We, the Rulers of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qaiwain, Ras al Khaimah and Fujairah;
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We, the Rulers of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qaiwain, Ras al Khaimah and Fujairah;
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 cooperation with the sister Arab states and with all other friendly states which are members of the United Nations Organisation and members of the family of nations in general, on a basis of mutual respect and reciprocal interests and advantage;
Desiring also to lay the foundations of Union Law in the coming years on a sound basis, corresponding with 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 where this is not inconsistent with those goals and preparing the people of the Union at the same time for a noble and free constitutional life, 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 greatest desire, towards which we have bent our strongest resolution, being desirous of advancing our country and our people to the position which befits them and which will restore to them their appropriate place among civilised states and nations;
For all these reasons and in order that the preparation of the permanent constitution for the Union may be completed, we proclaim before the Supreme and Omnipotent Creator, and before all people 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 best Protector and Defender, grant us success.
The United Arab Emirates is an independent, sovereign, federal state (and is referred to hereafter in this Constitution as The Union).
It shall consist of the following Emirates:—
Abu Dhabi—Dubai—Sharjah—Ajman—Umm al Qaiwain—Ras al Khaimah— Fujairah
Any other independent Arab country may join the Union, provided that the Supreme Council agrees unanimously to this.
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.
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.
The member Emirates shall exercise sovereignty over their own territories and territorial waters in all matters not within the jurisdiction of the Union as assigned in this Constitution.
The Union may not surrender its sovereignty or cede any part of its territories or waters.
The Union shall have a Flag, an Emblem and a National Anthem. The Flag and the Emblem shall be prescribed by the Law. Each Emirate shall retain its own flag for use within its territories.
The Union shall be 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 shall be a single people, and shall be part of the Arab Nation.
Islam shall be the official religion of the Union. The Islamic Shari’ah shall be a principal source or legislation in the Union. The official language of the Union shall be Arabic.
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 principles.
No citizen of the Union may be deprived of his nationality nor may his nationality be withdrawn except in exceptional circumstances which shall be defined by law.
The aims of the Union shall be the maintenance of its independence and sovereignty, the safeguarding of its security and stability, defence against any aggression upon its existence or the existence of its member states, the protection of the rights and freedoms 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 limits of this Constitution.
The foreign policy of the Union shall be directed towards support for Arab and Islamic causes and interests and towards the consolidation of the ties 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.
The Union and the member Emirates shall co-operate, within the limits of their jurisdiction and abilities, in executing the provisions of this Chapter.
Equality, social justice, the provision of safety and security and equality of opportunity for all citizens shall be the bases of the community. Mutual co-operation and respect shall be a firm bond between them.
The family shall be the basis of society. Its support shall be religion, ethics and patriotism. The law shall guarantee its existence and shall safeguard it and protect it from corruption.
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 society.
Such matters shall be regulated by Public Assistance and Social Security legislation.
Education shall be a primary means of social development. It shall be compulsory in its primary stage and free 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.
Special 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 subject to their direction.
Medical protection and means of preventive treatment and treatment for diseases and epidemics shall be guaranteed by society for all citizens. Society shall promote the spread of hospitals, clinics and facilities for both general and special treatment.
Society shall esteem work as a fundamental basis of its development. It shall strive to ensure that work is available for citizens and to ensure that they are prepared for it. It shall take such steps as are necessary to ensure this by providing legislation to protect the rights of the employees and to protect the interests of the employers, bearing in mind developing international labour legislation.
Private property shall be protected. Conditions relating thereto shall be prescribed by law. No person shall be deprived of his personal property except in circumstances dictated by the public interest in accordance with the provisions of the law, and on payment of fair compensation.
Public property shall be inviolable. The protection of public property shall be a duty upon every citizen. The Law shall prescribe the circumstances in which a citizen shall be punished for failure to fulfill this obligation.
The natural resources and wealth in each Emirate shall be considered 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.
The basis of the national economy shall be social justice. The support of the national economy shall be sincere co-operation between public and private activity. The aim of the national economy shall be the achievement of economic expansion, increased production, the raising of standards of living and the achievement of prosperity for citizens within the limits of the Law.
The Union shall encourage co-operation and saving.
