Appealing Administrative Judgments in the UAE, An administrative appeal in the UAE is classified as a type of administrative lawsuit if the state or one of its departments is a party, whether as a plaintiff or a defendant.

What is an Administrative Appeal in the UAE

An administrative appeal in the UAE is a means of challenging judgments issued by First Instance Administrative Courts before a higher court, the Court of Appeals, to re-examine the subject of the dispute.

The case is transferred in its original state, and the Court of Appeals reviews it based on new evidence and arguments. The jurisdiction to hear administrative lawsuits in the UAE is held by federal courts at the emirate level.

What Are the Levels of Litigation in Administrative Judiciary in the UAE?

The administrative judiciary in the UAE consists of two levels: the first instance courts, which are the federal courts of first instance, and the second instance courts, which are the administrative appeal courts. At the top of the hierarchy is the Federal Supreme Court.

If a person has a case related to the administrative judiciary in the UAE and wishes to sue a government entity, they must file the lawsuit before the competent federal court of first instance according to the rules of jurisdiction. If there is no federal court in the city, they can file the lawsuit before the local court of first instance.

A prerequisite for filing such a lawsuit against government institutions is obtaining prior approval. By contacting a specialized lawyer like Samaha Legal Consultancy, you can file your lawsuit with the administrative judiciary in the correct legal manner.

What Are the Main Types of Cases from the Perspective of Administrative Judiciary in the UAE?

The most important types of cases are:

• Administrative judiciary cases related to human resources law.
• Administrative judiciary cases related to administrative contracts between state institutions or between state institutions and individuals.
• Administrative judiciary cases related to public tenders and supply laws.
• Administrative judiciary cases related to the annulment of administrative decisions.
• Administrative judiciary cases related to compensation for administrative decisions.
• Administrative judiciary cases related to expropriation for public utility.
• Administrative judiciary cases arising from a dispute between ordinary individuals and state institutions.

What Are the Deadlines for Appealing Administrative Court Judgments in the UAE?

The federal court of first instance issues its judgment in an administrative lawsuit. This judgment is appealable before the competent federal court of appeals. An appeal judgment in an administrative case can also be challenged before the Supreme Administrative Court.

The procedures and conditions for appealing administrative judgments from first instance courts are the same as those required for administrative appeals, according to the provisions of the Civil Procedures Law. Therefore, the time limits for civil appeals apply to administrative appeals, meaning the appeal period is one month, starting from the date the judgment is notified to the losing party, unless a different deadline is stipulated in other special laws.

If neither party files an appeal within the legal period, the judgment becomes final. The appellee also has the right to file a counter or cross-appeal before the closing of the pleadings. With the help of Samaha Legal Consultancy, you can know the deadlines for administrative appeals and understand all their legal aspects.

What Are the Procedures for Administrative Appeals in the UAE?

The procedures for administrative appeals are the same as those applied in civil appeals, as stipulated in the UAE Civil Procedures Law.
We advise anyone with an administrative case in which a judgment has been issued by a federal court of first instance and who wishes to appeal it before the federal appellate courts to seek the help of a specialized law firm like Samaha Legal Consultancy, which provides the best specialized lawyers for this purpose.

The appeal procedures are as follows:

• The appellant or their specialized lawyer, such as from Samaha Legal Consultancy, must submit the statement of appeal to the competent appellate court, including all the appeal details, especially the names of the appellant and the appellee, the number and date of the appealed judgment, and the lawsuit in which the judgment was issued.
• The statement of claim submitted by the specialized lawyer must include all the facts related to the appeal and must request its formal and substantive acceptance.
• The appellant must pay the appeal service fee of AED 2,000 to the appellate court treasury.
• The case management office at the appellate court must request the original case file, electronically or in hard copy, starting from the day after the appeal is filed.
• The first instance court must send the case file electronically or in hard copy within ten days of the request date.
• The appeal transfers the case in its original state before the judgment to the competent appellate court.
• The appellate court will either uphold the first-instance judgment or declare it void.
  >In the latter case, it may issue a new judgment or return the case to the first-instance court for a new review, especially if the initial judgment was based on a lack of jurisdiction or the acceptance of a subsidiary plea that prevented the case from proceeding. A specialized law firm like Samaha Legal Consultancy can help you get a fair and deserved judgment.

What Are the Procedures for Electronically Filing an Administrative Appeal Statement in the UAE?

According to the UAE Civil Procedures Law, an appellant has the right to file an appeal electronically by accessing the Ministry of Justice website and submitting the electronic statement of appeal as follows:

• Enter the appellant’s data, including name, phone number, capacity, and address.
• Enter the data related to the appealed first-instance judgment, including its number, date, verdict, and the lawsuit in which it was issued.
• Fill in the appeal requests, such as the formal acceptance of the appeal, the modification of the first-instance judgment, or its annulment.
• Add the reasons for appealing the first-instance judgment, such as the inadmissibility of the lawsuit due to an arbitration clause or the lack of jurisdiction of the first-instance court.
• Review the details of the appeal.
• Go to the folder for supporting documents and upload all documents that prove the appeal, including the challenged first-instance court judgment.
• Sign the appeal and date the submission of the appeal statement.

By Contacting with Samaha Legal Consultancy, you can file an administrative appeal electronically in a legally sound manner. Contact Us.