The draft system of work of the Federal National Council Complaints Committee, which was approved by the members of the Council, last week, sets nine main conditions for accepting mass complaints against ministries and federal government agencies, which reach the Council within the framework of the oversight role that it plays in accordance with the constitution, the most prominent of which is that the complaint is directed against A federal entity, and that it be in writing, issued by a complainant who actually exists, with a definite determination (his name, place of residence and work) and signed by him, and that the complainant has a personal, direct and existing interest in submitting it, and that it be clear and specific for its intended purpose, while the new system allowed the committee to continue to hold a contract Its meetings during the period between sessions (parliamentary recess).
In detail, the Federal National Council, during its closing session of the second ordinary session of the seventeenth legislative term, which it held last Tuesday, approved the draft system of work of the Complaints Committee of the Council.
According to a parliamentary report obtained by “Emirates Today”, the Council’s Bureau discussed the draft system of work of the Complaints Committee at its fifth meeting in the second session of the 17th legislative term, which it held on June 16, 2021, and it was agreed upon with the Complaints Committee, based on the desire Common in confirming and consolidating the vital role played by the esteemed committee in exercising the competence of a Chairman of the functions of the Federal National Council stipulated by the Council’s internal regulations in the consideration of complaints received by the Council.
The new system sets nine conditions for accepting complaints, including: that they be directed against a federal entity, that they be written, issued by a definitively existing complainant (his name, place of residence and work) and signed by him, that the complainant has a personal, direct and existing interest in submitting it, that Clear and specific for its intended purpose.
The list of conditions for accepting complaints also included that they should not include offensive terms to the body against which the complaint was made or to any other parties, and that the complainant had resorted to the party to which the complaint was attributed to solve its issue and did not find a solution from it before he submitted his complaint to the Council, and that the committee had not previously considered its subject, and did not find anything new It calls for re-examination, and that the complainant submits with his complaint a copy of the valid identity card, or similar supporting evidence, and that the subject of the complaint has not been a final judicial ruling issued by one of the courts in the country, unless new facts are found that were not brought before the court.
With regard to the procedures for examining complaints, according to the new system, the complaint will be presented as soon as it is received to the Council to the Complaints Committee, which will take over the procedures for its examination unless the Chairman of the Council orders to keep it, or to address the concerned authority to complete what is estimated to be necessary to examine the complaint. The legal advisor in charge of the work of the Complaints Committee, who is assisted by a researcher in the General Secretariat, to submit a report on the legal opinion regarding the availability of the requirements for accepting the complaint stipulated in Article of this Law. The report shall be presented to the Committee upon completion of its preparation, and if the result of the report is the non-acceptance of the complaint For failure to meet the requirements for accepting the complaint, the committee, as soon as it agrees to what the report concluded, submits its opinion to the council chairman to take the appropriate decision in this regard.
If the result of the legal opinion is that the complaint fulfills the requirements for its acceptance in form, the committee may, upon its approval of the report’s conclusion, assign one or more members to follow up on the complaint, to communicate with the complainant if necessary, and to specify the papers, documents, data and clarifications required from the complainant. In its judgment, and then the legal advisor prepares a report of the legal opinion in the light of the papers, documents, data and clarifications received regarding the complaint, and the matter is presented upon completion of its preparation to the committee, so that the committee comes to a decision regarding the study of the complaint within a period of 21 days from the date of completing all papers and evidence The complaint, and the completion of hearing the parties if necessary.
After that, the committee submits the result of studying the complaint to the president of the council, to take the appropriate decision in it, and then notify the complainant, after the approval of the president of the council, of the committee’s conclusion regarding examining his complaint if the result is preservation or rejection, and the notification is through the member if a member is identified for the complaint From the committee, and the complainant may not obtain any papers or documents with the council except for the papers he submitted, and with the approval of the council chairman based on what the committee proposes in other cases.
According to the committee’s new work system, if the result of the research is acceptance of the complaint and the eligibility of the complainant, the president of the council, or the entity he determines, has the right to communicate with the complained party to reach the most appropriate solution, and without giving the complainant any papers or a statement to that effect except after the authority agrees to address his complaint The committee may also listen to the complainant and determine the method of communication with him, whether in his presence or through electronic means of communication and the video conference system. Communication with the citizen complainant is through a member of the committee in the event that one of the members determines this complaint.
With regard to communicating with the complained of, the new system permitted the committee to request, through the president of the council, the submission of answers or any data or documents, which it deems necessary for examining the complaint, from the federal entity to which the complaint is attributed, and the entity must respond with the required within a period not exceeding twenty-one A maximum of days from the date the request was received by the federal entity, and also authorized the committee to request, through the council chairman, to invite representatives of the federal entity against which the complaint was made to attend its meeting, for a number of controls, including if the nature of the complaint and the procedures for its investigation so required, and the insufficiency of papers, documents and data received from the complainant and the complained party to discuss the complaint, in addition to the need for the majority of the committee members present to agree to the request to invite the complained party, and that the representatives of the body should not be invited more than once to discuss the same complaint, and the committee submits a request to invite the representatives of the defendant to the head of the council, explaining the justifications for the invitation, The approval of the Chairman of the Council on that.
Regarding the mechanism of work and meetings of the committee, the new system clarifies that the complaints committee meets at least once every two weeks, to consider its complaints, based on an invitation from the head of the committee or the head of the council, and it must be invited to a meeting in all cases, if requested by the majority of its members. The committee’s invitation shall be at least twenty-four hours before the date of its meeting, and the committee’s agenda shall be sent to the members, assuring that the committee will continue to hold its meetings to discuss the complaints before it between the sessions of the council’s sessions, in accordance with the provisions of the internal regulations of the council.
3 tasks of the complaints committee
The new Complaints Committee work system defines three main tasks for the Complaints Committee, which include following up on complaints and receiving the necessary answers to them, examining complaints received by the Council to indicate their validity, striving among its parties to reach the most appropriate solutions, and preparing an annual report on complaints to indicate what actions have been taken regarding them.
According to the new draft, complaints are received by submitting them on paper or electronically to the office of the President of the Federal National Council, provided that all complaints are recorded in one register of their own, with serial numbers according to the date they were received, indicating the name of the complainant, place of residence and work, and a summary of their subject matter.
• The National Council approves the draft system of work of the Complaints Committee.
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