Constitution of the United Arab Emirates/Part 4-4
CHAPTER (4)
THE FEDERAL NATIONAL COUNCIL
SECTION (1)
Article (68)
The Federal National Council (FNC) consists of forty members[1]. The seats of the FNC are distributed to the member Emirates as follows:
| Abu Dhabi | 8 seats | |
| Dubai | 8 seats | |
| Sharjah | 6 seats | |
| Ras AI Khaimah | 6 seats | |
| Ajman | 4 seats | |
| Umm AI Quwain | 4 seats | |
| Fujairah | 4 seats |
Article (69)
An Emirate is free to determine the method of selection of its representatives in the FNC.
Article (70)
For a person to be a member of the FNC, that person must:
- 1. Be a citizen of an Emirate of the UAE, and resides permanently in the Emirate wich that person represents in the FNC.
- 2. Be, when selected, not less than twenty-five years of age according to Gregorian calendar.
- 3. Has civil capacity, is known for good manners and reputation, and has not previously been convicted of an offence against honor unless he has been rehabilitated in accordance with the law.
- 4. Has adequate knowledge of reading and writing.
Article (71)
A person may not be a member of the FNC and at the same time holds a public office in the UAE including ministerial portfolios.
Article (72)
The term of membership in the FNC is four years, according to the Gregorian calendar, commencing from the date the FNC holds its first session[2].
Article (73)
Before a member of the FNC assumes office in the FNC or in its committees, that member shall take the following oath before the FNC in a public session:
“I swear by Allah, the Great, that I shall be loyal to the United Arab Emirates; respect the Constitution and the laws of the UAE, and discharge my duties in the FNC and its committees honestly and truthfully.”
Article (74)
If, for any reason, a seat of a member of the FNC falls vacant before the end of the term of his membership, a substitute shall be selected within two months from the date the vacancy is announced by the FNC, unless the vacancy occurs during the three months preceding the end of the FNC’s term. The new member completes the term of membership of his predecessor.
Article (75)
The sessions of the FNC are held in the capital city of the UAE. The FNC, by way of exception, may by decision taken by majority vote of the members and subject to the approval of the Council of Ministers, hold its sessions in any other place in the UAE.
Article (76)
The FNC shall decide upon the validity of the mandateof its members. It shall also decide upon disqualifying members, if they lose one of the required conditions , by a majority of all its members and on the proposal of five among them . the FNC shall be competent to accept resignation from membership . The resignation shall be considered as final from the date of its acceptance by FNC
Article (77)
A member of the FNC represents the entire people of the UAE and not merely the Emirate which that member represents in the FNC.
CHAPTER (2)
Rules of Procedure
Article (78)
The FNC meets in an annual regular session for a minimum of seven months, commencing on the third week of October every year. The FNC may be called into a special session, if necessary. The FNC may not hear at a special session any matter other than those for which it has been called into session[3].
Article (79)
The FNC is called into session and is dismissed by decree issued by the President of the UAE subject to the approval of the Federal Council of Ministers. A meeting of the FNC convened without a formal call or in a place other than that specified for its meetings in the Constitution is deemed invalid and has no effect.
However, if the FNC is not convened for its annual regular session before the third week of November, the FNC is convened ipso facto on the twenty first of that month.
Article (80)
The President of the UAE inaugurates the regular annual session of the FNC and delivers a speech addressing the State of the Union, the major events and matters which happened during the year, and the bills and reforms the Federal Government intends to make during the new session. The President of the UAE may delegate the Vice President or the Prime Minister to open the session or to deliver the inaugurating speech.
The FNC selects, from among its members, a committee to prepare a draft reply to the inauguration speech containing the FNC’s remarks and wishes. After the reply is passed by the FNC, it is then sent to the President of the UAE to be forwarded to the Supreme Council.
Article (81)
A member of the FNC is not accountable for any opinions or views he expresses while performing his duties in the FNC or in its committees.
Article (82)
Except in case of flagrante delicto, no penal procedure may, without permission by the FNC, be taken against a member of the FNC while the FNC is in session. Where such procedure is taken while the FNC is in recess, the FNC must be so notified.
Article (83)
The FNC’s Speaker and other members are entitled from the date of taking the oath before the FNC to such remuneration as may be specified by law in addition to travel expenses from their place of residence to the place where the FNC meets.
Article (84)
The FNC shall have a Bureau consisting of a Chairman, First and Second Deputy Chairman, and two controllers, all of whom are selected by the FNC from among its members.
The term of office of the Chairman and the Chairman’s deputies expire with the end of the term of FNC or when it is dissolved, in accordance with the provisions of the second paragraph of article (88).
