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The Judicial Authority

The judicial authority is vested in courts of law in accordance with the provisions of the constitution; and courts judgments are pronounced in the name of the Emir. Article 129 of the constitution stipulates that the supremacy of law is the base of rule in the state; and the honor of the judiciary, its integrity and the impartiality of judges are a safeguard of rights and liberties. The judicial authority is independent and is vested in courts of different types and grades. The courts make their judgments according to the law. Judges are independent. They are not subject to any power in the exercise of their judicial functions as provided by the law; and no interference whatsoever is permitted with court proceedings and the course of justice. Court sessions are open to the public save when a court decides, for the interest of public order or morality, to hold them in camera. In all cases, the pronouncement of judgments is made in an open session.

Judges are not subject to removal from office save in cases specified by the law. The said law also specifies the rules and disciplinary matters applicable to judges. The right of litigation is inviolable and is guaranteed to all people. The law specifies the procedures and manners of exercising this right. The judiciary shall have a supreme council to supervise the proper functioning of courts of law and their auxiliary organs. The law determines the composition, powers and functions of the said council. The law determines the competent body entrusted with the settlement of administrative disputes and defines its structure and manner of discharging its functions. The law specifies the competent judicial body for settling the disputes pertaining to the constitutionality of laws and regulations, defines its powers and methods of challenging and procedures to be followed before the said body. It also specifies the consequences of judgment regarding unconstitutionality.

Public Prosecution

Public Prosecution conducts public actions in the name of the people, supervises the law enforcement and ensures the enforcement of criminal laws. The law specifies the conditions and guarantees pertaining to the staff discharging the functions of the same.

The Judiciary

The judicial authority law, issued in 2003, defines the manner in which courts of law shall play their role in the society. It stipulates that Judges are independent and shall not be subject to removal from office save in cases specified by the law; and the independence of the judiciary is inviolable and is protected by law against interference from other authorities.

Courts of law are divided into the following categories:

Each court decides on the cases referred to it in accordance with the law. Other preliminary courts can be formed in other towns as per a decision from the judiciary supreme council.

The following decisions were taken regarding the organization of the judiciary functions:

The Judiciary Supreme Council

The judiciary Supreme Council was set up in 1999 to ensure the independence of the judiciary. It discharges the following functions:

Presidency of Courts of Justice

A president is appointed for the courts of justice to discharge the following functions:

1- Organize judiciary work at courts of law and distribute work duties between the judges.

2- Assign any of the judges of the courts of justice to undertake the duties of any other judge of these courts on a temporary basis.

3- Take the decision on disciplinary actions to be taken against the employees of the courts of justice in accordance with the general civil service law.

The president of courts of justice is the only official to report to the Minister of Justice on administrative and financial organizational aspects, supervision and inspection affairs at the courts of law, in addition to supervising the behavior of judges and managing and inspecting their financial and administrative affairs.

Presidency of Shari'a Courts

1- The Presidency is composed of the following main administrative units:

2- Preliminary Shari’a court which comprises the following chambers:

3- Administrative and Financial Affairs

4- The Technical Office

5- The Judicial Inspection Office

The most outstanding achievements in the field of the judiciary:

Organizing two judicial forums: the first in 2002 under the headline (Justice for All) and the second in 2002 under the headline (The Role of Experts in Settling Disputes – the limits and controls of this role).