Article 45 of the Saudi Law of the Judiciary
المادة 45 من نظام القضاء
The article provides that members of the judicial corps enjoy the rights and guarantees in the Civil Service Law and the Retirement Law and observe the civil service duties that do not conflict with judicial work, without prejudice to the Law of the Judiciary.
Official text (Arabic)
This article has not been amended since the law was issued.
مع عدم الإخلال بما يقتضيه هذا النظام من أحكام يتمتع أعضاء السلك القضائي بالحقوق والضمانات المقررة في نظام الخدمة المدنية ونظام التقاعد ، ويلتزمون بما نص عليه نظام الخدمة المدنية من واجبات لا تتعارض مع طبيعة الوظيفة القضائية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 45 explained in plain English
This article sets out the relationship between the Law of the Judiciary and the Civil Service Law and the Retirement Law as regards members of the judicial corps, and rests on three elements:
- Rights and guarantees: members of the judicial corps enjoy the rights and guarantees set out in the Civil Service Law and the Retirement Law.
- Duties: they are bound by the duties set out in the Civil Service Law, provided these do not conflict with the nature of the judicial post.
- Priority of the Law of the Judiciary: all of this is "without prejudice to the provisions this Law requires", meaning that the special provisions of the Law of the Judiciary take precedence over the general provisions of the other two laws.
This means a judge is a public employee who benefits from the general provisions for employees, but his post is of a special nature. Examples of special provisions in the Law of the Judiciary are what Article 44 provides: the probation of a judicial lieutenant is two years, a person appointed initially is on probation for one year, and a person appointed for the first time is given an allowance equal to three months' salary. Another is what Article 46 provides: a member of the judicial corps, other than a judicial lieutenant or a person appointed initially on probation, is not removed except on the grounds specified in paragraphs (f, g, h) of Article 69 and under the procedures set out in the Law.
The article itself does not set out the details of these rights or duties, but refers to the Civil Service Law and the Retirement Law, which are consulted on matters for which the Law of the Judiciary has no special provision.
Practical example
A judge at a court in Dammam wants to know the provisions that govern his retirement. Under Article 45, he enjoys the rights and guarantees set out in the Retirement Law, unless the Law of the Judiciary contains a special provision requiring otherwise.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 45 of the Saudi Law of the Judiciary
Are judges subject to the Civil Service Law?
Members of the judicial corps enjoy the rights and guarantees of the Civil Service Law and are bound by its duties that do not conflict with the nature of the judicial post, without prejudice to the provisions of the Law of the Judiciary.
Does the Retirement Law cover judges?
Yes. The article provides that they enjoy the rights and guarantees set out in the Retirement Law.
What if a civil service duty conflicts with the nature of the judiciary?
A judge is bound only by those civil service duties that do not conflict with the nature of the judicial post.
More articles on Rights and Duties of Judges
- Article 3
The article prevents transferring judges to other posts except with their consent or because of their promotion and in accordance with the Law, without prejudice to Article 49.
مع عدم الإخلال بحكم المادة التاسعة والأربعين من هذا النظام، لا ينقل القضاة إلى وظائف أخرى إلا برضاهم أو بسبب ترقيتهم ووفق أحكام هذا النظام.
- Article 48
The article provides that the salaries of members of the judicial corps in all their grades follow their own salary scale.
تكون رواتب أعضاء السلك القضائي بجميع درجاتهم وفقًا لسلم الرواتب الخاص بهم.
- Article 49
The article limits transferring and seconding judges within the corps to a decision of the Supreme Judicial Council, and outside it to a royal order, with secondment and loan lasting one year, renewable for another.
لا يجوز نقل أعضاء السلك القضائي أو ندبهم داخل السلك القضائي إلا بقرار من المجلس الأعلى للقضاء . كما لا يجوز نقل أعضاء السلك القضائي أو ندبهم أو إعارتهم خارج الس
- Article 50
The article gives the president of the Supreme Judicial Council, by his decision, the power to grant judges leave within the limits of the provisions governing it.
يرخص رئيس المجلس الأعلى للقضاء - بقرار منه - للقضاة بالإجازات في حدود الأحكام المنظمة لذلك.
- Article 51
The article prohibits combining judicial office with engaging in trade or any post or work inconsistent with judicial independence and dignity, and allows the Supreme Judicial Council to bar a judge from any work that conflicts with his duties.
لا يجوز الجمع بين وظيفة القضاء ومزاولة التجارة، أو أي وظيفة أو عمل لا يتفق مع استقلال القضاء وكرامته. ويجوز للمجلس الأعلى للقضاء أن يقرر منع القاضي من مباشرة أي
- Article 52
The article prohibits judges from disclosing the secrecy of deliberations.
لا يجوز للقضاة إفشاء سر المداولات.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.