Kuwait Court of Cassation principle number 573

Decisions issued seconding civil servants. They fall outside the jurisdiction of the Administrative Circuit whenever, through those decisions, the administrative authority’s will was directed towards producing the legal effect intended by secondment, without using its issuance of the secondment decision as a veil concealing another decision applications for the annulment of which fall within the Administrative Circuit’s jurisdiction. - The determining consideration in ascertaining the extent of the Administrative Circuit’s jurisdiction is the true nature of the disputed decision and its constituent 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 legislator’s specification of a maximum period for an employee’s secondment of one year, renewable up to four years, is something that - 149 - Administrative accords with the nature and purpose of secondment, out of concern for the continuation of work in public services. Renewal for further periods is not permissible except after the approval of the Civil Service Council, whether the secondment is within the same entity or another entity. The challenged judgment’s departure from the foregoing view. This renders it defective for inadequate reasoning, violation of the law and error in its application.