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Kuwait Suspends National Assembly’s Internal Regulations Amid Parliamentary Freeze

publish time

01/05/2025

publish time

01/05/2025

Kuwait Suspends National Assembly’s Internal Regulations Amid Parliamentary Freeze

KUWAIT CITY, May 1: In a significant legal development, Kuwait has issued Decree-Law No. 63 of 2025, officially suspending the provisions of Law No. 12 of 1963, which governs the internal regulations of the National Assembly. The decree, published in the official gazette Kuwait Today, comes as a result of the Amiri Order issued on May 10, 2024, which dissolved the National Assembly and suspended certain constitutional articles related to parliamentary functions for up to four years, pending a review of the country's democratic practices.

Scope and Duration of the Suspension

The decree mandates the suspension of Law No. 12 of 1963 and all decisions made under its authority, especially those concerning the administrative and employment affairs of the General Secretariat of the National Assembly. The suspension will remain in effect until either the end of the four-year period specified in the Amiri Order or the election of a new National Assembly—whichever comes first.

Key Exception and Transitional Measures

Notably, Article 178 of Law No. 12 of 1963 remains in force. This article stipulates that, in the event of the Assembly’s dissolution, the General Secretariat is to be attached to the Presidency of the Council of Ministers, effectively placing the employees of the Assembly under the Prime Minister’s administrative structure.

Under Article 2 of the new decree-law, all employees of the General Secretariat will now fall under the jurisdiction of Decree-Law No. 15 of 1979, which outlines the country’s civil service framework. This ensures that their employment terms align with broader government standards, replacing previously granted benefits and allowances that were specific to Assembly service but are no longer applicable due to the legal suspension.

Addressing Past Discrepancies

The explanatory memorandum of the decree-law notes that Resolutions No. 26 of 2009 and No. 46 of 2014, which had established exclusive administrative and financial rules for Secretariat staff, were found to contradict Kuwait’s general civil service laws. Since these resolutions were based on now-suspended legislation, the decree aims to standardize employment terms across government entities and avoid legal ambiguities or unequal treatment among public employees.

The memorandum emphasizes that the temporary dissolution of the Assembly renders its internal regulatory framework inoperative, making it necessary to align Secretariat operations with existing national legislation. This legal clarity is particularly important, as Secretariat employees no longer perform the functions that originally justified their distinct employment conditions.

Legal Consistency and Implementation

To maintain legal consistency and support the current constitutional structure, Article 3 of the decree repeals any existing provisions that conflict with the new decree-law. Article 4 directs the Prime Minister and ministers to implement the law and states that it takes effect from the date of publication in the Official Gazette.

The decree underscores the government’s intention to preserve institutional integrity and legal order during the temporary halt in parliamentary activities. It also reaffirms that no further interpretation is needed regarding the status of Secretariat employees, as the decree provides explicit instructions concerning their transition to the civil service framework.