Lebanese Republic Presidency of the Council of Ministers Central Inspection

Law on the Establishment of the Central Inspection

Establishment of the Central Inspection

The President of the Republic, based on the Lebanese Constitution, Law of 12 December 1958, the proposal of the Prime Minister, and after the approval of the Council of Ministers, hereby decides the following:

 

Legislative Decree No. 115 of 12/6/1959 on the Establishment of the Central Inspection
Chapters
1
Chapter 1: General Provisions
Article 1: Establishment of the Central Inspection

A Central Inspection has been established within the Presidency of the Council of Ministers. Its mandate covers all public administrations and institutions, independent authorities and municipalities, as well as all permanent and temporary employees, workers, wage earners and contractors therein, and all those who receive a wage or salary from their funds, in accordance with the provisions of the laws applicable to them. The government may issue a ministerial decree expanding the mandate of the Central Inspection to include, permanently or temporarily, all institutions that are subject to the oversight of the Court of Audit. The judiciary, the Lebanese Army, the Internal Security Forces and the General Security are  subject to the oversight of the Central Inspection on the financial level exclusively, and in line with the terms and conditions of their own regulations.

Article 2: Main Functions

The Central Inspection shall perform the following functions:

  • Overseeing public administrations, institutions, and municipalities through different forms of inspection.
  • Seeking to improve administrative processes.
  • Offering advice to administrative authorities voluntarily or upon their request.
  • Coordinating joint operations between public administrations.
  • Carrying out studies, investigations and missions assigned by authorities.
Article 3: Central Inspection Organizational Structure

1.    The Central Inspection comprises two directorates: The Central Inspection Directorate and the Research and Guidance Directorate.
(The Research and Guidance Directorate was transferred to the Civil Service Council by virtue of Law No. 222 of 29/5/2000).
2.    The Central Inspection Directorate comprises the Administrative Inspectorate-General and the technical inspectorates-general.
3.    Every inspectorate-general is headed by an inspector general who reports to the Central Inspection Director. Every inspectorate-general also includes inspectors and associate inspectors. 
4.    The Central Inspection Board includes: 
a.    The Central Inspection President (chairperson)
b.    The Financial Inspector-General (member)
c.    The Educational Inspector-General (member)
 

Article 4: Staff
  1. The Board staff consists of the members mentioned in the table attached hereto. 
  2. The table may be amended, in extraordinary cases, by virtue of a decree issued by the Council of Ministers, based on the proposal of the Board Chairperson, within a maximum period of two years as of the enactment of this Legislative Decree.
2
Chapter 2: Terms & Conditions for Appointment, Transfer and Disciplinary Action
Article 5: Terms & Conditions for Appointment