All persons shall be equal before the law. No discrimination shall be practised between citizens of the Union by reason of race, nationality, religious belief or social position.
Personal freedom shall be guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of the law.
No man shall be subjected to torture or other indignity.
Crimes and punishments shall be prescribed by the law. No punishment shall be imposed for any act of commission or act of omission which was completed before the issue of the law which provided for such punishment.
Punishment shall be individual. An accused shall be deemed innocent until he has been convicted by means of a legal and just trial. The accused shall have the right to appoint the person who shall conduct his defence during the trial. The law shall prescribe the circumstances in which the presence of a counsel for the defence shall be obligatory.
Physical and mental abuse of an accused person shall be prohibited.
Freedom of movement and freedom of residence shall be guaranteed to citizens within the limits of the law.
Freedom to hold opinions and express them orally, in writing or by other means of expression shall be guaranteed within the limits of the law.
Freedom of communication by means of the posts, telegraph or other means of communication and their secrecy shall be guaranteed in accordance with the law.
The freedom to hold religious ceremonies in accordance with established custom shall be safeguarded, provided such ceremonies are consistent with public order and with public morals.
The freedom of assembly and the freedom to hold meetings shall be guaranteed within the limits of the law.
Every citizen shall be free to choose his occupation, trade or profession within the limits of the law, due consideration being given to any regulations prescribed for any 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 man may be enslaved.
Public service shall be open to all citizens on a basis of equality of circumstances between them, in accordance with the provisions of the law.
Public service shall be a national service entrusted to those undertaking it. The public servant shall aim, in the execution of his duties, at the public interest alone.
Homes shall be inviolable. They may not be entered without permission from their inhabitants except in accordance with the provisions of the law, and in circumstances laid down therein.
Citizens may not be deported or banished from the Union.
The extradition of citizens and of political refugees shall be prohibited.
The general confiscation of possessions shall be prohibited. Confiscation of an individual’s possessions as a punishment may be executed only on the basis of a legal ruling, and in circumstances provided for in the law.
Foreigners shall enjoy, within the Union, the rights and freedoms 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 equivalent obligations.
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 freedoms stipulated in this Chapter.
The payment of taxes and public imposts determined by law shall be an obligation upon every citizen.
The defence of the Union shall be a sacred duty obligatory upon every citizen. The discharge of military service shall be an honour for citizens and shall be regulated by law.
It shall be the duty of all inhabitants of the Union to respect the Constitution and the laws and regulations issued by the public authorities in execution thereof, to protect public order and to respect public morality.
The Union authorities shall consist of:—
The Supreme Council of the Union shall be the supreme authority in the Union. It shall consist of the Rulers of all the Emirates making up the Union, or of those who act 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.
The Supreme Council of the Union shall be responsible for the following matters:—
Decisions of the Supreme Council on substantive matters shall be taken by a majority of five of its members provided 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.
Decisions of the Council on procedural matters shall be taken by majority vote. Such matters shall be defined in the internal regulations of the Council.
Sessions of the Supreme Council shall be held in the Union capital. Sessions may be held in any other place agreed upon beforehand.
The Supreme Council of the Union shall elect from among its members a President of the Union and a Deputy to the President of the Union. The Deputy President of the Union shall exercise all the powers of the President in the event of his absence for any reason.
The term of office of the President and his Deputy shall be five Gregorian years. They shall be capable of re-election to the same office. Each of them shall, on assuming the burdens of 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 I 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.”
In the event that the office of the President or his Deputy becomes vacant because of 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 President of the Supreme Council and his Deputy are vacated simultaneously, the Council shall be called into session immediately by any one of its members or by the Chairman of the Council of Ministers of the Union, to elect a new President and Deputy President to fill the two vacant offices.
The President of the Union shall have the following responsibilities:
The Council of Ministers of the Union shall consist of the Chairman of the Council of Ministers, his Deputy and a number of Ministers, provided that the total number of members of the Council shall not exceed fourteen.
Ministers shall be chosen from among citizens of the Union known for their competence and experience.
The Chairman of the Council of Ministers, his Deputy and the Ministers shall, before taking up the burden of 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 I will discharge my duties faithfully, that I will fully protect the interests of the people of the Union and that I will safeguard completely the existence of the Union and its territorial integrity.”
