they shall have no decisive say in its deliberations. All matters pertaining to this Council shall be regulated by means of a law.
Article 142
The member Emirates shall have the right to set up local security forces ready and equipped to join the defensive machinery of the Union to defend, if need arises, the Union against any external aggression.
Article 143
Any Emirate shall have the right to request the assistance of the Armed Forces or the Security Forces of the Union 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 Supreme Council of the Union 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 requesting assistance and the Emirate to whom the forces belong agree.
The President of the Union and the Council of Ministers of the Union 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.
PART TEN FINAL AND TRANSITIONAL PROVISIONS
Article 144
1. Subject to 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 force in accordance with provisions of Article 152.
2. (a) If the Supreme Council considers that the topmost interests of the Union require the amendment of this Constitution, it shall submit
a draft constitutional amendment to the Union National Assembly.
(b) The procedure for approving the constitutional amendment shall be the same as the procedure for approving laws.
(c) The approval of the Union National Assembly for a draft constitutional amendment shall require the agreement of two-thirds of the votes of members present.
The President of the Union shall sign the constitutional amendment in the name of the Supreme Council and as its representative and shall promulgate the amendment.
3. During the transitional period, the Supreme Council shall adopt the necessary measures to prepare a draft permanent Constitution to take the place of this temporary constitution. It shall submit the draft permanent Constitution to the Union National Assembly for debate before promulgating it.
4. The Supreme Council shall call the Union National Assembly into extraordinary session at a time not more than six months before the end of the period of validity of this temporary Constitution. The permanent Constitution shall be presented at this session. It shall be promulgated according to the procedure laid down in paragraph 2 of this Article.
Article 145
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 National Assembly of the Union may not be suspended during that period nor may the immunity of its members be violated.
Article 146
In case of necessity defined by law, Martial law shall be declared by a decree promulgated with the approval of the Supreme Council on the basis of a proposal made by the President of the Union with the consent of the Council of Ministers of the Union. Such decree shall be notified to the Union National Assembly 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.
Article 147
Nothing in the application of this Constitution shall affect treaties or agreements concluded by member Emirates with states or international organisations unless such treaties or agreements are amended or abrogated by agreement between the parties concerned.
Article 148
All matters established by laws, regulations, decrees, orders and decisions in the various member Emirates of the Union 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 organisations 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.
Article 149
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.
Article 150
The Union 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.
Article 151
The provisions of this Constitution shall prevail over the Constitutions of the member Emirates of the Union and the Union 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 Union Supreme Court for its ruling.
Article 152
This Constitution shall take effect from the date to be fixed in a declaration to be issued by the Rulers signatories to this Constitution.
Signed in Dubai on this day the 18th of July, 1971, corresponding to this day the 25th of the month of Jammed Awwal 1391.
(Signatures of the Rulers of Abu Dhabi, Dubai, Sharjah, Ajman, Umm AI Quwain, Fujairah). 1
1. Ras AI Khaimah Joined the Union on the 10th February, 1972
The Name Of Allah , the Gracious, the Merciful
Declaration
On setting the date of execution
of the U.A.E. Temporary Constitution Provisions
We, the rulers of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain and Fujairah Emirates.
After pursuing Article 152 of the U.A.E Temporary Constitution which was signed by us in Dubai on the Twenty- fifth day of Jumada Al-Awal 1391 Hijri , corresponding to the Eighteenth day of July 1971.
Declare as follows:
The U.A.E Temporary Constitution provisions referred to above shall be effective as from the issuance of this declaration.
Issued at Dubai, this Fifteenth day of Shawal 1391 Hijri, corresponding to this Second day of December 1971.
Ruler of Abu Dhabi Emirate Ruler of Dubai Emirate
Ruler of Sharjah Emirate Ruler of Ajman Emirate
Ruler of Umm Al Quwain Emirate Ruler of Fujairah Emirate.
The Name Of Allah , the Gracious, the Merciful
United Arab Emirates
The Federation Supreme Council
Declaration of Constitutional Amendment No. (1) , 1972
The Federation Supreme Council
After perusing the U.A.E Temporary Constitution, and by virtue of the proposal made by the Federation Prime Minister and approved by the Cabinet, resolved:
Article one
The last paragraph shall be added to Article one of the U.A.E Temporary Constitution and shall be read as follows:
“ And upon acceptance of joining new member to the federation, the Federation Supreme Council shall set the number of seats to be allocated to such member in the
Federal National Council in addition to the number provided for in Article 68 of this Constitution ” .
Article Two
This constitutional amendment shall be applicable as from the date of issuance thereof and be published in the official gazette.
Zayed Bin Sultan Al -Nhayan.
U.A.E President
Issued at the Presidential Palace in Abu Dhabi on:
25 Zul Hijjah 1391/H
Corresponding to 10 Feb. 1972 AD
The Name Of Allah , the Gracious, the Merciful
United Arab Emirates
Cabinet Presidency
Explanatory Memorandum
on the amendment of Article one
of the U.A.E Temporary Constitution
The U.A.E Temporary Constitution has authorized in Article one thereof any independent Arab country to join the federation whenever the same is unanimously approved by the Federation Supreme Council.
Whereas the acceptance of joining new member to the federation requires allocation of a number of seats to such member joining the Federal National Council provided for the formation thereof in Article 68 of the Temporary Constitution.
The matter requires, to face the cases of joining the federation membership, to amend the provision of Article one of the Constitution by adding last paragraph to article one which provides for as follows:
“ And upon acceptance of joining new member to the federation, the Federation Supreme Council shall set the number of seats to be allocated to such member in the Federal National Council in addition to the number provided for in Article 68 of this Constitution ”.
This amendment shall be made according to the provisions of paragraph (2) of Article (144) of the Constitution, as this amendment is required by the federation top interests.
Maktoum Bin Rashid Al -Maktoum
Federation Prime Minister
The Name Of Allah , the Gracious, the Merciful
Emirate of Ras Al -Khaimah
Document of Joining the United Arab Emirates
We , Saqr Bin Mohammed Al Qasimi , Ruler of Ras Al- Khaimah and its independencies .
We have persued the U.A.E Temporary Constitution and considered the provisions, goals and aims of the federation.
The achievement of unification among the Arab Emirates was the dearest wishes and the greatest trend of our determination caring to uplift our country and its people. And if some circumstances has hindered our participation in signing the Temporary Constitution and declaring the commencement of execution of the provisions thereof , and as our will and the will of our Emirate’s people have met to join the United Arab Emirates based on our belief in the goals and the aims of the federation , we declare before Allah , the Almighty, the creator , and before all the people that our Emirate accepts to join the
United Arab Emirates and to approve its Temporary Constitution signed by the rulers of Abu Dhabi , Dubai , Sharjah , Ajman , Umm-AlQuwain , and Fujairah Emirates on the Twenty- fifth day of Jumada Al Al-Awal 1391 Hijri corresponding to the Eighteenth day of July 1971 and to adhere to act according to the provisions thereof.