1.    The Central Inspection Director shall be appointed by virtue of a decree issued by the Council of Ministers, and they must fulfil the following terms and conditions upon their appointment: 
a.    They must be 40 years of age at least. 
b.    They must have worked for 15 or more years in civil service, including a minimum of 5 years in a Category I or II (three upper grades) position. 
c.    They must not be elected to an office of a political nature at the time of their appointment or in the five years preceding their appointment.  
2.    The Research and Guidance Director shall be appointed by virtue of a decree issued by the Council of Ministers, based on the proposal of the Central Inspection Director. They shall be a Category I or II civil servant or a university degree holder with a minimum of 10 years of experience in institution management or organization. They must also be at least 35 years old upon their appointment. 
3.  a.    Associate inspectors at the Financial Inspectorate-General shall be selected from the upper grade graduates of the Department of Economic and Financial Affairs at the National Institute of Public Administration. Associate inspectors at the Administrative Inspectorate-General shall be selected from the upper grade graduates of the Department of Administration and Foreign Affairs at the National Institute of Public Administration. 
b.    Associate inspectors in all other inspectorates-general shall be selected after passing an entrance examination. Eligible candidates must be civil servants who hold a technical diploma specified by the Civil Service Council, after consulting with the Central Inspection Board and other competent administrations. They must also have a minimum of five years of service and must be aged 28 and above. 
4.    Inspectors in every inspectorate-general shall be selected after passing an entrance examination. Eligible candidates include associate inspectors who have worked in the relevant inspectorate-general for a minimum of 3 years. 
If vacancies for the inspector and first controller positions could not be filled from the pool of associate inspectors and controllers, it shall be possible to: 
    Appoint a number of associate inspectors equal to the number of vacancies in the upper category. 
    Appoint a number of controllers equal to the number of vacancies in the upper category. 
5.    Inspectors-general shall be selected from the pool of inspectors in the three upper grades of Category II civil servants whose names are listed in the table of promotions. They shall be appointed in the lowest grade of the category if the corresponding salary for the vacancy exceeds their current one. However, those eligible for promotions shall retain their right to seniority if the two salaries are equal. 
In exceptional cases, the inspector-general may be selected from the pool of Category I civil servants, provided that they have a minimum of 10 years of service and are aged 35 and above. 
6.    (Annulled by virtue of the Law of 07/02/1962)
7.    Inspectors-general, inspectors and associate inspectors are appointed by virtue of a decree issued by the Council of Ministers, upon the proposal of the Central Inspection Director, and in accordance with the Code of Civil Servants. 
8.    Within two years of the enactment of this Legislative Decree, Category II and III civil servants may be deputized to fill the positions of inspector and inspector-general, provided that they satisfy the aforementioned age, seniority and educational requirements, and the deputation period shall not exceed 5 years. The deputation shall be decided by virtue of a decree issued by the Council of Ministers, upon the proposal of the Central Inspection Director. 
9.    Upon being appointed or deputized, all civil servants mentioned in the present article shall cease any other paid work, mission or employment in public administrations or institutions and municipalities, with the exception of giving lectures in higher education institutes. However, they shall be entitled to receive remuneration for such cessation, the value of which shall be determined by virtue of a decree issued by the Council of Ministers. 
10.    Any candidate who was subject to disciplinary action beyond the first two Grade I penalties mentioned in the Code of Civil Servants shall be ineligible for the examination for the position of associate inspector at the Central Inspection Directorate or controller at the Research and Guidance Directorate. 
11.    The Central Inspection Board shall decide on the dates of disciplinary examinations to select inspectors from the pool of associate inspectors. 
These examinations are conducted by a special committee at the Central Inspection comprising: 
    President of the Central Inspection Board, as Chairperson
    Research and Guidance Director, as member
    Competent inspector-general, as member
The committee shall convene upon the chairperson’s invitation and shall set the terms of the examination and grade average. These examinations entail: 
    An appreciation grade based on the audit of the inspector’s reports and their overall work in the relevant inspection body. 
    An oral interview on the laws and regulations governing inspection activities and all administrations within the remit of the Central Inspection. 
    The committee shall issue its decision by majority vote. When needed, it may request the assistance of as many civil servants and specialists as needed to act as consultants in conducting these interviews. 
12.    The appointment of inspectors is subject to the approval of the Civil Service Council. 
13.    In the first three years of the appointment of the associate inspector or controller at the Central Inspection, and based on the feedback of their direct superior and the proposal of the President of the Central Inspection, the Central Inspection Board may decide that the associate inspector or controller for the position is ineligible for the position, thereby terminating their employment at the Central Inspection. 
The Civil Service Council retains the power to determine the position to which they would be transferred. 
All the aforementioned provisions shall apply to associate inspectors who fail the examination for the inspector position on two consecutive occasions. 
14.    In case it is not possible to fill the vacancies for the position of associate inspector at the Engineering, Health, Social or Agricultural Inspectorates-General, as per the Law of 7 February 1962, and upon the approval of the Civil Service Council, these vacancies may be filled through examinations based on educational degrees for civil servants and non-civil servants, provided that the candidates are aged 28 and above. 
Those who pass the examinations shall be appointed as trainee associate inspectors for one year. They shall not be entitled to participate in employment examinations for the position of inspector, unless they have six years of service as associate inspector and in previous positions in public administration in total, including the training period, 3 of which were spent as associate inspector. 
15.    (Annulled by virtue of Law No. 411/1995)

 

Article 6: Oath

1.    Prior to assuming their responsibilities, the chairperson and members of the Board shall take the following oath before the President of the Republic and the Prime Minister, in the presence of the President of the State Consultative Council, the President of the Court of Accounts and the President of the Civil Service Council: 
“I solemnly swear before God to fulfil my duties with honesty and impartiality, to ensure the implementation of laws and regulations and to never disclose the secrets or undermine integrity of my position.”
2.    Inspectors-general and associate inspectors shall take the same oath before the Central Inspection Board prior to assuming their responsibilities. 