The law shall define the jurisdiction of the Ministries and the competence of each Minister. The first Council of Ministers of the Union shall be composed of the following:—
The Prime Minister shall be responsible for chairing meetings of the Council. He shall call it into session, shall direct its debates, shall supervise the activities of Ministers, and shall co-ordinate the distribution 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 that he is absent for any reason.
The Council of Ministers, in its capacity as the executive organ 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 internal and external matters within the competence of the Union according to this Constitution and Union laws.
The Council of Ministers shall, in particular, carry out the following responsibilities:—
The deliberations of the Council of Ministers shall be secret. Its decisions shall be taken by majority vote of members. In the event that voting is evenly divided the side on which the Chairman has voted shall prevail.
The minority shall be bound by the majority decision.
Neither the Chairman of the Council of Ministers nor his Deputy nor any Union Minister may, during their terms of office, pursue any professional, commercial or financial occupation or enter into any commercial transactions with the Government of the Union or the Governments of the Emirates, nor may they combine with their office or membership of the Council the administration of any financial or commercial company.
Similarly, they may not combine with their office more than one official post in any of the Emirates and shall abandon all other remaining local official posts, if any.
The members of the Council of Ministers shall aim in their conduct at the interests of the Union, the promotion of public welfare and a total rejection of personal benefits. Members of the Council of Ministers must not seek profit from their official positions in any way whatsoever for themselves or for any person closely related to them.
The Chairman of the Council of Ministers and the Ministers shall be collectively responsible before the President of the Union and the Supreme Council of the Union for the execution of the general policy of the Union internally and externally. Each of them shall be personally responsible to the President of the Union and the Supreme Council for the activities of his Ministry or post.
The resignation of the Chairman of the Council of Ministers, his dismissal from office, his death, or the vacating of his office for any reason whatsoever shall result in the resignation of the whole Cabinet. The President of the Union may require Ministers to remain in office temporarily, to carry out immediate administration, until such time as a new Cabinet is formed.
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 on the projects carried out internally, and 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 safety and security, achieving its aims and implementing progress in all fields.
The Council of Ministers shall lay down its own internal regulations including its rules of procedure.
The Council of Ministers shall establish a general Secretariat composed of an appropriate number of employees to assist it in the conduct of its business.
The law shall prescribe the salaries of the Chairman of the Council of Ministers, his Deputy and the remaining Ministers.
The Union National Council shall be composed of forty members and seats shall be distributed to member Emirates as follows:—
Dubai - 8 seats
Sharjah - 6 seats
Ras al Khaimah - 6 seats
Ajman - 4 seats
Umm al Qaiwain - 4 seats
Fujairah - 4 seats
Each Emirate shall be left to determine the method of selection of the citizens who shall represent it on the Union National Council.
It shall be pre-requisite that a member of the Union National Council shall be:—
Membership of the Union National Council may not be combined with the holding of any public office in the Union, including Ministerial positions.
The term of membership in the Council shall be two Gregorian years commencing from the date of its first meeting. After this period the Council shall be completely renewed for the period remaining until the end of the transitional period indicated in Article 144 of this Constitution.
Any member who has completed his term may be re-elected.
Before a member of the Union National Council commences his duties in the Council or its Committees, he shall swear the following oath before the Council in open session:—
“I swear by Almighty God that I will be faithful to the United Arab Emirates, that I will respect the Constitution and the laws of the Union and that I will carry out my duties in the Council and its Committees faithfully and sincerely.”
If any member of the Council vacates his seat for any reason before the completion of his term of membership, a replacement shall be selected within two months of the date on which the vacancy is announced by the Council, unless the vacancy occurs during the three months preceding the end of the term of the Council.
The new member shall complete the term of membership of his predecessor.
Sessions of the Council 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 all members and with the agreement of the Council of Ministers.
The Council shall render judgement on the legal validity of members’ representation, and on stripping them of membership if they do not fulfil its conditions of membership, by a majority vote of all members taken on the basis of a proposal put by five members. The Council shall be competent to accept resignations from membership, such resignations being considered final from the date of the Council’s acceptance thereof.
