Kuwait Court of Cassation principle number 153

Expression by the administrative authority of its will. How effected. Either through decisions it issues on the basis of discretionary authority conferred by law or on the basis of a bound authority in which it has no freedom of assessment; rather, the legislator imperatively imposes upon it the action it must take whenever the objective controls pertaining thereto 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 confined to 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, by means of 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. Basis thereof. - The condition of interest in an action for annulment of an administrative decision. When it is satisfied. - A union is deemed legally established upon deposit with the Ministry of Social Affairs and Labor of the duly completed incorporation documents required by law. The Ministry’s obligation to publicize the union in the Official Gazette. Its authority in this regard is bound. This does not mean that its role is confined to mere material implementation of the provision. It must examine the application and verify that its conditions are satisfied and its procedures are sound. Import thereof. The administrative authority’s stance in these cases. An administrative decision. Susceptible to an annulment challenge. Example.