Kuwait Court of Cassation principle number 268

A ruling that Civil Service Council Decision No. (5) of 2003 is unconstitutional. Its effect: declaring its invalidation, terminating its enforceability, and deeming it never to have existed. It binds everyone and all courts. Articles (173) of the Constitution and (1) of Law 14 of 1973 concerning the establishment of the Constitutional Court. The challenged judgment’s issuance before the issuance of the aforementioned Constitutional Court judgment and its application of the rule contained in Article (15 bis) of Decree-Law 15 of 1979 to the Assistant Undersecretary at the Audit Bureau on the basis of Legislative Interpretation No. (5) of 2003, an approach differing from what the Constitutional Court judgment revealed, and its consequent finding that the challenged decision was lawful. This renders it defective and requires its cassation. - Non-retroactivity of administrative decisions:-