Kuwait Court of Cassation principle number 158

The administrative decision: an act by which the administrative authority expresses its binding will pursuant to its powers under laws, decisions, and regulations, with the intention of producing a particular legal effect. The implication thereof. Distinguishing an administrative decision from a material act. The reason therefor. - Jurisdiction of the Administrative Circuit. It encompasses both annulment and compensation jurisdiction. - The administrative authority’s refusal to make a decision required by a law or regulation. This is treated as an administrative decision which interested parties may challenge by seeking annulment before the Administrative Circuit of the Court of First Instance. They may also seek compensation if that refusal causes harm warranting compensation. - The employee’s relationship with the administrative authority. Its nature. The implication thereof: both the employee and the administrative authority must comply with laws and regulations. - The General Medical Council has the final say as to which duties of the post are or are not compatible with the employee’s medical condition. Minister of Public Health Decision 158 of 1971 establishing the General Medical Council. - The government authority’s refusal to implement the General Medical Council’s decision to reduce the female employee’s working hours for a specified period and to refer her again after a period. A negative administrative decision. The challenged judgment’s departure from this, describing the administration’s conduct as merely a material act. An error requiring its cassation. - 50 - Administrative - What does not constitute an administrative decision:-