Legislative Decree No. 63 of 2025 revokes the authority of Law No. 12 of 1963, which previously outlined the internal regulations of the National Assembly, rendering those regulations currently ineffective.
A Shake-Up in Kuwait's Political Landscape: Decree-Law No. 63 of 2025
In a move that's stirring up a storm in Kuwait's political sphere, the government has rolled out Decree-Law No. 63 of 2025. This decree effectively suspends Law No. 12 of 1963, which governs the internal regulations of the National Assembly. The ruling was published in the official supplement of the government gazette, Kuwait Alyawm, and went into effect upon its publication.
Duration of the Suspension
The decree calls for a suspension of all provisions of Law No. 12 of 1963, plus any decisions and regulations issued under its authority, particularly those managing the administrative and employment affairs of the General Secretariat of the National Assembly. This suspension lasts until one of two events:
- The end of the four-year period specified in the Amiri Order, issued on May 10, 2024, or
- The election of a new National Assembly following the implementation of this decree-law.
Notably, Article 178 of Law No. 12 of 1963 is an exception to this suspension. This article outlines what happens when the Assembly is dissolved – the General Secretariat is attached to the Presidency of the Council of Ministers, ensuring a legal link for its operations.
Legal and Administrative Repercussions
Employees of the General Secretariat will now be subject to the provisions of Decree-Law No. 15 of 1979 concerning the Civil Service and the Civil Service System issued in 1979, including any amendments. These provisions will oversee the employment, administrative, and financial affairs of the Secretariat's staff until Law No. 12 of 1963 is reinstated.
The decree nullifies any legal provisions conflicting with its terms, while Article Four mandates the Prime Minister and concerned ministers to implement it, effective from the moment of its publication in the Official Gazette.
Deeper into the Politics
The decree is a response to the Amiri Order dated May 10, 2024, which dissolved the National Assembly and suspended several constitutional articles relating to parliamentary functions for a maximum of four years. These suspended articles include key ones shaping the legislative functions and composition of the National Assembly.
With the National Assembly dissolved and its internal regulatory law considered inapplicable, the decree addresses the inconsistency between employment regulations previously applied by the National Assembly Secretariat and the State Civil Service System.
Resolutions like No. 26 of 2009 and No. 46 of 2014, governing salaries, benefits, and administrative procedures within the Secretariat, are deemed conflicting with broader state employment laws due to the benefits they provided, which are now deemed to lack a legal basis following the suspension of the underlying law.
Ultimately, the decree aims to create unity in employment regulations applied across all state entities, eliminate discrepancies in employee benefits, and align the current administrative framework with the existing constitutional and legal structure during the suspension period.
- The government-imposed Decree-Law No. 63 of 2025, stirring debate in Kuwait's political landscape, has suspended Law No. 12 of 1963, governing the National Assembly's internal regulations.
- The suspension, detailed in the decree, lasts until either the end of the four-year period specified in the Amiri Order of May 10, 2024, or the election of a new National Assembly following its implementation.
- Meanwhile, employees of the General Secretariat are now subject to the provisions of Decree-Law No. 15 of 1979, including any amendments, overseeing their employment, administrative, and financial affairs.
- The decree, in response to the 2024 Amiri Order, seeks to create unity in employment regulations, eliminate discrepancies, and align structures during the suspension period, nullifying any conflicting provisions.