Article 7: Terms & Conditions for Transfer, Disciplinary Action and Termination of Service

1.    Inspectors-general and associate inspectors may only be transferred after the approval of the Central Inspection Board. 
2.    Inspectors-general and associate inspectors shall be referred to the Disciplinary Board, set forth in the Code of Civil Servants, by virtue of a decree issued by the Council of Ministers, based on the proposal of the minister whose ministry was being inspected, or by virtue of a decision by the Central Inspection Board, upon the proposal of its president.
3.    The Central Inspection President may be discharged from service or transferred back to their original position, if they were previously a civil servant, by virtue of a decree issued by the Council of Ministers, based on a written request made by the President themselves. They may be transferred to a different directorate or their service may be terminated in cases where it is justified to dismiss civil servants. In this case, the decree is issued upon the motion of the Prime Minister, based on the approval of a special committee presided by the First President of the Court of Cassation. Committee members include the President of the State Consultative Council, the President of the Court of Accounts, the President of the Civil Service Council, and the most senior director-general. 
4.    The provisions of the item above shall also apply to the Research and Guidance Director and the Inspector-General serving as a member of the Central Inspection Board.

 
3
Chapter 3: Central Inspection Board
Article 8: The President

The President:
1.    The Board President has permanent authorization to exercise, within the mandate of the Central Inspection, the financial and administrative prerogatives granted to ministers by virtue of the relevant laws and regulations, with the exception of constitutional powers. 
2.    The President shall chair the Board and preside over its meetings and discussions. 
3.    The President shall present to the Prime Minister an annual report, to be published in the Official Gazette. Copies of the report shall also be sent to Parliament, the Civil Service Council and the Court of Accounts. 

 
Article 9: Board Members

All Board members exercise the prerogatives set forth by the Central Inspection statutes and entrusted to them by the President. They may directly contact public administrations, provided that a copy of the correspondences is sent to the President.
 

Article 10: Board Meetings

The entire Board shall convene at least twice per month and as needed. Its decisions shall be issues by majority vote.

Article 11: Board Mandate

The Board shall discuss and decide on all matters under its jurisdiction according to the laws and regulations in force, as well as issues brought forward by its President, namely: 
1.    Issues related to the Central Inspection.
a.    Submit proposals to the Council of Ministers on changes to the Central Inspection staff. 
b.    Define the mandate of Central Inspection positions. 
c.    Prepare the draft budget of the Central Inspection
d.    Approve the appointment of Central Inspection staff who can be appointed by virtue of a decision by the Board President, according to Item 1 of Art. 8. 
e.    Refer inspectors-general, inspectors and associate inspectors to the Disciplinary Board. 
f.    Approve the contracting of Lebanese or non-Lebanese experts, based on the dedicated funds in the budget. 
g.    Address all important issues regarding the various bodies of the Central Inspection. 
2.    Issues related to public administrations and institutions:
a.    Present views and proposals to the Council of Ministers on the reorganization of public administrations and institutions and municipalities and the enhancement of work processes. 
3.    Other issues:
a.    Decide on annual inspection plans in all public administrations and institutions and municipalities. 
b.    Decide on the penalties imposed on civil servants found guilty by the Central Inspection. 
c.    All other matters entrusted to the Board by virtue of the laws and regulations in force. 

4
Chapter 4: Central Inspection Directorate
Article 12: Mandate of the Central Inspection Directorate

1.    The Central Inspection Directorate oversees and inspects the performance of public administrations and municipalities in terms of fulfilling their assigned responsibilities. It oversees and inspects the performance of public institutions according to the conditions set forth in their regulations. 
2.    The Directorate inspects and oversees the performance of the civil servants in public administrations and municipalities in terms of carrying out their duties and responsibilities. It inspects and oversees the personnel of public institutions according to the conditions set forth in their regulations. 
3.    Inspections are carried out based on annual plans, extraordinary plans and special assignments. 
4.    Annual plans are adopted in December of every year, after consulting with the relevant public administrations and institutions and municipalities. These plans should provide for the inspection of all relevant public administrations and institutions and municipalities at least once per year. 
5.    Extraordinary plans shall be developed when needed. 
6.    Special assignments are made either:
    By the President of the Central Inspection Board for all cases; 
    By the President of the Civil Service Council if the issue is related to a civil servant;
    By the President or Public Prosecutor of the Court of Accounts if the issue is related to a financial inspection; or
    By the relevant minister or director-general if the issue is related to their directorate or administration.
7.    All special assignments are reported to the relevant inspectorate via the Central Inspection Director, who shall prioritize such assignments over the annual inspection plans.

