Mr. Bader Mishari Al Hammad
Former Acting Vice President of the Financial Audit Authority (2021)
& Former Assistant Undersecretary for Financial Audit Affairs
Ministry of Finance, State of Kuwait

Abstract:

Decree-Law No. 15 of 1979 regarding the civil service system established basic principles for the civil service, especially since it founded, in its provisions, a civil service council entrusted primarily with drawing up the state’s general policies related to employment affairs. The issuance of a decree pertinent to this law has resulted in some problems due to its issuance in light of the existence of laws and decrees establishing and regulating government agencies and they included provisions for regulating employment affairs. Therefore, this study came to address an important issue which is the extent of the dominance of the Civil Service Council over government agencies in general, and independent bodies and institutions in particular. It also came to address a number of problems pertaining to the scope of application of Decree-Law No. 15 of 1979, as well as the dominance of the Civil Service Council over government agencies, and whether or not those entities are bound by the provisions of the civil service.
In order to address these problems, this study relied on the methodology of historical reading of the legislation regulating employment affairs and its impact on reality. The study consists of several axes: the first concerns the regulatory aspects of the relevant supervisory bodies related to employment affairs, and the second relates to the limits of the Civil Service Council’s mandate over the employment affairs systems of bodies and institutions with independent budgets. As for the third, it relates to the concerned agencies’ handling of the fact that the Civil Service Council dominates over employment affairs in the state.
The study came to the conclusion that the issuance of Decree Law No. 15 of 1979 regarding the civil service imposed a new reality on government agencies, which is the establishment of the dominance of the Civil Service Council over bodies and institutions with independent budgets, while the laws of establishing and organizing government agencies did not stipulate otherwise, and that there are clear roles for each of Council and the Civil Service Bureau as well as the Department of Fatwa and Legislation regarding issuing binding interpretations of civil service legislation for government agencies emphasizing the importance of coordination among them in this regard, and regarding the prior study of laws establishing government agencies.

Key words: civil service council, prior financial audit, civil service law, regulatory bodies, civil service legislation.

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