May ALLAH grants success, ALLAH is the supporter and the sponsor
Ruler of Ras-Al Khaimah Emirate and its independencies
Saqr Bin Mohammed Al Qasimi
issued at Ras Al Khaima Emirate on: 25 Zul Hijjah 1391 H corresponding to 10th Feb. 1972
The Name Of Allah , the Gracious, the Merciful
United Arab Emirates
Federation Supreme Council
The Federation Supreme Council Resolution
No. (2) of 1972
The Federation Supreme Council
After perusing the provisions of article one of the U.A.E Temporary Constitution and the letter of H.H. the Ruler of Ras- Al Khaimah and its independencies no. A.KH.225/71 dated 23/12/1972, in which he declared the will of the Emirate to join the United Arab Emirates,
And in response to the national wishes that the Emirate joins the federation to take part in achieving its goals.
Resolved:
Article one
The Federation Supreme Council has unanimously approved the joining of Ras Al-Khaimah Emirate and its independancies to the United Arab Emirates.
Article Two
The U.A.E president shall inform this resolution to H.H. the Ruler of Ras Al-Khaimah Emirate and its independencies.
Article Three
This resolution shall be applicable as of the date of issuance thereof and the Minister of Foreign Affairs has to take the measures to inform the Arab and world countries and organizations of the same.
Article Four
This resolution is to be published in the official gazette.
Zayed Bin Sultan Al Nhayan
President of United Arab Emirates
Rashid Bin Saeed Al Maktoum
Vice-president of United Arab Emirates
Sultan Bin Mohamed Al Qasimi
Ruler of Sharjah Emirate
Humaid Bin Rashid Al Nuaimi
for/ Ruler of Ajman Emirate
Rashid Bin Ahmed Al Mualla
for/ ruler of Umm-Al Quwain Emirate
Mohammed Bin Hamad Al Sharqi
Ruler of Fujairah Emirate
Issued at the Presidential Palace in Abu Dhabi on: 25 Zul Hijjah 1391 H Corresponding to 10 Feb. 1972
In the Name Of Allah , the Gracious, the Merciful United Arab Emirates The Federation Supreme Council
The Federation Supreme Council
Resolution No. (3) of 1972
Federation Supreme Council,
After perusing the provisions of Articles 1 and 68 of the U.A.E Temporary Constitution, and the Federation Supreme Council Resolution No. (2) of 1972 approving Ras Al-Khaimah Emirate and its independancies to join the United Arab Emirates:
Resolved:
Article One
The Federal National Council seats provided for in Article 68 of the U.A.E Temporary Constitution shall increase six seats and to be allocated to the Emirate of Ras Al-Khaima and its independencies.
Article Two
H.H. the President of the United Arab Emirates shall inform this resolution to H.H. the ruler of Ras Al -Khaima Emirate and its independencies to select the citizens who will represent the Emirate in the Federal National Council.
Article Three
This resolution shall be applicable as of the date of its issuance and be published in the official gazette.
Zayed Bin Sultan Al Nhayan
President of United Arab Emirates
Rashid Bin Saeed Al Maktoum
Vice president of United Arab Emirates
Sultan Bin Mohammed Al Qasimi
Ruler of Sharjah Emirate
Humaid Bin Rashid Al Nuaimi
for/ Ruler of Ajman Emirate
Rashid Bin Ahmed Al Mualla
for / Ruler of Umm Al Quwain Emirate
Mohammed Bin Hamad Al Sharqi
ruler of Fujairah Emirate
Issued at the Presidential Palace in Abu Dhabi on: 25 Zul Hijjah 1391 H corresponding to 10 Feb. 1972
Constitutional Amendment No. (1) of 1976
The Federation Supreme Council,
After perusing the U.A.E Temporary Constitution which has been applicable since the Fifteenth day of Shawwal 1391 Hijri, corresponding to the Second day of December 1971, and the Defence Supreme Council Resolution No. (1) of 1976 on the unification of the UAE armed forces, and to achieve the country’s top interests.
Resolved:
Article One
The provision of article (142) of the UAE Temporary Constitution is revoked to be that the country shall have the sole right to establish land, sea and air armed forces.
Article Two
This constitutional amendment shall be applicable as from the date of issuance thereof and published in the official gazette.
Zayed Bin Sultan Al Nhayan
President of United Arab Emirates,
Ruler of Abu Dhabi Emirate
Rashid Bin Saeed Al Maktoum
Vice President of UAE, Ruler of Dubai
Sultan Bin Mohammed Al Qasimi
Ruler of Sharjah Emirate
Saqr Bin Mohammed Al Qasimi
Ruler of Ras Al -Khaima Emirate
Rashid Bin Humaid Al Nuaimi
Ruler of Ajman Emirate
Hamad Bin Mohd Al Sharqi
Ruler of Fujairah Emirate
Ahmed Bin Rashid Al Mualla
ruler of Umm Al Quwain
Issued at the Presidential Palace in Abu Dhabi, on 7 Zul Hijjah 1396 Hijri Corresponding to 28th Nov. 1976
Constitutional Amendment
No. (2) of 1976
The Federation Supreme Council,
After perusing the provisions of Article No. (144) of the UAE Temporary Constitution and based on the proposal made by the Prime Minister and approved by the Federal National Council,
Resolved:
Article One
The transitional term provided for in the first paragraph of Article No. (144) of the UAE Temporary Constitution is extended for another five years commencing from the Second day of December 1976.
Article Two
This constitutional amendment shall be applicable as of the date of issuance thereof and be published in the official gazette.
Zayed Bin Sultan Al Nhayan President of United Arab Emirates Abu Dhabi.
Issued at the Presidential Palace in On: 7th Zul Hijjah 1396 Hijri Corresponding to 28th Nov., 1976
The Federation Supreme Council Resolution No. (2) of 1981 on the constitutional amendment No. (1) of 1981 regarding
extension of the term applicable to the provisions of the Temporary Constitution.
The Federation Supreme Council,
After pursuing Article No. (144) of the UAE Temporary Constitution and,
The constitutional amendment No.(2) of 1976 regarding the extension of the transitional term during which the provisions of this constitution shall be applicable for five years commencing from the Second day of December 1976, and based on what was considered by the Federation Supreme Council and approved by the Federal National Council,
Resolved:
Article One
The transitional term provided for in Article No.(144) of the UAE Temporary Constitution is extended for another five years commencing from the Second day of December 1981.
Article Two
This amendment is to be published in the official gazette.
Zayed Bin Sultan Al Nhayan President of United Arab Emirates
Issued at the Presidential Palace in Abu Dhabi on: 10 Muharram 1402 Hijri Corresponding to: 7th Nov. 1981
The Federation Supreme Council Resolution No. (1) of 1986 on constitutional amendment to extend the term applicable to the provisions of the Temporary
Constitution
The Federation Supreme Council,
After perusing Article No.(144) of the UAE Temporary Constitution , and the constitutional amendment No.(1) of 1981 on the extension of the transitional term during which the provisions of this constitution shall be applicable for five years commencing from the Second day of December 1981, and Based on what was proposed by the Cabinet and approved by the Federation Supreme Council,
Resolved:
Article One
The transitional term provided for in Article No.(144) of the UAE Temporary Constitution is extended for another five years commencing from the Second day of December 1986.
Article Two
This resolution is to be published in the official gazette.
Zayed Bin Sultan Al-Nhayan President of United Arab Emirates
Issued at ALDIYAFA Palace in Abu Dhabi On: 11th Safar 1407 Hijri Corresponding to: 15th Oct. 1986
The Federation Supreme Council Resolution No. (1) of 1991 on constitutional amendment No. (1) of 1991 about the extension of the term applicable to the provisions of the
Temporary Constitution.
