Kuwait Court of Cassation principle number 554

Technical employees of the Audit Bureau. The legislature established for them a special legal regime covering the arrangements for their appointment, discipline and termination of service. Consequence thereof. The provisions contained in the general law and embodied in the laws governing State civilian employees 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. Reason therefor. These - 458 - Procedure technical employees occupy a legal position that can be safeguarded only through the permanence of the employment relationship, since fixing a term for appointment 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. - 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 to the effect that the provisions of its final paragraph apply to renewal of appointments to undersecretary and assistant undersecretary posts at the Audit Bureau. Its entailing an amendment to the provisions of the Audit Bureau Law by means other than the prescribed instrument, and exceeding the function of interpretation to perform the function of legislation, thereby violating the limits of authority and rules of competence, impairing the principle of separation of powers and the independence of the Audit Bureau, and raising a suspicion of the unconstitutionality of this decision. 12- In matters of labour and the oil business sector:-