A member of the Union Council shall represent the whole people of the Union and not merely the Emirate which he represents in the Council.
The Council shall hold an annual ordinary session lasting not less than six months, commencing in the third week of November each year. It may be called into extraordinary session whenever the need arises. The Council may not consider at an extraordinary session any matters other than those for which it was called into session. The above notwithstanding, the President of the Union shall summon the Union National Council 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.
The Council shall be summoned into session, and its session shall be terminated, by decree issued by the President of the Union with the agreement of the Council of Ministers of the Union. Any meeting held by the Council without a formal summons, and any meeting held in any place except the place legally prescribed for its meetings in accordance with this Constitution, shall be considered invalid and shall have no effect.
The President of the Union shall open the ordinary annual session of the Council, and shall deliver to it a speech containing a description of the “state of the nation,” the more important events and important matters which arose during the year, the details of the Union Government’s programme of projects and reforms for the coming session.
The President of the Union may delegate the task of opening the session or delivering the speech to the Vice-President or the Chairman of the Council of Ministers.
The Union National Council shall select a committee from among its membership to prepare a draft reply to the Opening Speech, including the Council’s observations and wishes, and shall submit the reply after approval by the Council to the President of the Union for submission to the Supreme Council.
Members of the Council shall not be censured for any opinions or views expressed in the course of carrying out their duties within the Council or its Committees.
No penal proceedings may be instituted against any member while the Council is in session, except in cases of “flagrante delicto”, without the permission of the Council. The Council must be informed if such proceedings are instituted while it is not in session.
The Chairman of the Council and its other members shall be entitled, from the date of taking the oath before the Council, to a salary which shall be determined by law, and to travelling expenses from their place of residence to the place in which the Council is meeting.
The Council shall have a Bureau consisting of a Chairman, a First and Second Vice-Chairman, and two supervisors. The Council shall select them from among its members.
The term of office of the Chairman and the two Vice-Chairmen shall end when the term of the Council ends or when it is dissolved in accordance with the provisions of the second paragraph of Article 88.
The term of office of the supervisors shall end with the choice of new supervisors at the opening of the next ordinary annual session. If any post in the Bureau becomes vacant the Council shall select a person to fill it for the period which remains.
The Council shall have a Secretary-General who shall be assisted by a number of employees who shall be directly subordinate to the Council. The internal regulations of the Council shall prescribe their conditions of service and powers.
The Council shall be responsible for drawing up its internal regulations. They shall be issued in a decree promulgated by the President of the Union with the agreement of the Council of Ministers. The internal regulations shall define the powers of the Chairman of the Council, the Vice-Chairmen and Supervisors, and shall define generally all matters pertaining to the Council, its committees, its members, its secretariat, its employees, its rules of procedure and voting procedures in the Council and in the committees, and other matters within the limits of the provisions of this Constitution.
Sessions of the Council shall be open. Sessions may be held in secret at the request of a representative of the Government, the Chairman of the Council or three members of the Council.
Deliberations of the Council shall be invalid unless at least a majority of its members are present. Decisions shall be made 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 Chairman of the session supports shall prevail.
Meetings of the Council may be postponed by a decree promulgated by the President of the Union with the agreement of the Council of Ministers of the Union for a period not exceeding one month, provided that such postponement may not be repeated in one session except with the agreement of the Council and on one occasion only. The period of postponement shall not be deemed part of the term of the ordinary session.
The Union National Council may also be dissolved by a decree promulgated by the President of the Union with the agreement of the Supreme Council of the Union, provided that the decree of dissolution includes a summons to the new Council to come into session within sixty days of the date of the decree of dissolution. The Council may not be dissolved again for the same reasons.
Insofar as this does not conflict with the provisions of Article 110, draft Union laws, including draft financial laws, shall be submitted to the Union National Council before their submission to the President of the Union for presentation to the Supreme Council for ratification. The Union National Council shall debate these drafts and may agree to them, amend them or reject them.
The Council shall examine during its ordinary session the draft Annual General Budget law of the Union and the draft Final Account law, in accordance with the provisions in Chapter Eight of this Constitution.
The Government shall be responsible for informing the Union National Council of international treaties and agreements concluded with other states and the various international organisations, together with appropriate explanations.