The Federation Supreme Council,
After perusing Article No.(144) of the UAE Temporary Constitution, and the constitutional amendment No. (1) of 1986 about the extension of the transitional term during which the provisions of this constitution for five calendar years commencing from the Second day of December 1986, and based on what was considered by the federation supreme council,
Resolved:
Article One
The transitional term provided for in article No. (144) of the UAE Temporary Constitution is extended for another five calendar years commencing from the second day of December 1991.
Article Two
This resolution is to be published in the official gazette.
Zayed Bin Sultan Al -Nhayan
President of United Arab Emirates
Issued at AL-Mushref Palace
in Abu Dhabi
On: 21 Rabei’ Thani 1412 Hijri
Corresponding to: 28 Oct. 1991
STANDING ORDERS
OF
THE FEDERAL NATIONAL COUNCIL
STANDING ORDER
OF
THE FEDERAL NATIONAL COUNCIL
SECTION ONE - COUNCIL ORGANIZATION
FIRST CHAPTER
THE COUNCIL FORMATION & MEMBERSHIP PROVISIONS
Article (1)
The UAE Federal National Council consists of forty members selected from the Emirates members as per the following:
Abu Dhabi Eight Members
Dubai Eight Members
Sharjah Six Members
Ras Al -Khaimah Six Members
Ajman Four Members
Umm Al -Quwain Four Members
Fujairah Four Members
The Council member represents the federation people and not the people of the Emirate by which he selected.
Article (2)
Subject to the provisions of the following article, each of the Emirates members of the federation shall have the right of specifying the way of selecting the required number of members in the Council.
Article (3)
A Council member shall be:
1- A citizen of the member Emirate of the federation permanently residing in the Emirate by which he is selected.
2- At the age of not less than twenty-five when he is selected.
3- Civilly competent, of good conduct and reputation, and not punished by a dishonor crime unless being rehabilitated according to the law.
4- Having a sufficient Arabic Language speaking and reading.
Article (4)
While being a Council member, a member shall not combine between the membership and any of the public jobs in the federation government including the ministerial posts.
Article (5)
A Council member combining between membership and holding any of the public jobs in the federal government shall choose one of them within the fifteen days following that combination, otherwise he shall be considered as if selecting the latest one. Membership shall not be considered existing unless being proved as true.
The member, during the period prior to his selection, shall not be merited but only the salary or the gratuity for the job being selected to.
Article (6)
The Council membership period shall be two calendar years commencing from the date of its first meeting.
Selection for the remaining period upto the end of the transfer period quoted in the Article (144) of the UAE Temporary Constitution according to the Second Article of this Standing Order.
Re-selection may be made to those whose Council membership period expires.
Article (7)
A Council member and in an open session shall, in front of the Council, and before commencing his duties therein, make the following oath:
“ I do swear by Allah, the Almighty, to be loyal to the UAE, to honor the Federation Constitution and its rules, and to perform my duties in the Council and its committees honestly and truly.”
Article (8)
The Council shall hold its sessions in the capital of the Federation.
Excepted from the provisions of the foregoing article, the Council may hold its sessions in any other place inside the federation upon a resolution taken in the majority of all its members, and after being approved by the Cabinet.
Article (9)
Contestation to the member’s true mandate shall be submitted to the chairman within a period not exceeding thirty days from the date in which the contested member makes his constitutional oath.
The Council shall resolve the correct mandate of its members, and that mandate can not be nullified unless by the approval of the majority of members consisting the Council.
Article (10)
The Council Chairman refers the contestation requests regarding the mandate correctness soon they reach to the contestations resolution committee and the Council shall be informed about that in the first next session.
Article (11)
The Committee sends a copy of the contestation to the member against whom his membership has been contested in order to be able to present his defense in writing or verbally in the date specified to and he shall peruse the submitted documents.
Article (12)
The Committee may resolve summoning the contestation applicant and the one whose membership correctness is being contested as well as the witnesses and it may request the government make any papers available to go through, and to take anything found necessary leading to the reality.
Witnesses calling for shall be viding a letter from the chairman upon a request from the committee.
Article (13)
The Committee presents its report to the Council within a period not exceeding one month from the date of referring the contestation to.
The Council shall resolve in the committee report without having the contested member being present within a month from the date of putting the report forth, and if the Council nullifies the member selection, the chairman shall announce that and he shall take every necessary action as provided in the Article Sixteen of this Standing Order.
Article (14)
If a Council member loses one of the provisions quoted in the Article (70) of the Temporary Constitution, then the chairman shall refer the matter to the Legal and Legislative Committee to discuss, and such committee shall call for the member in order to her his wordings, if possible, and to submit its report within two weeks from being referred to.
The report shall be brought before the Council in the first next session, and the member shall be able of making his own defense in front of the Council, and the Council may issue the decision regarding the same matter in the absence of the member and in a period not exceeding two weeks from bringing the report before it.
Membership disclaim shall not be made unless upon a proposal of five members and the approval of all the Council members.
Voting shall be made by calling and the Council may make voting secretly.
Article (15)
The Council shall be competent for the acceptance of membership resignation and such resignation shall be submitted in writing to the chairman, but shall not be brought before the Council at least one month after being submitted unless such resignation is submitted because of the member’s acceptance of any of the federal public jobs according to the Article Five hereof.
The member may take his resignation back before the issuance of a resolution from the Council regarding its acceptance. Resignation shall be considered final from the date of the Council’s acceptance of the same.
Article (16)
If a member’s place is vacated for any reason before the expire of membership period , the chairman shall announce that. And he shall , maximum within a week , inform the Ruler of the Emirate to which the place vacated belongs in order to select another member within two months from the date of the Council’s announcement of such vacation unless such vacation occurs during the three months preceding the end of the Council term.
The new member completes the membership period of his predecessor.
SECOND CHAPTER
MEMBERS PARLIAMENTARY IMMUNITIES & THEIR DUTIES
Article (17)
The Council member shall be free in expressing whatever kind of thoughts, ideas and opinions while performing his duty inside the Council or its committees and shall not be blamed for that in whatsoever circumstances.
Article (18)
While the Council is holding its sessions and in no case, except in the event the member is being in flagrant delicto , shall the member be put under any investigation procedures , inspection , capture , imprisonment or any other criminal action without a permission from the Council itself , and in the flagrant delicto cases the Council shall be informed about all the criminal actions or procedures taken or made while holding its session.
The Council shall be notified in its first meeting of any action taken in its absence against any of its members, and that for any continuity of such action the Council shall permit the same.
In all circumstances, if the Council does not issue its decision regarding the permission request within a month from being brought before such shall be considered the permission itself.
Article (19)
Permission to raise the parliamentary immunity from the member shall be submitted to the chairman from the Minister of Justice or from whoever is desirous of filing his lawsuit against such member to the criminal courts.
Enclosed with the request shall be the papers of the case for which criminal actions shall be taken, or an official photocopy of the pleading with the supporting documents if such request or application is submitted individually.
The chairman shall refer the said applications to the Legal and Legislative Committee to go through peruses and presents its report to the Council.
