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I.EGAl. AND CONSTITUTIONAI. DEVELOPMENTS Iv
B. Legislation
The Provisional Constitution provides for the establishment of a
Federal National Council to be constituted of 40 members. The
seats of the said Council shall be distributed upon the Emirates as
follows: 8 seats for each of Abu Dhabi and Dubai, 6 seats for each of
Sharjah and Ras al-Khaimah, and 4 seats for each of Ajman, Umm
al-Qaiwain and Fujairah. Each Emirate shall be free to decide
whether it prefers to appoint or elect the nationals who will
represent it in this Council, (Arts. 68,69). The first Federal Council,
formed of fully appointed members, was opened by the President of
the Union on 13 February 1972. This Council now functions as a
semi-legislative body. It is, in fact, no more than a consultative
council, the advice of which is normally sought in matters related to
legislation. The powers of the Federal National Council are
specified in Articles 89-93 of the Constitution. According to Article
89, the Council shall review draft federal laws, financial bills, and
budget bills before referring them to the President and the Supreme
Council for approval and ratification. According to Article 91, the
Government is required to inform the Federal Council about the
treaties and international agreements which it concludes with
foreign countries or with various international organisations.
The procedure required for the promulgation of legislation by the
Government of the Union is described in Article 110 of the
Constitution in the following terms: (i) (a) The Cabinet of the Union
prepares the draft law and submits it to the Federal National
Council, (b) The Cabinet submits the draft law to the President of
the Union for his approval and for the submission of the draft law to
the Supreme Council for its ratification, (c) The President signs the
law after its ratification and issues it. (ii) If the Federal Council
makes any amendment to the draft law, and the President, or the
Supreme Council, does not accept the said amendment, the draft
law may be referred to the Federal Council for the second time,
after which any rejection of, or amendment thereto, the said bill
may not be accepted by the President, or the Supreme Council, and,
consequently, the President is empowered to issue the law after its
ratification by the Supreme Council, notwithstanding the Federal
Council's objection of the said law. (iii) However, in the absence of
the Federal Council, the Cabinet is empowered to effect the
promulgation of laws under the authority of the President of the
Union and the Supreme Council. The Federal Council shall be
informed about the said laws during the first meeting of its session.
Article 111 provides that laws passed in accordance with the above
procedure become operative one month after their publication in the
Official Gazette of the Union. Laws shall be published in the