The Union National Council shall debate any general subject pertaining to the affairs of the Union unless the Council of Ministers informs the Union National Council that debate of any subject is contrary to the highest interests of the Union. The Prime Minister or the competent Minister shall attend the debates. The Union National Council may express its recommendations and may define the subjects for debate. If the Council of Ministers does not approve of these recommendations, it shall notify the Union National Council of its reasons.
The Government of the Union shall be represented at sessions of the Union National Council by the Chairman of the Council of Ministers 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 Council requesting explanation of any matters within its jurisdiction, in accordance with the procedures prescribed in the internal regulations of the Council.
Justice is the basis of authority. Judges shall be independent and shall be subordinate to no authority but the law and their own consciences in the performance of their duties.
The Union shall have a Supreme Court of the Union and Union Courts of the First Instance as explained hereinafter.
The Supreme Court of the Union 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 departments in the Court, their organisation and their procedures, conditions of service and retirement for its members and the preconditions and qualifications required of them.
The President and the Judges of the Supreme Court shall not be dismissed while they administer justice. Their administration thereof shall not be terminated except for one of the following reasons:—
The President and the Judges of the Supreme Court of the Union shall, immediately before taking up their duties, swear an oath before the President of the Union, and in the presence of the Union Minister of Justice, that they will render judgement justly and without fear or favour and that they will be faithful to the Constitution and laws of the Union.
The Supreme Court of the Union shall be competent to render judgement in the following matters:—
The Supreme Court of the Union shall convene in the capital of the Union. It may, exceptionally, convene when necessary in the capital of any one of the Emirates.
The judgements of the Supreme Court of the Union shall be final and binding upon all.
If the Court, in rendering judgement on the constitutional legality of laws, legislation and regulations, rules that Union legislation is inconsistent with the Constitution of the Union, or that local legislation or regulations under consideration contain provisions which are inconsistent with the Constitution of the Union or with a Union law, the authority concerned in the Union or in the Emirate as applicable shall be obliged to take the necessary steps to remove or rectify the constitutional inconsistency.
The Union shall have one or more Union Courts of the First Instance 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:—
The law shall regulate all matters connected with the Union Courts of the First Instance in respect of their organisation, formation, departments, local jurisdiction, procedures to be followed before them, the oaths to be sworn by their judges, conditions of service for their judges and the means of appealing against their judgements.
The law may stipulate that appeals against the judgements of these courts shall be heard before one of the departments of the Supreme Court of the Union, in the circumstances and manner prescribed therein.
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.
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 Union Courts of the First Instance.
Circumstances in which appeals against judgements by the local judicial authorities in penal, civil, commercial and other cases may be made before the Union courts shall be defined by a Union law, provided that the judgement of the Union courts in such appeals shall be final.
The Union shall have a Public Prosecutor who shall be appointed by Union decree issued with the agreement of the Council of Ministers and who shall be assisted by a number of members of the Public Prosecutor’s office.
The law shall prescribe matters relating to the members of the Union Public Prosecutor’s Office with respect to their method of appointment, grades, promotion, retirement and the qualifications required of them.
The Union Law of Criminal Procedure and Courts shall prescribe the jurisdiction of this organisation and its procedures and the powers of its assistants over the police and the public security services.
The President of the Union may grant pardon from the execution of any sentence passed by the Union judicature before it is carried out or while it is being served or may reduce 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 judgement and suitable qualifications.
Membership of the committee shall be unpaid. Its deliberations shall be secret. Its decisions shall be issued by majority vote.
No sentence of death imposed finally by a Union judicial authority shall be carried out until the President of the Union has approved the sentence. He may substitute a lesser sentence in accordance with the procedure stipulated in the preceding Article.
There shall be no general amnesty for crimes generally or for specified crimes except by law.
The promulgation of an amnesty law shall result in such crimes being deemed never to have been committed, and in the remission of sentences imposed therefor in full or to the extent of that part remaining to be served.
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 effective one month after the date of their publication in the said Gazette, unless the law stipulates another date.
The provisions of the laws shall apply only to what occurs after the date on which they become effective, and they shall be deemed to have no effect on what occurred before that date. The law may, however, stipulate the contrary in matters other than criminal matters, if necessity so requires.
