Kuwait Court of Cassation principle number 1202

The administrative authority’s expression of its will. Its manner. Either through decisions issued by it pursuant to discretionary authority conferred by law, or pursuant to a bound authority in which it has no freedom of assessment, but rather the legislature imperatively prescribes the action it must take whenever the relevant objective criteria are satisfied. In the latter case, the individual derives his right directly from the law. This does not mean that the administrative authority’s role in this regard is confined to the mere material implementation of the binding provision. The scope of application of the provision must be determined by identifying the individual to whom it applies, after verifying that the prescribed conditions are satisfied in his case, through an individual administrative decision. The capacity of this decision to create or amend a particular legal position should not be denied on the pretext that it was issued in implementation of a binding statutory provision. The basis therefor. - The requirement of interest in an action for annulment of an administrative decision. When it is satisfied. - A trade union is considered legally established upon the deposit with the Ministry of Social Affairs and Labour of the founding documents required by law, duly completed. The Ministry’s obligation to publicize the union in the Official Gazette. Its authority in this regard. Bound. This does not mean that its role is confined to the mere material implementation of the provision. The application must be examined and the satisfaction of its conditions and the propriety of its procedures verified. The implication thereof. The administrative authority’s position in these cases. An administrative decision. Susceptible to challenge by way of annulment. Example.