Perusing such applications before the Committee or the Council shall be by means of hastiness.
Article (20)
The Council, by the majority of all its members may allow taking the criminal actions against such member when it becomes clear to the Council the seriousness of the application from the documents and papers submitted to.
Article (21)
A member who fails to show up or to attend one of the Council sessions shall inform the chairman about the reason of his nonattendance. If he is compelled to be non-present for more than one month he shall ask permission from the chairman.
A member can not ask for an unlimited - period vacation.
And he shall not be able to leave the session completely before being normally expired unless vide a permit from the chairman.
Article (22)
The member shall abide by attending the Council sessions, and if he does not attend a session without an acceptable excuse then the chairman may draw his attention to in writing.
If his non-presence is repeated for three consecutive sessions or five non-consecutive sessions in one term without an acceptable excuse, the chairman may bring his matter before the Council.
The Council may deliver a final warning to him for nonattendance or decide by the majority of the members forming the Council to consider him resigned.
Article (23)
The member shall abide by attending all the sessions of the committees in which he is a participant. If he fails to attend the committee sessions without an acceptable excuse, then the chairman shall draw his attention to that in writing.
If nonattendance is repeated for three consecutive times or for five un-consecutive times, then the chairman may bring his matter before the Council in order to consider taking the actions quoted in the preceding article.
Article (24)
The member shall not interfere in the work of any of the judicial or executive powers.
THIRD CHAPTER
COUNCIL CHAIRMANSHIP
Article (25)
In its first session the Council shall elect a chairman, a first and a second deputies from among its members, and election shall be, in all circumstances, made secretly and with the absolute majority of those present. If such majority has not in the first time been achieved then re-election shall be made between the two winning most of the votes, and if another wins similar number of votes he shall participate with them in the election for the second time. In this case election shall be by the proportional majority, and if more than one person win equal proportional majority then selection among them shall be made by lot.
The first session shall be headed by the oldest member in age till the chairman is elected.
Article (26)
In the event of the Council’s chairman or any of his deputies vacation for any reason whatsoever, the Council shall select in the same way mentioned in the preceding article whoever may occupy his position within three weeks from the date of vacation if the Council is in session. If vacation occurs during the Council’s holiday then selection shall be made in the first week of its meeting.
Article (27)
Each of the chairman and his two deputies term shall expire on the Council’s period termination or if being dissolved according to the Second paragraph of Article (88) of the Temporary Constitution.
Article (28)
The chairman shall represent the Council while communicating with other authorities, shall speak in its name, supervise all its works, control its office board and committees, and shall also supervise the Council’s General Secretariat, as well as observing the application of the Constitution provisions and the execution of the articles of this Standing Order.
The Council shall take charge, in particular, of the following matters:
1- Maintaining order inside the Council and its guards shall be following its regulations and orders. The chairman may seek the policemen assistance if and when necessary.
2- Heading the Council sessions, giving permits to commence talking organizing the discussion, taking votes, and announcing what the Council issues of resolutions.
3- Preparing the Council’s budget, its closing account, and bringing the same before the Council office board to peruse and then to be resolved by the Council.
4- Signing contracts in the name of the Council.
5- Practicing the powers entitled to the Minister by law as regards of the Council employees and officers, and as regards its budget other than that of the Council and its office board competencies.
6- Preparing a system for the attendance of the Council sessions visitors, and he shall be capable of demanding the visitor leave the session the later talks while holding the session or if expresses admiration or disapproval in any means whatsoever, as well as taking the legal actions against him if such is necessary.
Article (29)
If the chairman is absent or has made what may be considered an obstacle the post of chairmanship shall be held by his first deputy, and if the latter is also absent or has made what may be considered an obstacle, the chairmanship shall be held by his second deputy. If all these people are absent or have made what may be considered an obstacle, then chairmanship shall be held by the oldest member in age.
Upon his absence, the chairman may empower or authorize his first deputy in all his other powers or part of them, if not also absent, then his second deputy if the first is absent.
Deputy chairman shall occupy the post of the chairman in all his powers and competencies if his absence continues for more than four continuous weeks.
FOURTH CHAPTER
CHAIRMAN OFFICE
Article (30)
The chairman office board shall consist of the chairman, his two deputies, and two controllers.
Article (31)
The Council shall elect its office board or complete their number, when missing , according to the Constitution at the end of the ordinary annual opening session . Therefore, the Council may elect the chairman before commencing these rituals, and no discussion of the matters listed on its agenda unless and before the election of the office board.
Article (32)
Nominations to the membership of office board shall be presented to the chairman who shall announce this to the Council and election then shall be made by way of the secret voting in accordance with the conditions explained in the article (25) herein.
Article (33)
Only the candidates names shall be listed in the election paper, otherwise election of other than the candidate shall be considered void and election except that shall just be considered true and correct.
If number of true names mentioned in the election paper exceeds the number required to be elected then the whole paper shall be void.
Election shall be considered untrue if an error occurs in the candidate name causing any ambiguity in determining his personality, and upon dispute the Council shall decide.
Article (34)
Abstain from voting shall be represent as absence from attending the session, therefore votes of those abstain and shall not be dealt with when accounting for the majority provided that the number of votes given shall not be less than the quorum necessary for the correctness of the Council session.
The prior decision shall be valid in regards of the incorrect voting papers.
Article (35)
Controller’s term expires in the sections of new ones at the beginning of the next annual cycle, and if anyone of them vacates, the Council shall select the one who will be instead of him for the rest period. Election, in all circumstances, shall be by absolute majority of those present.
Article (36)
The Council’s Office Board shall competent for the following matters:
1- Determining all that transferred by the Council of objections on the content of sessions minutes, casting the lot, sorting the votes, and other matters which may be brought up during the Council sessions.
2- Looking into the Council annual budget project and its closing account draft upon a reference from the chairman before being brought up before the Council to be determined.
3- Selecting the delegations upon the nomination of the chairman in order to represent the Council inside or outside the country, and bringing up this selection before the Council to decide in. These delegations shall bring the reports prepared for their mission before the office board prior to being set forth to the Council.
4- Practicing all the Council administrative competencies upon the chairman request - while sessions are being held temporarily till the Council’s meeting.
5- Following up the execution of recommendations issued by the Council and submitting the report in their regards to the Council.
6- Suggesting the regulations related to the Council member affairs.
7- Other matters which are the competence of the office board according to the Constitution provisions and this Standing Order, as well as the matters about which the chairman finds necessary to take the opinion of the office board.
Article (37)
The two controllers shall supervise the matters related to the Council’s duties and meetings, execute the chairman’s orders in order to keep the discipline in the session, monitor the members presence and absence, and other matters which the chairman entrusts them to perform.
FIFTH CHAP TER
COMMITTEES
Article (38)
During the first week of its annual meeting Council shall form the committees necessary for its works. Such committees may undertake their authorities during the Council vacation in order to being them up before the Council upon its meeting.
The Council shall- in each cycle - upon a suggestion from the office board keep decide keeping the form of the committees as they are or make whatever amendments found suitable.
Article (39)
The Council shall form the following permanent committees:
1- Internal Affairs and Defense Committee, and its member’s number are [7].
2- Financial, Economic and Industrial Affairs Committee, and its member’s number are [7].
3- Legislative and Legal Affairs Committee, and its member’s number are [7].
