Kuwait Court of Cassation principle number 87

Technical employees of the Audit Bureau. The legislature established a special legal regime for them covering their appointment, discipline and termination of service. The implication thereof. The provisions contained in the general law and embodied in the laws governing state civil servants do not apply to them, including Article 15 bis, added by Decree-Law No. 2 of 1989 amending certain provisions of Law 15 of 1979 concerning the Civil Service, insofar as it provides for the term of appointment and renewal. The reason for this. These technical employees occupy a legal status that can be guaranteed only by the permanence of the employment relationship, since making the term of appointment temporary would undermine the Bureau's independence and subject its technical employees to the whims of renewal, and non-renewal would become a disguised dismissal. This contradicts the guarantee of its independence established by the Constitution and the Audit Bureau Law, impairs its impartiality, and conflicts with the foundations and purposes for which it was established. - The issuance by the Civil Service Council—which has competence to issue interpretations binding on administrative authorities—of an interpretation of Article 15 bis of Decree-Law No. 15 of 1979 concerning the Civil Service indicating that the provisions of its final paragraph apply to renewal of appointments to the positions of undersecretaries and assistant undersecretaries at the Audit Bureau. This entails amending the provisions of the Audit Bureau Law by means other than the prescribed instrument and exceeding the function of interpretation to undertake the function of legislation, thereby breaching the constraints on authority and rules of competence, impairing the principle of separation of powers and the independence of the Audit Bureau, and raising a suspicion that this decision is unconstitutional. In matters of registration of commercial companies in the Commercial Register