Limits of the Audit Bureau’s authority to regulate its Employment affairs (2)

We discussed in the previous article the legal framework that regulates the rules for appointing the Chief and leaders of the Audit Bureau and all its technical and other employees, and the rules that define their job financial entitlements, and in this article, we will explain what distinguishes the Bureau from other government agencies in the affairs of its employees.

According to Article (47), the Audit Bureau law stipulates that a supreme committee shall be established in the Bureau that shall have the powers of The Cabinet and the Office of Personnel in the matter of employment affairs, and the committee members:

1. The Chief of the Audit Bureau (Chairman).
2. The Chief of the National Assembly’s Financial and Economic Affairs Committee.
3. The Chief of the National Assembly’s Legislative and Legal Affairs Committee.
4. The Chief of Fatwa and Legislation Department.
5. The Chief of Civil Service Bureau.
6. Representative of the State Audit Bureau.

Now, what is the truth about the Audit Bureau’s privacy regarding its employees’ affairs, based on the provisions of Article (47)?

From the texts referred to in this article and the previous article, we benefit from the provisions that regulate the employment affairs at the Audit Bureau, which apply to leadership positions and other technical and non-technical positions, as well as benefit from the legal texts some privacy granted by the legislator to the Accounting Bureau related to employment affairs, specifically Article (47) of the provisions related to the functions of the Supreme Court in the Bureau, which is based on two main aspects, namely:

• The committee has the powers that the laws and regulations grant to The Cabinet in employment affairs about all the state’s civil servants.
• The committee has the powers that the laws and regulations confer on the Civil Service Bureau in matters of employment concerning other civil state employees.

Concerning the powers of The Cabinet in the affairs of employment, looking at the powers of The Cabinet according to the internal regulations of The Cabinet issued in its session No. (48/63) held on 11/11/1963, it was mentioned within those powers to issue exceptional decisions and approve the salary or remuneration.

Although these specializations were not issued by law, in my opinion, such jurisdiction issued by the decision of The Cabinet will not have the legal force of the laws regulating employment affairs in the state, according to Article (155) of the constitution, which stipulates that the law regulates salaries, pensions, compensation, subsidies, and bonuses.

Concerning the powers of the Employees Bureau, the Civil Service Bureau (formerly the Employees Bureau) does not have the powers that relate to employment affairs except within the limits of Law 15 of 1979 regarding the civil service, and the decree issued on April 4, 1979, in the matter of the civil service system, especially since The aforementioned law has established in its provisions a Civil Service Council, in which it defines its terms of reference that differ from those of the Civil Service Bureau.