4- Education, Youth, Information and Culture Affairs Committee, and its member’s number are [7].
5- Health, Labor and Social Affairs Committee and its member’s number are [7].
6- Foreign Affairs, Planning, Petrol and Mineral Wealth, Agriculture and Fisheries Affairs Committee, and its member’s number are [7].
7- Islamic Affairs, Awqaf and Public Utilities Committee, and its member’s number are [7].
8- Contestations and Complaints Investigation Committee, and its member’s number are [7].
When more than one subject is dealt by more than one committee, the Council then shall decide which is in priority to consider or to transfer to a joint committee including more than one committee according to the provisions of this Standing Order or as found suitable by the Council of any private provisions.
Article (40)
The Council may form other permanent or temporary committees as per the work necessity and shall put whatever special provisions in their regard and necessary for them.
Article (41)
The Council shall elect the committee’s members by proportional majority and that each of the Council members shall participate in at least one committee. No member shall participate in more than two permanent committees and that the Council office board shall not be considered a committee in applying this provision.
Article (42)
Each committee elects from among its members a chief, reporter and shall have a Council officers secretary, and in the case of the chief absence the reporter shall take charge of his powers, and if both of them are absent, the oldest member in age present takes their place, while the chairman shall undertake
calling the committees for the meeting until their chiefs are elected.
Article (43)
The reporter shall read the committee report inside the Council and follow its discussion, and committee may select for a specific subject another reporter from among its members to work with the permanent one or individually in this very specific subject.
The committee may seek assistance in its works from one or more of the Council experts or officers, and may request by means of the chairman the help of one or more of the government experts or officers. Neither of these shall participate in voting.
Article (44)
The committee’s sessions shall be confidential and shall be held in the presence of the absolute majority of their members. Session minutes shall be made in which all discussions and resolutions shall be written and such shall be signed by the committee chief and reporter.
Each of the Council members shall attend the committees sessions in which that member is not a participant provided getting the approval of the committee on that, and therefore he shall have the right of participating in the discussion but not the voting.
Article (45)
The Council committees may by means of the chairman request from all the ministries, public interests, authorities, and public firms all details, information and documents which are found necessary to study a certain subject brought before them and that such authorities shall present these documents and
information required in order to help the committee take knowledge before putting its report in due time.
Article (46)
Projects and papers shall be distributed among the committee’s members at least three days before the committee session is being held, and such period shall be decreased in the event of hastening to twenty-four hours.
Article (47)
The Ministers shall be entitled to attend the committee’s sessions upon the consideration of a certain subject related to their ministries and may bring with them one or more of their top specialized officers or experts. The Minister shall not have a vote nor whoever accompanied with him in the committee deliberations but their opinions shall be fixed in the report.
The committees may request, by means of the chairman, the attendance of the competent Minister to discuss the matter brought up before it and such Minister may accompany one or more of his specialized officers or experts or deputize whoever of them and neither the Minister nor anyone accompanied with him shall have a vote in the committee deliberations but their opinions shall be fixed in the report.
Article (48)
Committees shall hold their meeting upon an invitation from their chief or upon an invitation by the chairman, and shall be convened for meeting if requested by the majority of their members.
Committee invitation shall be made twenty-four hours at least before being held and session agenda shall also be send to the members.
Article (49)
The Council sessions deferment shall not hinder the committees holing their meetings to perform whatever works
such committees have, and the chairman may invite such committees among the session holding if found necessary or upon a demand from the government of the chief of the committee.
Article (50)
Committees sharing the discussion of one subject may hold a joint meeting among them by the consent of the chairman. And in this case, the committee chief and reporter shall be the oldest chief and reporter in age.
To consider the joint meeting correct, the majority members of each committee separately shall be present and so resolutions shall be made in the approval of the majority of the members present.
Article (51)
The committee shall submit to the chairman a report on each subject referred to summarizing its work and showing its recommendations within three weeks from the date of referring such subject to the same committee. If delay from its due time in submitting the report is repeated, the Council may grant a new appointment or refer the same subject to another committee. The Council may determine arriving at a resolution in the subject directly without waiting the committee report.
Article (52)
The committee report shall include the project originally suggested and the project resolved by the committee and the reasons on which it has built up its opinion. It shall also include the opinion of the minority as well.
Committee’s reports shall be distributed among the Council members with the agenda.
Article (53)
On the commencement of each cycle the committees shall itself take up again the existing laws in hand without any need for a new reference.
SECTION TWO - SESSIONS
FIRST CHAPTER
COUNCIL MEETING
Article (54)
The Council shall have one annual ordinary session cycle not less than six months commencing in the third week of November every year.
Article (55)
The Council shall hold its ordinary session cycle upon a call issued by a decree from H.H. the President of the Federation and the consent of the Cabinet. If the Council is not convened to hold its ordinary annual session cycle before the third week of November, it shall be held by itself on the twenty-first day morning of the same month, and if such day corresponds to an official holiday, the Council meets in the next day morning following such holiday.
Article (56)
The Council shall be convened for an extraordinary meeting by a decree from the President of the Federation if and when necessary. The Council shall not consider any matters other than those convened to while being it its extraordinary session.
Article (57)
A decree from the President of the Federation may be issued in regards of adjourning the ordinary and extraordinary session cycles.
Article (58)
Each meeting held by the Council in other than the exact place and time decided for its session shall be considered null and void and all resolutions taken therein shall also be null and void.
Article (59)
By a decree issued from the President of the Federation and the consent of the Cabinet, the Council meetings may be deferred for a period not exceeding one month. Deferment in a session cycle shall be valid only by the consent of the Council and for one time. Deferment period shall not be calculated within the Council ordinary session duration.
Article (60)
The invitation decree shall be read in the first session as well as any other existed decrees or orders regarding the formation of the Cabinet or its amendment.
Then the Council members make the constitutional oath unless previously made in the legislative section.
Article (61)
The Council holds an ordinary session on Tuesday and Wednesday every two weeks unless the Council resolves otherwise or if there are no works require such meeting.
Article (62)
The chairman shall prepare the sessions agenda and shall announce that to the members and shall also inform the General Secretariat of the Cabinet three days prior to the session holding.
The chairman may convene the Council to a meeting before its ordinary time if found necessary. And he shall invite the Council if the government requires so or if at least twenty of its members request the same. The subject required to be brought forward shall be specified in the invitation.
Article (63)
The Council sessions shall be public, but they may be held secretly if demanded by the government, the chairman, or at least one-third of its members, and such demand shall also be discussed in a secret session.
Article (64)
Upon the convening of the Council to a secret session, all its halls and terraces shall be vacated from all whoever being permitted, and no person shall be allowed to attend such session other than the members except of the chairman officers or experts if licensed by him.
Minutes shall be written in the secret session by whoever selected by the Council and such minutes shall be kept in a place known to the chairman and nobody shall be permitted to look into such minutes except the members. The session returns to be public and open vide a resolution from the chairman when the reason for considering it secret vanishes.
SECOND SECTION
SESSIONS ACTION REGIME
Article (65)
At least half an hour before the opening of the session, attendance books shall be put at the disposal of the members to sign on them when they are present.
