UAE: Application of the Law with Regard to Time and Public Policy
Type
E-journal
Date
15 Apr 2016
Jurisdiction
United Arab Emirates
Taxonomy
General Constitutional Law
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Analysis
The general rule in the UAE is that laws only apply to events which occur after the law comes into force. Laws come into force either on the date they are published in the monthly gazette (a translation of which can always be found at the back of Law Update) or immediately from the date the law is signed.
Summary
The law itself will usually state by which method the law is to come into force. Laws do not apply retrospectively unless this is stated in the law. The exception is that if the law relates to issues of public policy, then the law will apply retrospectively regardless of whether the law itself states this.
For this purpose, ‘law' is defined widely to include orders issued by HH the Ruler of Dubai, whether in the form of a law, decree, or directive (written or verbal), all being equally enforceable as acts of the Ruler who has the power to pass all legislation for the Emirate of Dubai.
The Facts of the Claim