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A lawsuit is considered an administrative lawsuit if the state or one of its departments is a party, whether as plaintiff or defendant. In this article, we will review the subject of appeals in the UAE’s administrative judiciary, explaining the procedures involved. We also emphasize the importance of seeking the expertise of the best administrative lawyers at Samaha Law Firm and Legal Consultancy. Feel free to click here to contact the firm and obtain the best formula for appealing administrative judiciary rulings.

table of contents

1. Appeal in administrative judiciary
2. Levels of litigation in administrative judiciary
3. The most important administrative issues under consideration in the UAE
4. Administrative Court Appeal Dates
5. Appeal procedures in administrative cases
6. Procedures for appealing an administrative lawsuit ruling
7. Submitting the appeal electronically
8. Frequently Asked Questions
9. Appeal in administrative judiciary

Jurisdiction to hear administrative cases in the United Arab Emirates is vested in the federal courts at the level of each emirate.

Levels of litigation in administrative judiciary

The administrative judiciary in the UAE consists of two levels: the first is the Federal Courts of First Instance, and the second is the Administrative Courts of Appeal. At the apex of this system is the Federal Supreme Court. If anyone has an administrative case and wishes to sue a government department, they must file their lawsuit with the competent Federal Court of First Instance, in accordance with the rules of jurisdiction. If there is no federal court in the city,

He may file a lawsuit before the local court of first instance. Prior approval is required to file such a lawsuit against government institutions.

The most important administrative issues under consideration in the UAE

Here are the most important of these issues:

• Issues related to human resources law, which include all claims related to dismissal from service and claims for compensation.
• Issues related to administrative contracts concluded between state institutions or between state institutions and individuals.
• Issues related to public tenders and procurement laws.
• Cases of canceling administrative decisions.
• Compensation issues for administrative decisions.
• Expropriation issues for public benefit.
• Any dispute arising between private individuals and state institutions.

Administrative Court Appeal Dates

The Federal Court of First Instance issues its ruling in the administrative case, which may be appealed before the competent Federal Court of Appeal. A cassation appeal against the appellate ruling in the administrative case may also be filed before the Federal Supreme Court.

As for the procedures for appealing judgments issued by first-instance courts in administrative cases, they follow the same procedures and conditions required for appeals in accordance with the provisions of the UAE Civil Procedure Code, unless there are special legal provisions regulating the case.

Accordingly, the appeal deadlines in civil cases also apply to appeals in administrative cases, where the appeal period is 30 days, starting from the date of announcement of the judgment.

The convicted person, unless there is a deadline for appeal stipulated in special laws.

If neither party files an appeal within the statutory period, the judgment becomes final and binding. The respondent also has the right to file a counter-appeal or a subsidiary appeal before the close of pleadings.

Appeal procedures in administrative cases

It follows the same procedures as those used in appeals in civil cases, according to the UAE Civil Procedure Law.

We recommend that anyone with an administrative case that has been ruled upon by the Federal Court of First Instance and who wishes to appeal that ruling before the Federal Court of Appeal seek the assistance of Samaha Law Firm and Legal Consultancy, which provides them with the best lawyers specializing in this field.

Procedures for appealing an administrative lawsuit ruling

The appellant or his representative must submit the appeal memorandum to the competent appeal court, including all information related to the appeal, including the name of the appellant and the respondent, the number and date of the appealed judgment, and the number and date of the case in which the judgment was issued.

The appeal brief must contain all the facts relevant to the case, and the appeal’s submissions must be presented in order for it to be accepted in terms of form and content.

The appellant must pay the appeal fee of two thousand dirhams to the treasury of the Court of Appeal.

The Case Management Office of the Court of Appeal must also request that the initial case file be attached electronically or in paper form starting from the day following the filing of the appeal.

The court of first instance must send the case file, whether electronically or in paper form, within ten days from the date of the request.

It is worth noting that the appeal transfers the case to the Court of Appeal in the same condition it was in before the ruling was issued.

The Court of Appeal decides the case, either upholding the initial ruling or ruling it invalid. In this case, the court may issue a new ruling or refer the case back to the court of first instance for reconsideration. This applies if the lower court ruled that it lacked jurisdiction or accepted a secondary plea that prevented the case from proceeding.

Submitting the appeal electronically

According to the UAE Civil Procedure Law, the appellant has the right to file his appeal electronically. He can do so by visiting the Ministry of Justice website and submitting an electronic appeal form in administrative cases, according to the following steps:

1. Enter the appellant’s information, including name, phone number, capacity, and address, in addition to the information of the agent, if any.
2. Enter the respondent’s data, including name, phone number, and address, indicating whether he is an original plaintiff or an original defendant.
3. Enter information related to the initial ruling to be appealed, such as its number, date, ruling, and the case in which it was issued.
4. Completing appeal-related requests, such as a request to accept the appeal in terms of form, amend the first-instance ruling, cancel the first-instance ruling, or any other requests.
5. Listing the reasons for appealing the initial ruling, such as the inadmissibility of the case due to the existence of an arbitration clause, or the lack of jurisdiction of the first instance court.

View appeal details.

Go to the appeal supporting documents folder and submit all supporting documents, including the appealed court ruling. Signature of the appellant and date of submission of the appeal.

Frequently Asked Questions

• Is it permissible to appeal administrative cases?
• Is it permissible to appeal after the appeal ruling?

At the end of our article on appeals in administrative courts, we hope we have provided a comprehensive explanation of all aspects related to this topic and its procedures. We also emphasize the importance of seeking the services of the best law firm in the UAE, Samaha Law Firm and Legal Consultancy.