Article (66)
The chairman shall announce the opening of the Council sessions if the majority of its members are present. If the time becomes due without having the quorum, the chairman may delay the opening of the session one-hour, but if the number is not completed after that, the chairman shall announce the adjournment of the session till having the quorum.
Article (67)
After opening the session, the Secretary General or whoever in his capacity shall read the names of members with apologies and those absent then he shall take the opinion of the Council on the attestation of the previous session minutes, and the chairman shall after that inform of whatever papers and letters in hand before considering the matters mentioned on the agenda.
Article (68)
The Council’s deliberations shall not be correct unless in the presence of the majority of its members, and resolutions shall be issued in the absolute majority of the members present in cases other than which stipulate special majority. If votes become equal then the side in which stands the chairman shall be the casting.
Article (69)
Talking shall be permitted by the chairman to all those who request according to the order of their requests, and excluded from this order shall be the Prime Minister, his deputy and the Ministers, as well as the reporters as regards the subjects issued from their committees, however the chairman may allow them to talk when they request without following any order.
The chairman may deter anyone from talking except by a legal justification and upon dispute the Council may determine the matter without making any discussion.
Article (70)
A talker shall not interrupted and talking shall not per allowed in personal matters of any individual.
The chairman may prevent a member from expatiation in talking and he shall bring this matter up before the Council to resolve.
Article (71)
Talking shall be always permitted in the following events:
1 Directing consideration to the observance of the Constitution provisions and this Council Standing Order.
2 Responding to any saying affecting the talker in person.
3 Demanding adjournment or deferment of considering any subject put forth to a time later on.
4 Demanding the hang up of discussion issue.
These demands in their order shall have priority on the original subject and upon which discussion in that original subject depends until a resolution from the Council is issued in such regards.
Article (72)
The Council and upon a suggestion from its chairman may decide a time for finishing the discussion of any of the subjects and take the opinion or hang up the discussion issue of the same.
Article (73)
Talker shall perform his words while standing in his place or on a platform, and reporters speak on platform unless the chairman requests otherwise.
Member shall not speak in one subject more than three times nor shall he exceed in each time five minutes. He shall not repeat his words and those of others.
Talking shall be addressed to the chairman or to the Council.
Article (74)
The chairman shall be the only right holder in attracting the attention of the talker while uttering his words in order to take into his consideration observing the Standing Order provisions and maintain the talking order and subject.
If the chairman attracts the talker twice in one session then returns to what has made it necessary to be attracted to in the same session, then the chairman may bring up to before the Council prevent him from talking in the same subject the rest of the session, and a resolution shall be issued from the Council in such regards without any discussion.
Article (75)
A talker shall not use inappropriate expression or those which contain transgression to the dignity of persons, firms or authorities or which may cause damage to the supreme interest of the country, or if commits a violation in the public order. If a member commits anything like this, his attention shall be attracted and upon dispute the Council shall resolve such matters without any discussion.
Article (76)
The Council shall inflict against the member who infringes the public order or who does not conform to the Council resolution in preventing him from talking, one of the following penalties:
1 Admonition.
2 Blame.
3 Prevent the member from talking the rest of the session .
4 Discharge from the meeting hall and prevention from participating in the rest works.
5 Prevention from participating in the Council works and committees for a period not more than two weeks.
The Council resolution in this regard shall be issued in the session itself. And the Council may stop the resolution issued against the member if submitted in the next session a written apology on what has been committed by him.
Article (77)
If order in the session is disturbed and the chairman becomes unable to reorder it then he shall announce his intent to cease the session, and if order is not restored then he may stop the session for a period not more than half an hour. If order disturbance continues after restoring the session then the chairman may adjourn the meeting.
Article (78)
The chairman may adjourn the session temporarily to take rest for a period not more than half an hour.
THIRD SECTION
SESSION MINUTES
Article (79)
Minutes shall be prepared for each session in which details of all the session procedures shall be mentioned as well as all the subjects dealt with including the discussions, all the resolutions issued, and names of members in each vote by calling each name with a detail of each one’s opinion.
Article (80)
Each member attending the session may make whatever finds necessary of correction upon the attestation of its minutes, and when the Council resolution regarding the acceptance of such correction, this shall be fixed in minutes of the session itself. The previous minutes shall be corrected accordingly, and
no correction shall be made to the minutes after being attested, and that attestation on the minutes not being confirmed shall be upto the end of the session cycle or the legislative section by the Council office board.
Article (81)
The chairman and the secretary general shall sign the session minutes after being attested. Such shall be kept in the Council records, and shall be published as an addendum in the gazette.
Article (82)
A brief for each session minutes shall be prepared showing in general the subjects brought up before the Council as well as the discussions occurred and resolutions taken so as to be in the hands of the local mass media.
Article (83)
The chairman may order deletion from the session minutes of any expressions or sentences issued from a member against the provisions of this Standing Order. Upon objection on this , such matter shall be brought up before the Council which shall issue its decision in this regard without any discussion .
THIRD SECTION
COUNCIL COMPETENCIES
FIRST CHAPTER
LAWS DRAFTS
Article (84)
The chairman shall bring up before the Council the federal laws drafts which are submitted by the government to consider in referring them to the specialized committees unless
the government demands considering the draft expeditely or if the chairman finds that such requires hastening by showing reasons for that then he shall refer that to the competent committee directly and inform the Council of the same matter in its first next session as well as distributing the same draft among the members attached with the agenda .
Article (85)
If drafts of laws become numerous in one subject, priority shall be given to the first one and others shall be considered as amendment thereto.
Article (86)
If the competent committee inserts an amendment on the law draft, it may be able to refer that to the Legal and Legislative Committee in order to express its opinion in the draft formulation, coordinate its articles and provisions, before bringing its report in the Council, and such committee shall indicate in its report the opinion of the Legal and Legislative Committee.
Article (87)
Discussions of drafts of laws shall commence by reading the original draft and what has the competent committee has inserted of amendments, and may read the original draft explanatory memorandum as well as the competent committee report. Then word shall be given for discussing the original draft in general to the committee reporter in the government then the members.
If the Council agrees on the draft, in principle, discussion shall be transferred to its articles one by one after reading each of them as well as the suggestions submitted in their regards, and opinion shall be taken on each article then on the draft as a whole.
Article (88)
Each member, upon considering the law draft, may suggest amendment by addition, deletion or splitting in the articles or of what offered of amendments inserted by the committee, and that such amendment shall be made in writing at least twenty-four hours before the session which will peruse the articles included by the amendment. By the consent of the Council amendment submitted during the session may be considered. The Council may also refer any amendment inserted on the law draft to the Legal and Legislative Committee to give its opinion in the formulation and provisions coordination, while draft discussion shall be restricted after that on the formulation.
Article (89)
In all circumstances, the competent committee shall be informed of all the amendments submitted by the members before the session specified in the Council to peruse the draft. Reporter shall explain the committee opinion in this regard during the discussion in the session.
Article (90)
Suggestion on amendment shall be limited and formulated, and if such suggestion on amendment has not been brought up before such committee, the government and the competent committee may request referring the same to the committee and such request shall be responded.
Article (91)
After finishing the discussion of the article and the amendments presented in its regard, opinion on the amendments shall be taken first and the chairman shall start with its widest range and that one which is far away from the original text then opinion shall be taken on the article as a whole.