Article 13: Special Provisions Related to the Administrative Inspectorate-General

The mandate of the Administrative Inspectorate-General under the Central Inspection Directorate includes all public administrations and institutions and municipalities.

Article 14: Special Provisions Related to the Technical Inspectorates-General
  1. The mandate of every technical inspectorate-general under the Central Inspection Directorate shall be limited to the scope of its competency. 
  2. Technical inspectors and associate inspectors shall fulfil their functions at the same administration that falls under their mandate. 
  3. Financial inspectors and associate inspectors shall fulfil their functions at the Ministry of Finance.  
 
Article 15: Mandate of the President of the Central Inspection Directorate
  1. Develop the annual or extraordinary inspection plans, according to Item 4 of Art. 12. 
  2. Issue special assignments, mentioned in Item 6 of Art. 12, and ensure the undertaking of special assignments issued by other authorities. 
  3. Form inspection committees, whose members include inspectors-general and inspectors, and specify their missions and deadlines to complete operations, provided that it does not exceed 3 months, renewable for an additional 3 months, by virtue of a Board decision. 
  4. Personally undertake investigations and inspections involving Category I civil servants and the two other Board members. 
  5. Present inspection reports along with their opinion to the Board
  6. Follow up on proposals made by the Central Inspection Directorate. 

 

Article 16: Inspectors' Mandate

1.    Inspectors-general and inspectors shall examine all documents, records, entries and papers in the public administrations undergoing inspection, make copies thereof if they so choose and oversee the works, vehicles, hangars, warehouses or any other areas that fall under the inspecting authority’s scope of competence;
2.    Inspectors-general and inspectors shall inspect matters of confidential nature and only make copies of the related documents by virtue of the Prime Minister’s authorization, following the competent minister’s approval;
3.    Inspectors-general and inspectors shall ask staff questions and summon whoever they deem necessary to hear their testimony. Should any member of staff refuse to comply or obstruct the inspection, the inspector shall report them to the head of their administration and recommend that the necessary measures be taken against them. The competent administration must take action within 24 hours after receiving the report;
4.    Inspectors-general and inspectors shall reserve the right to require employees to work outside official working hours and to suspend leave requests for the duration of the inspection. Moreover, all precautionary measures should be taken to ensure the integrity of the inspection, including temporarily suspending employees under inspection. These measures shall be communicated to the competent minister within 24 hours, in order for the latter to decide on the matter, as well as to the Central Inspection Director;
5.    Inspectors-general and inspectors shall reserve the right to collect, if necessary, any verbal or written information that may facilitate their task from private institutions and individuals;
6.    Inspectors-general and inspectors shall seek the assistance of experts on matters that require technical expertise, subject to the approval of the Central Inspection Director, who shall themselves appoint the experts and determine their renumeration when necessary, in line with the relevant budget allocations.
7.    a. The inspector-general may impose, when necessary, either of the first two Grade I penalties provided for in Article 55 of Legislative Decree No. 112 of 12/06/1959 against any permanent staff in Category II or below, for committing significant violations or for obstructing the inspection, in line with the penalties that fall within the competence of the director-general, and in accordance with the provisions of Item 6 of Article 56 of the abovementioned Legislative Decree.
The inspector may, when necessary and for the same reasons, in line with the penalties that fall within the competence of directors and service chiefs, impose either of the aforementioned penalties on all permanent staff in Category III and below, in line with the provisions of paragraph (a) above.
The mandate granted to inspectors-general and inspectors shall cover all temporary employees, contractors, staff and wage earners in public administrations, as well as anyone who receives a salary or remuneration from the funds of these administrations, in line with the penalties provided for in the laws and regulations that govern them.
This mandate also covers full-time and temporary employees, contractors, staff and wage earners in public administrations, independent authorities and municipalities, as well as anyone who receives a salary or remuneration from the funds of these administrations, in line with the penalties provided for in the laws and regulations that govern them.
Should the laws and regulations mentioned in the two paragraphs above not include any disciplinary measures, the penalties provided for in Article 55 of the Code of Civil Servants shall apply.
In the event that employee categories cannot not be matched with public administration staff categories, the salaries and remunerations may be used as a basis for comparison.
b. Until the penalty card system is rolled-out, the inspector-general or inspectors shall solicit, in writing, the opinion of the employee’s direct superior with respect to the penalty they intend to impose on the said employee. As such, the direct superior shall advise on the proposed penalty, in written form, within 24 hours from the date of receipt of the proposal. Otherwise, their opinion shall be discarded.
c. The concerned person may contest the proposed penalty within 24 hours before the Central Inspection Board, through the competent inspector-general and within five days after they are notified of the sanction decision.
d. The Central Inspection Board shall look into the contestation according to regular due process. Should the employee’s contestation prove to be invalid, the penalty shall be aggravated.
 