If, between meetings of the Supreme Council, the speedy promulgation of Union laws, which cannot be delayed, is required, the President of the Union and the Council of Ministers may together promulgate the necessary laws in the form of decrees which shall have the force of law, provided they are not inconsistent with the Constitution.
Such decree laws must be submitted to the Supreme Council within a week at the maximum for assent or rejection. In the case of assent the force of law shall be confirmed and the Union National Council shall be informed accordingly at its next meeting.
In the event that the Supreme Council does not assent, such decree laws shall cease to have force of law, except that it may be decided to sanction their effectiveness during the earlier period, or to sanction adjustment of their effects.
No decree may be issued unless the Council of Ministers has assented to 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.
The Supreme Council may authorise the President of the Union and the Council of Ministers collectively to promulgate, when the Supreme Council is not in session, such decrees as necessity dictates and whose ratification is within the power of the Supreme Council.
Provided that such authority shall not include authority to conclude international agreements and treaties, to impose or rescind martial law, to declare a state of defensive war or to appoint the President or Judges of the Supreme Union Court.
The Emirates shall exercise all powers not assigned to the Union by this Constitution. The Emirates shall all participate in the setting up of the Union and shall benefit from its existence, its services and its protection.
The exercise of authority in each Emirate shall aim in particular at the maintenance of law and order within its territories, the expansion of public utilities of value to its inhabitants and the raising of social and economic standards.
The member Emirates of the Union shall all work for a systematic arrangement of legislation in various fields with the intention of unifying such legislation as much as possible.
Two or more Emirates may, after obtaining the approval of the Supreme Council, establish a political or administrative unit, or unify all or part of their public utilities or establish a single administration or joint administration to run any such utility.
Union law shall provide for matters pertaining to the execution of judgements, requests for legal assistance, publicising legal documents and the surrender of fugitives, as between member Emirates of the Union, taking into consideration the greatest ease of execution.
The Union shall have exclusive legislative and executive jurisdiction in the following matters:
Without prejudice to the provision of the previous article, the Federation shall solely be in charge of enacting laws on the following matters:
Work relation and social securities, real estate ownership and expropriation for public interest; handover of criminals; banking; insurance of all kinds; protection of fauna & flora; major legislations related to Penal Code, Civil & Commercial Transactions Code, Companies Law, Code of Procedures before the civil and penal courts; protection of moral, technical and industrial property rights; copyrights, printings and publication rights; import of weapons and ammunitions unless the same was for the use of the Armed Forces or Security Forces of any Emirate - other aviation affairs which are not within the Federation executive competencies; determination of territorial waters and organization of navigation overseas; organization and method of establishing financial free zones and scope of excluding the same from the implementation of the Federal Legislations provisions.
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.
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 state or regions, provided 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 ratification of such agreements it shall be obligatory to suspend the matter until the Supreme Court of the Union has ruled on the objections as quickly as possible.
The Emirates may retain their membership in the OPEC organisation and the Organisation of Arab Petroleum Exporting Countries and may join them.
Before the conclusion of any treaty or international agreement which may affect the special position of any one of the Emirates, the competent Union authorities shall consult that Emirate in advance. In the event of disputes they shall submit the matter to the Supreme Court of the Union for a ruling.
The Governments of the Emirates shall undertake to take the appropriate steps 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 decrees necessary for such implementation.
The Union authorities shall supervise the implementation by the Governments of the Emirates of the Union laws, decisions, treaties, agreements and legal judgements. The competent administrative and judicial authorities in the Emirates shall give the Union authorities all possible help in this matter.
The general revenues of the Union shall consist of the following income:
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.
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.
The draft annual budget of the Union, comprising estimates of revenues and expenditure, shall be submitted to the Union National Council at least two months before the beginning of the financial year, for debate and the submission of comments thereon, before the draft budget is submitted to the Supreme Council of the Union, together with those comments, for assent.
The annual general budget shall be promulgated by a law.
In all cases where the budget law has not been promulgated before the beginning of the financial year, monthly appropriations may be made by Union decree on the basis of one twelfth of the appropriations for the previous financial year. Revenues shall be collected and expenditure disbursed in accordance with the laws in force at the end of the preceding financial year.