Article (92)
If the Council resolves a judgment in one of the articles regarding making amendment on an article previously agreed upon, then it shall return to discuss such article.
The Council and upon a request from the government, the committee or one of the members may decide reconsider discussion in an article previously resolved if new reason for the same are expressed before the end of the deliberation on the draft.
Article (93)
If the suggested amendment does have an impact on the rest articles of the draft, then such shall be adjourned till the committee finishes its work in its regard, otherwise the Council shall continue discussing the rest articles.
Article (94)
Taking opinion on the draft shall be open and public by way of raising hands and if majority has not been achieved in this way the opinions shall be then taken by means of calling the members in their names.
Opinion by means of calling the names shall be taken in the following circumstances:
a- Drafts of laws .
b- cases stipulating special majority .
c- If requested by the government , the chairman or at least ten of the members .
In exceptional circumstances and by the approval of the Council, voting may be made secretly upon a request from any of whoever mentioned in (c) herein.
In all circumstances, chairman’s voting shall be made after all other members voting.
Article (95)
The Council shall vote on drafts of laws either in the approval, refusal or amendment of the same, and that refusing or amending them shall not be made unless by the majority of the members present.
SECOND SECTION
INTERNATIONAL CONVENTIONS & AGREEMENTS
Article (96)
The chairman shall inform the Council of the international conventions and agreements concluded according to the provision of Article (91) of the temporary Constitution enclosed with the governmental release, and such statement shall be read in the first next session with the deposition of the convention and its annexes with the Council secretariat.
The Council may express whatever notes or remarks regarding such conventions without taking any resolution in regards of the convention itself.
THIRD SECTION
THE STATE BUDGET & ITS CLOSING ACCOUNTS
Article (97)
The federation government shall prepare the annual budget draft which is inclusive of the federation revenues and expenditures, and shall bring the same before the Council two months at least before the commencement of the last year in order to discuss it and express notes or remarks on the same.
Article (98)
The chairman refers the budget law draft to the Economic and Financial Affairs Committee immediately after being
submitted to the Council which shall inform about that in the first next session.
Article (99)
The Economic and Financial Affairs Committee shall submit to the Council a report including general presentation to the bases on which the budget draft is made and a suitable detail about each of its sections giving brief about notes and suggestions submitted by the committee members in its regard in a period not exceeding six weeks from the date of referring the draft to the committee, and if such period elapses without submitting the said report by the committee then reasons shall be explained to the Council. The Council may grant the committee another period not exceeding two weeks and if not submitting its report within such new period, the Council then shall discuss the budget law draft in the form brought in by the government.
Article (100)
Perusing the budget in the Council and its committees by means of expedition may be made and the Economic and Financial Affairs Committee shall refer the chapters discussed completely to the Council to go through consecutively.
The budget discussion shall be chapter by chapter.
Article (101)
Each amendment suggested by the Economic and Financial Affairs Committee on the credit included in the budget draft require the opinion of the government and to mention the same in its report.
If suggested amendment includes increase in the expenditures credits or decrease in the revenues mentioned in the budget draft, then such shall be by the consent of the government or by an arrangement facing such amendment from another revenue or a decrease in other expenditures.
Article (102)
The federation closing account law draft for the last fiscal year shall be submitted to the Council during the four months following the end of the said year to give remarks on it.
Judgments made on the discussion of the general budget shall not be valid on the closing account.
FOURTH SECTION
GENERAL SUBJECTS
Article (103)
Upon a request signed by five members, a general subject relating to the federation affairs may be put before the Council for discussion to ask for a clarification from the government thereon and to exchange views. All members have the right to take part in the discussion.
The Council may issue recommendations thereon.
Article (104)
The chairman shall, as soon as the same is made, inform the Prime Minister about the request for discussion and the Federal National Council may include the subject in the agenda of the first meeting after passing fifteen days from the date of informing the Cabinet about the request for discussion. If the Cabinet objects to discuss the subject for considerations relating to the higher interests of the federation, the subject shall be set aside of the agenda, and the Council, otherwise, may consider or refer the same to a committee for discussion and submit a report before determination thereon.
Article (105)
If those, who have made the request, have waived or been absent from the session set for considering the same, five
members of the Council may adopt the request and the Council continues to consider the same, otherwise the request shall be set aside from the agenda.
FIFTH SECTION
QUESTIONS
Article (106)
Each member may question the Prime Minister and the Ministers inquiring of the internal matters within their functions including asking about any matter which the member has no idea about and verify the occurrence of any event which may come to his knowledge.
The question may not be asked except by one member and shall be made to the Prime Minister or to one minister.
Article (107)
The question must be signed by the querist and be written clearly and briefly as much as possible and be limited to the matters intended to be inquired without comment and must not include any improper words or affect persons or bodies or be detrimental to the supreme interest of the country.
If the foregoing conditions are not available in the question, the Council office board may set the same aside and if the member is not satisfied with the Council office board point of view, the matter shall be put before the Council for determination without discussion.
Article (108)
The chairman shall inform the question made in the previous article to the Prime Minister or the concerned minister and shall be included in the next agenda or session following the date of informing the same to the Prime Minister or the minister.
Article (109)
The Prime Minister or the concerned minister shall respond to the question in the session set to consider the same and the Prime Minister or the concerned minister may request to postpone the reply to a date not exceeding two weeks to give the reply. Postponement for a period more than two weeks shall be by a Council resolution. The Prime Minister and the concerned minister, by the agreement or not of the querist , may file the reply or the required data with the Council general secretariat for notification thereon by the members and the same shall be stated in the minutes of the session .
Article (110)
The querist only has the right to comment on the reply and the comment has to be brief and has to be made twice only.
Article (111)
The government willingly or on the occasion of a question addressed to it may request the discussion of a certain subject relating to the federation affairs to obtain the recommendation of the Council or give the statements thereon.
Article (112)
The foregoing procedures relating to the questions shall not apply to the questions addressed to the Prime Minister or the ministers during the discussion of the budget or any subject put to the Council and the members may address such questions in the session orally.
Article (113)
If the querist recalls his question, any member shall have the right to adopt the same, and in such case the Council shall continue to consider the question, otherwise the same shall be set aside of discussion.
Article (114)
The reply to the questions addressed to the Prime Minister or the ministers among the sessions shall be in writing to the chairman who shall pass the replies to the members who addressed the questions. The replies to such questions shall not observe the timings stated in the previous articles and shall be included in the agenda of the next first session of the Council.
Article (115)
The question shall be dropped by the termination of the membership of the querist thereof for any reason whatsoever unless the question is adopted by a member of the Council which will continue to consider the same.
SIXTH SECTION
COMPLAINTS
Article (116)
The complaints submitted to the Council must be signed by the applicant and his name, domicile and job must be stated therein.
The chairman may instruct to file the complaints coming to the Council contrary to the provision of the previous article.
Article (117)
The complaints coming to the Council shall be recorded in a special register therefor with serial numbers according to the date of incoming thereof and the applicant’s name and the domicile and summary of the complaint must be stated.
Article (118)
The chairman may request the Prime Minister or the concerned ministers to submit the information and clarifications relating to the complaint.
The one for whom the application is addressed has to submit the required clarifications within three weeks maximum from the date of the referral.
Article (119)
The chairman shall refer the incoming complaints to the Complaints Committee together with the replies to the same by the concerned ministers.