Article 17: Inspectors' Duties & Obligations

1.    Inspectors are obligated to maintain the confidentiality of the investigation and may only notify the competent ministers, the Central Inspection Director, the President of the Civil Service Council, the President of the Court of Accounts, and the Public Prosecutor at the Court of Accounts if the matter is of financial nature.
2.    Upon commencing the inspection, inspectors shall notify the competent director of the administration that they intend to inspect and shall present to them their professional IDs and a copy of the assignment issued by the Central Inspection Director.

3.    Inspectors may not give employees subject to inspection or who are testifying any orders or directives on how to perform their regular tasks.
 

 

Article 18: Inspection Reports

1.    Inspectors shall provide the Central Inspection Director, via the inspector-general they report to, with weekly reports detailing the tasks they were mandated to perform. They shall also submit their final report and recommendations within a period not exceeding one month. This duration may only be extended by virtue of a special permission from the Central Inspection Director, provided that the new, extended period does not exceed one month.
2.    The Central Inspection President shall send a copy of the final inspection reports to the competent minister and administration and to the Civil Service Council.
If the report touches on matters of financial nature, a copy thereof shall also be sent to the Public Prosecutor at the Court of Accounts, who shall review the report and provide comments and recommendations.
 

Article 19: Inspection Outcomes

1.    The Central Inspection Director shall present the inspection reports to the Central Inspection Board within one month after their submission. As for inspection reports referred to the Public Prosecutor at the Court of Accounts, the same grace period shall apply from the date on which the report is returned with the Prosecutor’s opinion.
2.    The Central Inspection Board shall deliberate on the report and directly take all first and second grade disciplinary measures against permanent employees, in line with Article 55 of the Civil Servants Code, with the exception of demotion, dismissal and removal from service. As for temporary employees, contractors and wage earners, the Central Inspection Board may directly impose all disciplinary penalties provided for in the relevant laws and regulations, with the exception of demotion, dismissal, and removal from service. Should these laws and regulations not stipulate any disciplinary measures, the penalties provided for in Article 55 of the Civil Servants Code shall apply.
The same rules mentioned in paragraphs two and three of Item (2) above shall apply to permanent and temporary employees, contractors and wage earners in public institutions, independent authorities and municipalities, as well as any person who receives a salary or remuneration from their funds. On the other hand, the Central Inspection Board may only impose Grade I sanctions on Category I employees in public administrations and institutions, independent authorities and municipalities. The Central Inspection Board may, after imposing the due disciplinary penalties, refer the concerned person to the competent disciplinary board; choose to refer the case to the Court of Accounts; or call upon the Public Prosecutor at the Court of Cassation to prosecute them. This referral or prosecution does not require the approval of the concerned administrative authority.
Without prejudice to the provisions of paragraph 6 below, the decisions issued by the three abovementioned authorities, or the provisions thereof, shall not in any way influence the decision of the Central Inspection Board.
3.    The Board’s sanctions shall be communicated to the concerned administrations and entities for implementation, and to the Civil Service Council and concerned person. When necessary, other decisions shall be communicated to the competent minister or director and to the Civil Service Council. The Court of Accounts and the Public Prosecutor shall also be notified of any decisions pertaining to cases of financial nature.
The Central Inspection Board may choose to publish the decisions set forth under this article in newspapers, mentioning the names of the concerned employees and wage earners.
4.    The decisions issued by the Central Inspection Board, following a complaint lodged before it, shall be final and shall take full effect, with no possibility for review. Other decisions issued by the Central Inspection Board directly may be reviewed upon the concerned person’s request or appealed before the State Consultative Council within 30 days from the sanction notification date. Decisions issued by the Central Inspection Board may only be reviewed in the event that an error or omission is made or in light of new documents or facts that may alter the decision.
The complaint or request for appeal before the Central Inspection Board shall be submitted, regardless of administrative hierarchy, to the Central Inspection Secretariat, either directly in exchange for a receipt or through certified mail with a receipt notification, in line with the specified deadlines and under penalty of rejection.
The decisions mentioned in paragraph two of Item (4) above, issued by the Central Inspection Board, may only be appealed before the State Consultative Council on grounds of invalidity or violation of due processes, with the exception of cases pertaining to deadlines or the violation of laws.
Should the State Consultative Council appeal the Board’s decision, the case shall be returned to the Central Inspection Director. The Board shall once again examine the case in light of the Council’s decision. Thereafter, its decision shall be deemed final, with no possibility for review.
5.    Review requests pertaining to any Central Inspection Board decision and appeals made to the State Consultative Council shall not hinder the implementation of the said decisions.
6.    Should several disciplinary penalties from different authorities be imposed on the person guilty of the violation for the same case, the stricter penalty shall apply, contrary to any other provisions.

