The General Elections Commission in Kuwaiti law - its nature - establishment - competencies and composition "Critical Analytical Study"

The issuance of Law No. 120 of 2023 regarding the elections of members of the National Assembly, and what it introduced in terms of establishing the General Elections Commission in Kuwaiti law, led to legal movement in Kuwaiti circles regarding the legal nature of the Commission, the nature of its formation, and the mechanism for members of the Commission to join its membership, which the aforementioned law specified as being through appointment, not secondment, and what resulted from it in terms of judges’ reluctance to be members of it, which led to the issuance of Decree-Law No. 4 of 2024 to temporarily suspend the implementation of Law No. 120 of 2023 until October 1, 2024. What was raised was the problem regarding the powers of the Commission and the law referring many of these powers to the executive regulations of the law in violation of the law of delegating the powers of the legislative authority to the executive authority. In order to understand this, we will discuss through this research the legal nature of the General Elections Commission, its jurisdiction and formation according to the provisions of the aforementioned law, and what the Commission should be in order to carry out its electoral tasks correctly, as stipulated in the provisions of Law No. 198 of 2017, issued regarding the establishment of the National Elections Authority in Egypt, through the comparative critical analytical approach. In order to clarify this, we divided the research into two sections. In the first section, we discussed the legal nature of the General Elections Commission and the nature of its formation. In the second section, we explained the powers of the General Elections Commission. The study concluded with a set of recommendations, the most important of which is that we call on the legislator to amend the text of Article Two of the same law, and make the membership of the Commission by secondment rather than appointment, while the members retain their judicial functions. Since the current approach has led to judges’ reluctance to participate in the membership of the Commission, which resulted in the issuance of Decree-Law No. 4 of 2024 to temporarily suspend the implementation of Law No. 120 of 2023 until October 1, 2024.