Article (120)
A committee shall look into the complaints referred to it. Such committee may ask the concerned ministry to submit any additional information or documents it deems necessary to look into the complaint .
Article (121)
The committee shall, through the chairman, inform the applicant of the complaint about the result of considering his complaint. If the committee thinks that the subject of the complaint and the reply by the ministry constitute a matter that the Council must state its opinion thereon, the committee must report to the Council therefor.
Article (122)
Each member has the right to go through any complaint whenever he requests.
FOURTH CHAPTER
THE COUNCIL GENERAL SECRETARIAT & ITS
FINANCIAL AFFAIRS
FIRST SECTION
THE COUNCIL GENERAL SECRETARIAT
Article (123)
The Council General Secretariat shall be organized vide a resolution of the chairman, and such resolution shall include the detailed provisions regarding the administrative and financial affairs.
Article (124)
The General Secretariat shall be presided by a general secretary who shall be appointed by a decision from the President of the Federation upon a nomination from the chairman after getting approval of the office board.
The General Secretary shall supervise the general secretariat affairs and officers and in this regard he shall have the powers decided by the laws and regulations of the Undersecretary regarding his ministry affairs, its budget and officers, and he shall be responsible for the general secretariat affairs and its officers before the chairman.
The General Secretary shall attend the Council open sessions. And by the consent of the Council he may attend those secret sessions. He shall attend the committee’s sessions if the committee requests him to do so.
In the event of the General Secretary’s absence the one deputized by the chairman shall take his position.
Article (125)
Appointment for the General Secretariat jobs shall be vide a decision from the chairman, issued upon the nomination of the General Secretary and the approval of the office board as regards to the Second Cycle Officers and above. And by a decision from the chairman issued upon the nomination of the General Secretary as regards the third and Fourth Cycle jobs.
Article (126)
Referral of the Council officers to the Punitive Court by a decision from the General Secretary as regards the Second and Third Cycle officers and by a decision from the chairman as regards the First Cycle officers and above.
Article (127)
Punishment Council regarding the trial of the Second and Third Cycle officers shall be formed and presided by one of the chairman’s two deputies and in the membership of two of the office board. If the officer referred to the trial of the First Cycle officers and above, the head of the Legal and Legislative Committee as well as the head of the Contestations and Complaints Committee shall be members in the punishment council.
A decision shall be issued by the chairman regarding the formation of the punishment council.
Article (128)
The punishment council may request the Council consultant take charge of its position or whoever may be in his place and attend the trial sessions and the deliberations without having the right of a vote counted therein.
Decisions of the punishment council shall be contestable within thirty days from the date of their issue in front of the Criminal Circuit at the Supreme Federal Court. Contestation therein shall not prevent from executing the same immediately after their issue unless the court orders to stop their execution.
Judgment issued in the contestation shall be final.
Article (129)
Except for the provisions mentioned herein and in the Standing Order of the Council the principles mentioned in the Civil Service Code of the Federal Government shall be valid on the Council officers and employees.
Office Board, as regards these officers and employees, shall have the powers provided in the rules and regulations of the Cabinet, the Civil Service Council and the Personnel Department.
Article (130)
In the event of the Council dissolution the General Secretariat shall be joined to the Cabinet.
SECOND SECTION
THE COUNCIL FINANCIAL AFFAIRS
Article (131)
The Council shall confirm the annual budget and shall be issued annexed to the State General Budget Code. The Council budget shall be listed in one number in the State General Budget.
Article (132)
Credit specially made for the Council shall be deposited in the place selected by the office board and nothing shall be spent from such credit unless by a permission from the chairman or his deputy in the event of his absence or the General Secretary in accordance with the financial principles decided.
The office board as regards the Council financial affairs shall have the powers decided in this regard for the Cabinet as well the chairman shall have the powers of the Minister of Finance and the General Secretary shall have the same powers decided to the Finance Undersecretary.
Article (133)
The Council confirms its closing account, and such shall be issued annexed to the State Closing Account Code.
STANDING ORDER
OF THE UAE PARLIAMENTARY SECTION
Standing Order Of The UAE Parliamentary Section
Article (1)
The Federal National Council forms a parliamentary section that includes all its members.
Article (2)
The aim of setting up the section is to organize participation of the Federal National Council members in the activity of Arab Parliamentary Union, other unions and bodies of parliamentary nature.
Article (3)
The section shall be presided by the Council chairman ex officio thereof. He is the chairman of its general assembly and the executive committee thereof.
Article (4)
The general assembly consists of all the section member, the executive committee consists of the chairman, deputy, secretary and four members:
The general assembly, at the beginning of each ordinary meeting session, undertakes the election of the executive committee members except the chairman.
Article (5)
The section general assembly convenes at least every year during January according to an invitation by the chairman.
It may convene on other date according to an invitation by the chairman, the executive committee or on third of the section members.
The meeting of the assembly is proper if attended by the majority of its members. If the quorum is not present, the
meeting may be postponed to another date of which the members be informed.
The meeting of the assembly on this date is proper whatever is the number of members present. The resolutions of the general assembly are issued by absolute majority. When the votes are draw the side wherein the chairman is given casting.
Article (6)
The function of the section general assembly shall be as follows:
1. Selection of the executive committee members except the chairman.
2. Seeking to carry out the resolutions and recommendations of the Arab Parliamentary Union and the International Parliamentary Conferences wherein the section takes part.
3. Setting the annual credit to be included in the Federal National Council budget to face up the section expenditures.
4. Setting the annual subscription amount to be paid by the section to the Arab and International Parliamentary Unions and organizations wherein the section takes part.
5. Adopting the section budget and approving the final account thereof.
6. Approving the executive committee annual report for the function and activity of the section.
Article (7)
The executive committee is the administrative body of the section. It meets by an invitation of the chairman. Its meeting shall be proper when the majority of its members are present. The resolutions thereof shall be issued by the majority of members present. When the votes are draw , the side of the chairman must convene the executive committee if the same is required by three of its members.
Article (8)
The executive committee shall particularly undertake the following functions:
1. Preparing the programs and activity of the section functions.
2. Participation of the section in the Arab and international parliamentary conferences and meetings and nomination of its representatives and delegate members therein.
3. Preparing the budget draft and final account of the section.
4. Preparing the annual report for the functions and activity of the section.
Article (9)
The representatives and delegates of the section taking parts in the Arab or international conferences or meetings have to report to the executive committee for the functions they had shared. Such reports shall be distributed on the section members.
Article (10)
In case the section chairman is absent, the section deputy shall take his place in all his functions in the section.
The secretary of the section shall prepare the matters put before the general assembly and the executive committee has to follow up the decisions thereof.
Article (11)
No amount from the section budget shall be paid unless instructed by the chairman the chairman thereof.
Article (12)
The secretary general of the council is the secretary general of the section and shall supervise the organization of the
section secretariat and shall be responsible to the section chairman for the good running of work therein.
Article (13)
In case of re-formation of the council, the existing executive committee shall temporarily manage the section affairs until the first meeting of the new council. The new council chairman has to convene the general assembly of the section within one month after the opening date of the new council.
Article (14)
This Standing Order may be amended by a resolution of the general assembly upon a written proposal made by at least one-third of the section members.