Kuwait Court of Cassation principle number 1699

Decisions seconding civil servants. They fall outside the jurisdiction of the Administrative Circuit where the administrative authority intended by those decisions to produce the legal effect intended by secondment, without using its issuance of the secondment decision as a cover concealing another decision whose annulment falls within the Administrative Circuit’s jurisdiction. - What matters in determining the extent of the Administrative Circuit’s jurisdiction is consideration of the true nature of the disputed decision and its elements in light of what its correct characterization may reveal, without stopping at the designations bestowed upon it by the administrative authority that issued it. - The legislature’s fixing of a maximum period of secondment of an employee at one year, renewable up to four years, accords with the nature and purpose of secondment, in the interest of maintaining the operation of public services. Renewal for further periods is impermissible except after approval of the Civil Service Council, whether secondment is within the same authority or another authority. The challenged judgment’s departure from the foregoing view. Vitiates it by inadequate reasoning, violation of law, and error in its application.