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The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 4
521-532
EN
After the passing of UAE Federal Law 28 of 2005 concerning personal affairs, the UAE legislator initiated the use of telecommunications technology for judicial notices, thus making notifications via email or fax legal. The use of the same technology was further emphasized after the amendment of Article 8 of Civil Procedure Law 11 of 1992, by which the competent Claims Management Office was permitted, by virtue of a decree from the Minister of Justice, to declare or notify judicial notices via fax, email, or any equivalent modern means of communication specified in this regard. This field witnessed further breakthroughs with the passing of several laws and decrees, including: Federal Law 10 of 2017, which amended certain provisions in the Civil Procedure Law; Ministers Council’s Decree 57 of 2018, regarding the executive regulation of the Civil Procedure Law; and, Ministerial Decree 260 of 2019, regarding the ‘Procedural Manual for Litigation Regulation’ on using modern electronic means and telecommunication in civil procedures. Consequently, there is no doubt that this new use of telecommunications technology for judicial notices will have a number of legal implications, whether related to the method, time and data on the notice itself, the duties of the notice’s competent official, the timeframe of the notice’s legal effect, or the jurisdiction in which the notice was made. The new means of modern communication tools; as stated in the above mentioned decree; has come to be an authentic means rather just an alternative. Its significant role in trial procedures its futuristic nature and the need for speedy reliable judicial procedures.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 4
509-520
EN
The UAE legislature regulates the use of telecommunication technology in criminal proceedings pursuant to Decree Law No. (05) of year 2017 on the Use of Telecommunication Technology in Criminal Proceedings and Ministerial Decree No. (259) of year 2019 on the Procedural Manual for the Regulation of Litigation Using Electronic Means and Telecommunication in Criminal Proceedings. Despite the simple, fast and cost-effective justice this system achieves, it aims at achieving balance and equality between adversaries and supports the UAE trends in terms of using modern technology in transactions. Yet, it has emerged jurisprudential debate regarding the guarantees that can be provided to the accused when using the telecommunication technique. So, do such technologies provide the same guarantees provided by the conventional litigation proceedings?
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