The term of the office of the two Controllers expires with the selection of two new controllers at the opening of the next regular annual session. Where a post in the bureau becomes vacant, the FNC selects a substitute to fill that vacancy during the remaining period.
Article (85)
The FNC shall have a General Secretariat headed by a General Secretary. The FNC’s By-law specifieswe the General Secretary’s responsibilities. The FNC makes its by-law and theis by-law is issued by decision of the President of the UAE subject to the approval of the Federal Supreme Council[4].
Article (86)
The sessions of the FNC are held in public. Secret sessions may be held upon the request of a representative of the Government, the Speaker of the FNC, or one third of the FNC’s members.
Article (87)
A meeting of the FNC is valid only if attended by a majority of its members at least. The FNC’s resolutions are taken by absolute majority of the votes of the members present, except in cases where a special majority is required.
In case of equal vote, the chairman of the session has a
casting vote.
Article (88)
The meetings of the FNC may, by decree issued by the President of the UAE with the approval of the Federal Council of Ministers, be adjourned for a period not exceeding one month provided that such adjournment is not repeated in one session except with the approval of the FNC and for once only. The period of adjournment is not calculated as part of the term of the regular session.
The FNC may be dissolved by decree issued by the President of the UAE with the approval of the Federal Supreme Council provided that the decree of dissolution calls on the new FNC to meet within sixty days from the date of the decree of dissolution. The FNC may not be dissolved again for the same reason.
SECTION (3)
Powers of the FNC
Article (89)
Without prejudice to the provisions of Article (110), federal bills, including financial bills, are presented to the FNC and, then, sent to the President of the UAE who forward them for approval to the Supreme Council. The FNC discusses the bills brought before it and may approve, amend, or reject them.
Article (90)
During its regular annual session, the FNC examines the Federal Annual General Budget Bill and the Closing Account Bill as provided in part eight of the Constitution.
Article (91)
The Government shall notify the FNC of the international treaties and conventions the Government concludes with other states and the different international organizations together with the appropriate explanations. The President of the UAE determines, by decision, the international treaties and conventions that must be referred to the FNC for consideration before they are approved[5].
Article (92)
The Federal National Council may discuss any general issue pertaining to the affairs of the UAE except where the Council of the Ministers notifies the FNC that discussing that issue is against the UAE’s high interests. The Prime Minister or the competent minister attends the deliberations. The FNC may make recommendations and determine the issues that it desires to discuss. If the Council of Ministers does not approve the recommendations, it shall so notify the FNC of the reasons of disapproval.
Article (93)
The Government of the UAE is represented in the meetings of the Federal National Council by the Prime Minister or one of his deputies, or at least by a member of the Federal Government. The Prime Minister, one of his deputies or the competent minister shall answer questions put to them by any member of the FNC requesting explanation of any matters within their jurisdiction, in conformity with the procedures prescribed in the by- law of the FNC .[6]
- ↑ The number of the members of the Council was increased by the Decision of the Federal Supreme Council 3/1972 after Ras al-Khaima Emirate joined the UAE. Six seats were allocated to Ras Al Khaimah .The previous number was (34) members .
- ↑ Article (72) was amended by Constitutional Amendment 1/2009. The term of the legislative chapter was increased from two to four years. The new term was applied to the 14th legislative chapter by Article (3) of Constitutional Amendment1/2009
which reads as follows:
“The term of the present Federal National Council shall be extended so that the term stated in Article (72) of the present Amendment be applied.”
The Amendment took force from the date it was promulgated on 10 February 2009. - ↑ Article (87) was amendment by Constitutional Amendment 1/2009.
- ↑ Article (85) was amended by Constitutional Amendment 1/2009. The previous text reads as follows:
“The FNC shall have a General Secretariat assisted by a number of employees subordinated directly to the FNC. The FNC’s by-law specifies the conditions of their service and responsibilities. The FNC makes its by-law. The by-law are issued by the President of the UAE subject to the approval of the Council of Ministers. The by-law specifies- - the responsibilities of the FNC, of the Chairman’s deputies, of the Controllers, and in general everything related to the FNC’s affairs, committees, members, General Secretariat’s Bureau, the FNC’s employees,
- - the rules and procedures of deliberations and voting, and
- - any other matters provided in the Constitution.”
- ↑ Article (91) was amended by Constitutional Amendment 1/2009. The previous text reads as follows:
“The Government shall notify the FNC of the international treaties and conventions it concludes with the other states and different international organizations together with the appropriate explanations.” - ↑ Article (93) was amended by Constitutional Amendment 1/2009 .