All expenditure not provided for in the budget, all expenditure in excess of the budget estimates and all transfers of sums from one chapter 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 accordance with the provisions of Article 113 of this Constitution.
The Union shall allocate in its annual budget a sum from its revenue to be expended on building and construction projects, internal security and social matters according to the urgent needs of some of the Emirates.
The execution of these projects and the disbursement of monies thereon from the sums appropriated therefor, shall be accomplished by means of and under the supervision of the competent Union agency with the agreement of the authorities of the Emirate concerned.
The Union may establish a special institution for this purpose.
No Union tax may be imposed, varied or abolished except by means of a law. No person may be exempted from liability to pay such taxes except as prescribed by the 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.
No public loan may be contracted except by a Union law. No commitment involving the payment of sums from the Union Exchequer in a future year or years may be contracted except by means of a Union law.
The final accounts of the financial administration of the Union for the completed financial year shall be submitted to the Union National Council, within the four months following the end of the said year, for the submission of comments thereon, before their submission to the Supreme Council for approval, in the light of the Auditor-General’s Report.
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 the law.
The law shall organise this department and shall define its jurisdiction and the competence of those working therein, and the safeguards to be given to it, its head and the employees working in it in order that they may carry out their duties in the most efficient manner.
Every attack upon any member Emirate 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 cooperate to repel by all means possible.
The Union shall have armed land, sea 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 Force.
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 forces.
The law shall organise military service, general or selective conscription, the rights and duties of individual members of the Armed Forces, their disciplinary procedures, and similarly the special provisions of the Union Security Forces.
The declaration of a state of defensive war shall be made by means of 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.
A Supreme Defence Council shall be established 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 External Affairs, Defence, Finance and the Interior, the Commander in Chief, the Chief of the General Staff. It shall advise and offer views on all matters pertaining to defence, the maintenance of the peace and security of the Union, the setting up of the armed forces, their equipment and development, and the determination of their camps and posts.
The Council may summon to attend its meetings any military advisers or experts or other persons it wishes, but they shall have no voice in its deliberations.
All matters pertaining to this Council shall be regulated by means of a law.
The member states shall have the right to establish local security forces ready and able to join the defensive machinery of the Union, if need arises, to defend the Union against any external aggression.
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 law 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 of the Union may call upon the aid of the local armed forces belonging to any Emirate for this purpose provided 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 steps which cannot be delayed, which are considered necessary and may call the Supreme Council into immediate session.
Under no circumstances may any of the provisions of this constitution be suspended, except through a declaration of martial law and within the limits prescribed by the law providing for such martial law.
Notwithstanding the foregoing, sessions of the Union National Council may not be suspended during that period nor may the immunity of its members be violated.
Martial law shall be declared by a decree promulgated with the assent of the Supreme Council on the basis of a proposal made by the President of the Union with the agreement of the Council of Ministers of the Union in case of necessity which shall be defined by law. Any such decree shall be transmitted to the Union National Council at its next meeting.
Martial law shall be similarly lifted by decree with the assent of the Supreme Council when the need for which it was imposed no longer exists.
The implementation of this Constitution notwithstanding, treaties or agreements concluded by member Emirates with states or international organisations shall remain in force until such time as these treaties or agreements are amended or abrogated by agreement between the parties concerned.
All matters established by laws, regulations, decrees, instructions and decisions in force in the various member Emirates of the Union, and in accordance with the prevailing situation in them at the time when this constitution becomes effective, shall continue provided they are not amended or cancelled in accordance with the stipulations 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.
As an exception to the provisions of Article 121 of this constitution the Emirates may promulgate legislation necessary for the regulation of the matters set out in the said Article without violation of the provisions of Article 151 of this constitution.
The Union authorities shall strive to issue the laws referred to in this constitution as quickly as possible so as to replace the existing legislation and regulations, particularly anything which is not consistent with the provisions of the constitution.
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 precedence over the legislation, regulations and decisions issued by the authorities of the Emirates.
In the 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 Supreme Court of the Union for its ruling.
This Constitution shall take effect from the date stipulated in a declaration to be issued by the Rulers signatories to this Constitution.