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Appeals review committee rejects 9 different appeals

KUWAIT CITY, Jan 2: The Constitutional Court’s Appeals Review Committee headed by Counselor Yusuf Al-Mutawa rejected nine different appeals in several government laws, decisions, and regulations recently ,reports Al-Anba daily.

The committee ruled to reject an appeal against the constitutionality of Articles 91, 92 and (3/107) of the Social Security Law No. 61 of 1976 amended by Law No. 127 of 1992, after the appellant invoked a violation of Articles 7, 11, 22, 24 and 25 of the Constitution.

The committee also rejected the constitutional challenge to Resolution No. 10 of 2005 and the tables attached to it and amended by Resolution No. 19 of 2010 regarding the allowances and bonuses of Kuwaiti employees in the Department of Civil Aviation, in what it contained in the omission of the inclusion of civil workers in the Monitoring and Radar Liaison Department of the Coast Guard Department, including the appellant among those entitled to the allowances.

The remunerations for employees of the Air Navigation Department at the Civil Aviation Administration are called a “radar observer” position, in violation of Articles 7, 8, 29 and 41 of the Constitution. The committee also rejected the challenge to the constitutionality of item (a) of the first article of Law No. 44 of 1968.

The committee also rejected an appeal against the constitutionality of Articles 16, 17, 18 and 19 of Chapter Two related to the Kuwaiti Financial Investigation Unit from Chapter Two of Law No. 106 of 2013 regarding combating money laundering and terrorist financing, after the appellant invoked a violation of Articles 7, 8, 16, 29, 30, 31, 39, 50, 162, 163 and 167 of the constitution, and the constitutionality of the last paragraph of Article 2 of Chapter One – Chapter One of the same law, in violation of Articles 32, 33 and 34 of the Constitution.

This is in addition to the rejection of the challenge to the constitutionality of the phrase contained in Article 244 of the Penal Code, which is “or anything else that was not stipulated in the previous article”, after the appellant invoked a violation of Articles 32 and 34 of the Constitution. The committee rejected an appeal submitted by a female citizen who objected to the constitutionality of Article 1 of the decision of the Chairman of the Kuwaiti Credit Bank Board No. 85 of 2015 regarding the regulation of social loans, which included the granting of a Kuwaiti citizen the first marriage in a social loan, citing the limitation of this right to the husband without the wife in violation of Articles 7 8, 9, 11 and 29 of the constitution.

And the grounds of refusal to the appeal the committee confirmed that the husband is the head of the family legally and legally responsible for spending on his wife and family, as well as that he is committed to the material burdens of marriage, and therefore there is no similarity between the legal status of wife and husband in this regard.

The committee also rejected an appeal against the constitutionality of the first article of the Ministry of Higher Education Decree No. 20 of 1994 in its stipulation of “not adopting the educational system by affiliation to obtain the first educational degree” after the appellant invoked a violation of Articles 13 and 40 of the Constitution.

The committee rejected an appeal similar to the constitutionality of the first article of the Ministry of Higher Education Decree No. 20 of 1994 and rejected another appeal against the constitutionality of articles 4 and 17 of the executive regulations of Law No. 46 of 2006 regarding Zakat and the contribution of public and closed companies in the state budget issued by Ministry of Finance Resolution No. 58 of 2007, after the appellant claimed a violation of Articles 7, 18, 19, 20 and 24 of the constitution.

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