Kuwait Court of Cassation principle number 1435

The administrative authority's expression of its will. Its manner. Either through decisions issued pursuant to a discretionary power conferred by law or pursuant to a bound power in which it has no freedom of discretion; rather, the legislature mandatorily prescribes the action it must take whenever the relevant objective criteria are satisfied. In the latter case, the individual derives the basis of his right directly from the law. This does not mean that the administrative authority's role in this regard is limited 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 met in his case, through an individual administrative decision. This decision should not be denied its capacity to create or modify a particular legal position on the pretext that it was issued in implementation of a binding legal provision. The basis thereof. - The requirement of an interest in an action to annul an administrative decision. When it is satisfied. - A trade union is deemed legally existent upon the deposit with the Ministry of Social Affairs and Labour of the complete founding documents required by law. The Ministry's obligation to publish notice of the trade union in the Official Gazette. Its power in this regard. Bound. This does not mean that its role is restricted to the mere material implementation of the provision. The application must be examined and the satisfaction of its conditions and the validity of its procedures verified. The consequence thereof. The administrative authority's position in these cases. An administrative decision. Open to challenge by annulment. An example. - 410 - Administrative