5
Chapter 5: Research and Guidance Directorate
The Research and Guidance Directorate, mentioned in Articles 20, 21 and 22 above, was annexed to the Civil Service Council by virtue of Article 7 of Law No. 222 of 29/05/2000, and the budget allocations for this administrations were transferred to the Civil Service Council by virtue of Article 8 of Law No. 222/2000.
Article 20: Main Functions

The Research and Guidance Directorate shall advise public administrations on how to improve their processes, increase their effectiveness and fulfil their responsibilities to the fullest extent, primarily by:
1.    Issuing recommendations on the organization of different departments, in order to better fulfil the actual needs and interests of the public and achieve their objectives faster and at the lowest cost possible.
2.    Enhancing administrative work processes, by carrying out technical studies, expediting and streamlining transactions, automating certain administrative tasks, unifying templates, organizing archives, transforming the architecture of administrative buildings, standardizing furniture, equipment and installations, issuing publications, etc.
3.    Conducting studies and collecting statistics on public administrations and civil servants.
 

 

Article 21: Cooperation Mechanism with State Administrations

1.    The Research and Guidance Directorate may mandate any of its employees or experts to visit all public administrations, examine their systems and documents and look into their work processes. All public administrations shall facilitate the fulfilment of their tasks, provide them with all the information they need and put any employees at their disposal to ensure the proper fulfilment of their tasks.
2.    The Research and Guidance Directorate may choose one employee from each administration or institution to collaborate with while conducting its studies and preparing its recommendations. These employees shall be selected after notifying their superiors and shall attend training sessions at the National Institute of Public Administration upon the request of the Research and Guidance Directorate.
3.    Each of the said employees shall submit an annual report to the Research and Guidance Directorate on the outcomes achieved with respect to their mandated task.
 

 

Article 22: Effectiveness of Recommendations

1.    The Research and Guidance Directorate shall submit its technical studies to the competent administration, with practical recommendations on how to improve the processes examined by the study. It shall also submit a copy of the said studies and recommendations to the Civil Service Council.
2.    Each administration shall advise on the Research and Guidance Directorate’s recommendations within two months at the latest. Should the administration in question fail to do so or to implement the recommendations, the Central Inspection Director shall refer the matter to the Council of Ministers to take necessary action.
3.    The Research and Guidance Directorate shall submit to the Central Inspection Director an annual report on its activities during the previous year and the outcomes it has achieved. The report shall be published in the Official Gazette, and copies shall be sent to Parliament, public administrations and institutions, concerned municipalities, the Civil Service Council, and the Court of Accounts.
 


 

 

 

Article 23:

This Legislative Decree shall enter into effect on the day following its publication in the Official Gazette.

This Legislative Decree was published in the Official Gazette Issue No. 29 of 20/6/1959.

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