Publication: دعوى مخاصمة القضاة وأعضاء النيابة العامة وفقًا للقانون الإماراتي
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Date
2023-03-17
Journal Title
Journal ISSN
Volume Title
Publisher
USIM Press
Abstract
The procedural system for lawsuits against members of the judiciary in the Federal Decree-Law of the United Arab Emirates No. (42) of 2022 issuing the Civil Procedure Code is one of the important topics, as the Emirati legislator did not want to hold members of the judiciary accountable according to civil liability for any shortcomings that might be committed by them during They carry out their work
entrusted to them, just as ordinary employees in the state are held accountable, but rather surround them with special protection and care. The aim of the study is to clarify the concept of a lawsuit against judges and members of the prosecution, its nature and legal basis, clarify its personal and objective scope, and analyze and evaluate its procedures. Therefore, this study uses the descriptive and analytical approach, because it It is compatible with the subject of the study, contributes to achieving and presenting detailed knowledge, and helps to provide major solutions to address the problem of the study, given that this approach deals with the subject in an analytical, comprehensive and integrated manner. Among the results of this study are the following: According to the UAE law, members of the judicial authority are not allowed to claim any compensation for mistakes committed by them during the performance of their duties except through a lawsuit, and that a lawsuit is a lawsuit that is filed against a judge or a member of the Public Prosecution To claim compensation for damages resulting from their implementation of their work, or their implementation of their powers entrusted to them, and cases of litigation cases are available exclusively in the law, such as fraud, fraud, or serious professional error .
Description
The 4th International Conference of Postgraduate Students and Academics in Syariah and Law 2023 (4th INPAC 2023)
“Pengajian Syariah dan Undang-Undang dalam Mendepani Cabaran Kontemporari”
Editors (Malay & English) : Nur Aina Abdulah, Mashitah Abdul Mutalib, Siti Syahirah Saffinee, Nur Al-Farhain Kamaruzaman, Zizi Azlinda Mohd Yusof, Mualimin Mochammad Sahid, Hussein 'Azeemi Abdullah Thaidi, Muhammad Aunurrochim Mas'ad Saleh, Haliza A. Shukor, Mariam Saidona Tagoranao.
Editors (Arabic) : Munir Ali Abdul Rab, Mahmoud Mohamed Ali Mahmoud Edris, Nurul Ain Binti Hazram, Ahmad Zaki Salleh, Baidar Mohammed Mohammed Hasan, Setiyawan Bin Gunardi, Fithriah Wardi, Lutfi Bin Mohamed Zain
Organizer: Faculty of Syariah and Law
17 March 2023
Keywords
litigation, judicial authority, gross professional error.
Citation
Abdulah, N. A., Abdul Mutalib, M., Saffinee, S. S. et al. (2023). In The 4th International Conference of Postgraduate Students and Academics in Syariah and Law 2023 (4th INPAC 2023). USIM Press.