His Highness Sheikh Dr. Sultan bin Muhammad Al Qasimi, Supreme Council Member and Ruler of Sharjah, issued Decree-Law No. (6) of 2020 regarding the establishment and organization of the Legal Department of the Government of Sharjah.
Pursuant to this decree-law, a department for legislative and legal affairs will be established in the Emirate of Sharjah called: “The Legal Department of the Government of Sharjah”, and known in English as: “Sharjah Government Legal Department”.
It has the legal personality and legal capacity necessary to achieve its goals and exercise its functions, it is affiliated with the Executive Council of the Emirate of Sharjah, and it is technically independent.
The main headquarters of the department shall be in the city of Sharjah, and upon the approval of the Executive Council of the Emirate of Sharjah, it may establish branches and offices for it in the rest of the cities and regions of the emirate.
The department aims to achieve the following:
1. Achieve leadership and excellence in governmental legal work through rational legal opinions, balanced, effective and sustainable legislation that is efficient and meets the legislative policy of the emirate.
2. Establishing unified methodological standards for the legislative and legal work in the Emirate.
3. Providing various types of legal services to the government, council, and government agencies, and supervising all matters related to legal affairs in the Emirate.
4. Strengthening the legal principles and the integrated legislative system, and working to ensure the optimal implementation of the rule of law and the rules of justice, in support and keeping pace with the development witnessed by the Emirate in various fields.
In order to achieve its objectives, the department may exercise the following competencies:
First: specializations related to Emiri legal affairs:
1. Providing legal advice to the governor and his deputies.
2. Study issues, issues and requests referred to it by the ruler or his deputies, submit reports, opinions and recommendations, and take all necessary in their regard.
3. Coordination with the competent government agencies in all matters related to Emirati legal affairs, including the certification of signatures of official and unofficial documents.
4. All that was assigned to him by the ruler or his deputies.
Second: Legislative Powers:
1. Preparing and drafting laws, emiri decrees, decisions, orders and all local legislation issued by the ruler or his deputies in accordance with the approved stages and procedures.
2. Preparing, drafting and reviewing decisions, organizational and executive regulations, and administrative control regulations issued by the Executive Council of the Emirate of Sharjah.
3. Study and review draft legislation proposed by government agencies in form and content, and amending them in coordination with the concerned government agency.
4. Interpretation of legislative texts and provisions contained in local legislation, and issuance of explanatory notes and explanatory annexes regarding them.
5. Ensure that local legislation is consistent with the provisions of the federal constitution of the state and the federal legislation issued pursuant to it.
6. Study and review draft federal legislation, and make observations and proposals of the government in their regard.
7. Receive federal laws and decrees and take whatever is necessary to present them to the governor or his representative for approval and return them to the competent ministry.
8. Review the local legislation in force and take the necessary steps to update it from time to time.
9. Forming technical committees for local legislation and representing the government in the federal legislative technical committees.
10. Involving relevant, experienced and competent government agencies in discussing draft federal and local legislation.
11. Collecting the origins of legislation and working to preserve and document them in accordance with the best standards and practices adopted in this regard.
12. Translating the local legislation in force or approving the proposed translations into foreign languages by government agencies.
Third: specializations related to legal advice and support:
1. Providing legal opinion and advice to the government, the Executive Council of the Emirate of Sharjah and government agencies on legal issues and issues, upon request, to enable them to practice the competencies and tasks assigned to them.
2. Issuing and disseminating legal opinions and opinions.
3. Preparing, studying and reviewing draft contracts, agreements and memoranda of understanding to which the government or government agencies are a party, upon the request of those authorities, and their legal representation in the negotiations related to them.
4. Reviewing all establishment contracts for institutions and companies established by the government or government agencies, or to which they are a party.
Fourth: Specializations related to legal follow-up and control:
1. Take whatever is necessary to ensure the proper implementation of federal and local legislation by government agencies, and submit the necessary reports to the Ruler or Executive Council of the Emirate of Sharjah.
2. Consider the grievances referred to the department from the governor, his deputies, or the executive council, and take the necessary action in their regard.
3. Conducting investigations into matters referred to it by the Governor, his deputies, or the Executive Council, regarding violations or matters that warrant investigation.
4. Receive and study the requests, petitions and petitions submitted to the governor or his deputies, and request the necessary information and reports on them from the security and judicial authorities, and present them to the governor or his representative, along with proposing the necessary legal recommendation in their regard.
5. Participation in initiatives committees, special or general pardon committees for wanted and convicted persons, and inmates of the correctional and penal institution in the emirate.
6. Supervising the appointment of competent legal advisors in government agencies, and the promotion of their legal employees to the rank of “legal advisor”.
7. Coordination with government agencies in following up the work of the legal departments and sections of these bodies, and seeking to raise their performance levels.
Fifth: specializations related to disputes and governmental issues:
1. Follow-up on everything related to disputes in which the government or government agencies are a party inside and outside the country.
2. Receive complaints and cases against government agencies, seek to settle them amicably, and represent the government and government agencies in cases and disputes before the competent judicial authorities, conciliation and arbitration committees and centers.
3. Supervising the appointment of lawyers and experts, and coordinating with the Ministry of Justice to delegate lawyers specializing in government issues to represent the government and government agencies before the judiciary when needed.
Sixth: General Competences:
1. Supervising the Government’s Official Gazette.
2. Cooperating and coordinating with the Ministry of Justice and the competent judicial authorities in all matters and matters related to the courts and public prosecutions in whole and in the emirate.
3. Regulating the practice of the legal consulting profession in the Emirate, and authorizing the establishment of legal consulting offices.
4. Supervising the training of legal professionals in the government and qualifying local cadres to benefit from them by government agencies by organizing courses, training programs and workshops in all legal specialties.
5. Collecting, preserving and documenting all documents and papers related to agreements, memoranda, and contracts concluded by the government or government agencies with official agencies inside and outside the country.
6. Preparing and publishing specialized legal research, studies and publications.
7. Conclusion of contracts, agreements and memoranda of understanding after approval by the Governor or the Council.
8. Any other functions assigned to the department by the governor or the council.
According to the articles of the Decree-Law, the department is administered under the supervision of the Executive Council of the Emirate of Sharjah, a consultant whose appointment and determination of his financial and employment degree is issued by an Emiri decree, and he is assisted by a sufficient number of legal advisors and experts, and has the necessary powers and powers to manage the affairs of the department and take the necessary decisions to achieve its goals and in particular he has the following: :
1. Proposing the general and strategic policy necessary to achieve the department’s objectives and submitting them to the Executive Council for approval or taking the necessary action regarding them.
2. Supervising the workflow in the department in accordance with applicable legislations and regulations, issuing administrative decisions and following up on their implementation.
3. Form the permanent and temporary committees and work teams of the department and define their functions and system of work.
Representing the department in its relationships with others.
4. Representing the department in concluding contracts, agreements, memoranda of understanding and partnerships after being approved by the Executive Council.
5. Representing the department in attending sessions to discuss draft laws, decisions and regulations of all kinds in the Executive Council or the advisory council of the emirate.
6. Asking the concerned authorities to obtain administrative and technical support. He may seek the assistance of experts, consultants, and expert houses of competence in all matters related to the work of the department, and he may cooperate with other authorities on issues that fall within the department’s objectives and competencies.
7. Delegating some of his powers and powers to other employees of the Department in accordance with the legislation in force in the Emirate.
8. Any other tasks or functions assigned to it by the governor or the council.
The decree-law defined and based on the proposal of the consultant and the approval of the Executive Council, the organizational structure of the department shall be issued by an Emiri decree.
The financial resources of the department consist of:
1. Government allocations.
2. Self-revenue for the department as a result of exercising its functions.
3. Any other resources approved by the Board.
The decree-law clarified a number of final provisions, which it defined as follows:
1. The name “Legal Department with the Ruler’s Office” shall be replaced wherever it is mentioned in the texts and provisions of the legislation in force, with the name “The Legal Department of the Government of Sharjah.”
2. The employees of the Legal Department at the Ruler’s Office shall be transferred to the Department with their ranks and financial allocations.
The following shall be issued by decisions of the Executive Council based on the consultant’s proposal:
1. The decisions necessary to implement the provisions of this Decree-Law.
2. Topics that are not stipulated in the regulation of this Decree-Law in a manner that does not contradict or contradict its provisions.
The department is exempt from all taxes and local government fees in all their forms and types, with the exception of consumption fees.
The advisory council of the emirate shall be informed of this decree-law as soon as it is convened.
This decree shall be enforced by law from the date of its issuance, and the concerned authorities shall implement each in its own jurisdiction, and any judgment that contradicts its provisions shall be repealed and published in the Official Gazette.